WA State laws non profit homeowners association BUDGET RATIFICATION AND PROXY

Started by PattiU • 7 replies • 595 views

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PattiU (Washington)
Posts: 9

Posted:

In Washington state, does the homeowners association board or company have to give proxies along with the budget they are proposing for ratification? Our management company is stating that they are not obligated to provide proxy’s.
Anyone with expertise on this issue

ElleN (Idaho)
Posts: 4,420

Posted:

Is this a condominium?

What year was your condominium or HOA created?

Regardless, all the Washington HOA and condo statutes state that owners have the right to vote by proxy. I do not think the HOA has to provide the proxy form, but nor can the HOA reject a properly filled out proxy form. The Washington statutes have certain requirements for proxies.

PattiU (Washington)
Posts: 9

Posted:

It is not a condo -
It is a HOA - non profit formed in 1983 looking at the bylaws.

ElleN (Idaho)
Posts: 4,420

Posted:

Do your bylaws have a requirement for the HOA to provide a proxy? If so, the Board should arrange for this.

If your HOA has not voted to subject itself to RCW 64.90, then I believe RCW 64.38 applies. The section on proxies and absentee voting is here:
https://app.leg.wa.gov/RCW/default.aspx?cite=64.38.120

It's a lot of legalese.

If you want more specific direction, then consider elaborating on what the HOA is or is not doing with regard to proxies.

SheliaH (Indiana)
Posts: 6,964

Posted:

This isn't the management company's decision - they work at the direction of the board of directors, so what did they say? Did you ask them? Keep looking at your documents - the bylaws usually dictate how the community is to be run, so there may be rules about using proxies there.

Most of us are from different states, so what may be true in our state may not be in yours. This is why Google can be your friend - this is what I found: https://app.leg.wa.gov/rcw/default.aspx?cite=64.34.340 Caution - you may need to read the start of the statute to see if the HOA laws apply to all of them or HOAs established on or after a certain date. There may be another statute concerning condos as well, so start looking around.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

PattiU (Washington)
Posts: 9

Posted:

They are saying they are not obligated to give them. Our bylaws state otherwise and say
2. Voting. At any meeting of owners, each owner of a lot shall be entitled to cast one (1) vote. Any owner may attend and vote at such meeting in person or by an agent duly appointed by an instrument in writing signed by the owner and filed with the Board. Any designation of an agent to act for an owner may be revoked at any time by written notice to the Board, and shall be deemed revoked when the Board shall receive actual notice of the death or judicially declared incompetence of such owner or of the conveyance by such owner of his lot. Where an owner consists of two or more persons, any or all of such persons may attend any meeting of the owners, but it shall be necessary for those present to act unanimously in order to cast the vote to which they are entitled. Any designation of an agent to act for such persons must be signed by all of such persons. Only members in good standing shall be entitled to vote.
• Grantors shall not be entitled to vote any unsold lots owned by Grantors.

I have argued and fit they have sent the proxy’s - however oue meeting is 5/20. Just received the proxy yesterday 5/10.

Do I have an argument that since the proxy’s were sent with the budget and in the proper time frame
14 days before a meeting (minimum)
That the meeting needs to be rescheduled?

MichaelT21 (Arkansas)
Posts: 200

Posted:

You can print your own using forms you find on the internet.

Washington State law says that proxies must be accepted by the Board. So there isn't a requirement that the property management company distribute them but there is a requirement that they be accepted by the HOA for voting.

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By PattiU on 05/12/2023 6:58 AM
They are saying they are not obligated to give them. Our bylaws state otherwise and say
2. Voting. At any meeting of owners, each owner of a lot shall be entitled to cast one (1) vote. Any owner may attend and vote at such meeting in person or by an agent duly appointed by an instrument in writing signed by the owner and filed with the Board. Any designation of an agent to act for an owner may be revoked at any time by written notice to the Board, and shall be deemed revoked when the Board shall receive actual notice of the death or judicially declared incompetence of such owner or of the conveyance by such owner of his lot. Where an owner consists of two or more persons, any or all of such persons may attend any meeting of the owners, but it shall be necessary for those present to act unanimously in order to cast the vote to which they are entitled. Any designation of an agent to act for such persons must be signed by all of such persons. Only members in good standing shall be entitled to vote.

I agree with the Board/Manager that, like the statute section, the bylaw does not obligate the HOA to provide the proxy form. But the HOA is obligated to accept a proxy (meaning "an agent duly appointed by an instrument in writing signed by the owner") using a proxy form completed per the bylaw and statute's direction.

Quote:

Posted By PattiU on 05/12/2023 6:58 AM
I have argued and fit they have sent the proxy’s - however oue meeting is 5/20. Just received the proxy yesterday 5/10.

Do I have an argument that since the proxy’s were sent with the budget and in the proper time frame
14 days before a meeting (minimum)
That the meeting needs to be rescheduled?

For the reasons above, I remain not persuaded that a failure of the HOA to provide a proxy form violates the bylaws or statutes.

Welcome back, MichaelT21. I hope life treats you better these days.

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