Quorum Speifics / WA State HOA

It should be rescheduled since I assume you'd want your election to take place as soon as possible. On the other hand, if you wanted to change it to a town hall style session, I think that would be OK (assuming your board is prepared to take questions, which they may not be since they may be asked about things that require research or board discussion). If it were my decision, I would reschedule.

Cathy / Ben - thank you both, so we are assuming of we do not have the 26, we should / need to adjourn our annual meeting and reschedule it with emphasis on getting our 26 or more property owners present to form the quorum at the rescheduled annual meeting - yes ? (to note for Cathy, there is no voting planned for this annual meeting, what we really needed to no is No Quorum / No Meeting ?)

Quorum for meetings, would be found in your by-laws, not necessarily in your CC&Rs. Make sure you are looking there also.

I believe your quorum calculation is a bit more complicated than what you've concluded with the "26". And even your 26 should actually be 27 since 34% of 77 = 26.18, so you'd have to round up to the next whole number. But I still think that's incorrect . . .

You say WA HOA Law indicates . . . "a quorum is present . . . if the owners to which 34% of the votes of the association are allocated are present in person or by proxy at the beginning of the meeting".

You indicated you have 93 lots and 77 owners, so I assume certain owners own 2 or more lots each. Your number of lots equates to the maximum number of total possible votes at an HOA Members Meeting. Usually it's one vote per lot. Further, multiple owners of a single lot (for example a husband & wife) are collectively considered the "owner" and get only 1 vote for each lot they own. Further for example purposes . . . let's say 76 of your 77 owners own 1 lot each and the 77th owner owns 17 lots.

Your quorum calculation needs to be 34% of those 93 lots being represented at the meeting . . . 34% of 93 = 31.62, so rounding up, you need to have 32 lots represented.
Using my example above w/ the one 17-lot owner . . .
- That could mean 32 of the 1-lot owners need to be present . . . so 32 different owners present.
- OR, that could mean the one 17-lot owner plus an additional 15 of the 1-lot owners . . . so 16 different owners present.

So, assuming you have people that own, perhaps 2-3 lots each, your overall calculations are a bit more difficult depending on who shows up to the meeting (or via proxy if you do that). Your actual quantity of owners at the meeting (in person of by proxy) will need to be somewhere between 16 and 32, depending on how many multi-lot owners are present.

Finally, as mentioned above, attendees at the meeting is different than owners/votes at the meeting. Example, a husband & wife who together own the house . . . while they are two attendees, they are only considered 1 owner/vote when determining quorum.

Hope that all makes sense. And I believe I am pretty accurate with things. But if not, others will jump in and help correct any misstatements.

this make better sense, as whenever our HOA goes out for a full community vote of or for anything, we are mandated by our CC&Rs as 2/3rds majority for anything formally approved, made legally binding and filed with the county auditor's office .... and that is 2/3rds of 93 lots, and you are correct, all lots = 1 vote, and we have about 11 owners who own multiple lots: one with 4, one with 3, and nine others with 2 .....so, understood: our quorum = 34% of 93, equaling a rounded up to 32 .....

Tim - our HOA and community has been established on our mountain & water view island hillside since 1969, June 6 1969 to be exact .....and I, as Architectural Committee (just over 1 year into my 3 year term) have obtained all CC&Rs revisions and full most-current CC&Rs from our county auditor's office and I do not believe, but will gladly stand corrected by a Board member or long term home owner, that we have bylaws, just CC&Rs .....as I am sure the county auditor's office would have asked me if I wanted them as well, unless they are only internal to the HOA and not filed with the county ?.....that is why we are referencing WA Sate HOA law for more specific call-outs to how we are to "legally" conduct HOA business ....this is a VERY loose community with extremely low HOA dues, so it may be possible we have CC&Rs only, no ByLaws ....

ok, located our ByLaws and Articles of Incorporation, our President, who is 1 year into his 3 years term, had them .....we have 1 call-out for meeting quorums in our Articles Of Incorporation and we have 2 call-outs for meeting quorums in our ByLaws .....which formal document drives ? ie: which one formally & legally dictates, the Articles of Incorporation or the ByLaws ?? .....