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BarbaraD12 (Washington)
Posts: 24
Posted:
I live in a small 18 unit association. Because we are so small, our documents state that we can waive an annual audit by a CPA if 60% of the homeowners agree to waive it.
My question is, is it 60% of the homeowners who are attending the annual meeting or is this a vote whereby ALL homeowners must cast a vote?
Thank you.
ElleN (Idaho)
Posts: 4,420
Posted:
BarbaraD12, for the best responses, I suggest you quote verbatim what the bylaw or CC&Rs say on this.

Questions about whether a certain percentage refers to: all owners; just those in attendance at an annual meeting; or something else; come up here all the time. Providing the exact wording of the bylaw or covenant is best.
BarbaraD12 (Washington)
Posts: 24
Posted:
Our declaration reads: The Board shall cause an annual audit to be made by a Certified Public Accountant as required by state law. The audit may be avoided if sixty percent (60%) of the Owners Vote each year to waive the Audit.
We are located in Washington state.
ElleN (Idaho)
Posts: 4,420
Posted:
Thank you. I say a court would say this means 60% of //all// owners. Especially since there is nothing in the quoted verbiage about a "meeting."

Let's see if anyone at HOATalk opines different.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By ElleN on 06/13/2023 10:51 AM
I say a court would say this means 60% of //all// owners.
Barbara, I am betting your condo was created after July 1, 1990 and is subject to the Washington Condo Act. The latter says:

In the case of a condominium consisting of fewer than fifty units, an annual audit is also required but may be waived annually by unit owners other than the declarant of units to which sixty percent of the votes are allocated, excluding the votes allocated to units owned by the declarant.

Correct?
KerryL1 (California)
Posts: 14,550
Posted:
Since you asked, Barbara, do note that 60% of all owners means 60% of all households. That's quite a large % so getting enough folks to b vote may be a challenge. If they know w how much bypassing an audit with save the HOA, that might help.
BarbaraD12 (Washington)
Posts: 24
Posted:
Yes, it was built in 1993.
BarbaraD12 (Washington)
Posts: 24
Posted:
Yes, it was built in 1993.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By BarbaraD12 on 06/13/2023 11:55 AM
Yes, it was built in 1993.
Then I think the Condo Act resolves all doubt. If the Bylaws/CCRs were interpreted to mean 60% of those present at a meeting, this would conflict with the statute. When such conflicts arise, the statute controls.

Quote this to anyone saying otherwise: https://app.leg.wa.gov/rcw/default.aspx?cite=64.34.372

I know audits are expensive. Yearly seems too much. I would campaign to get the 60% of all owners to agree to waive it. Do a vote by mail or electronic means, if allowed.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By ElleN on 06/13/2023 10:51 AM
Thank you. I say a court would say this means 60% of //all// owners. Especially since there is nothing in the quoted verbiage about a "meeting."

Let's see if anyone at HOATalk opines different.

I agree. 60% of ALL OWNERS.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By ElleN on 06/13/2023 10:51 AM
Thank you. I say a court would say this means 60% of //all// owners. Especially since there is nothing in the quoted verbiage about a "meeting."

Let's see if anyone at HOATalk opines different.

I agree. 60% of ALL OWNERS.
KerryL1 (California)
Posts: 14,550
Posted:
The trouble is, JohnC, when ppl. who are knew to HOA lingo see "all Owners," some occasionally think every owner on record may vote. We know, instead, that it means 60% of all households or dwellings must vote to approve.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By KerryL1 on 06/13/2023 2:14 PM
We know, instead, that it means 60% of all households or dwellings must vote to approve.
You may "know" this. But "we" know nothing of the sort.

The OP quoted the declaration section. I quoted the statute section. I think everyone but you knows what is needed to waive the audit.

You can ask the OP to go to the definitions section of the governing documents and waste more time.
KerryL1 (California)
Posts: 14,550
Posted:
Damn my careless typing!

Anyhoo, "we" have seen posters on this site ask how many owners in an HOA home may vote. The answer is one. As a newish poster, I don't know Barbara's level of knowledge.

In at least two cases that I can recall, JohnC has contributed a story about each member of a divorcing couple wanting to vote at an election for directors , and needing to be informed that there may be only one vote per household.
SheliaH (Indiana)
Posts: 6,964
Posted:
When did you usually take this vote in the past? And when was the last time the community decided to waive the annual audit? If it's the annual meeting, that's when you should do it.

If it's been a few years since you last has an audit, I would hope people would vote for one this time, but if they want to keep waiving it, that's the decision, although it's not very smart. In fact, maybe it's best to amend the documents to require it every two years or something, and then you can skip this voting issue.

As for the percentage, 11 is 60%, and while it would be great if all owners vote, you only need 11 or more to vote one way or another. Check your documents to see what percentage makes quorum for annual and focus on meeting that number.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
SheliaH (Indiana)
Posts: 6,964
Posted:
Kerry's comment also remind me - check your documents to see if it's one vote per unit. If you have co-owners, they'll need to figure out who'll cast the vote.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
BarbaraD12 (Washington)
Posts: 24
Posted:
Unfortunately, our association was self managed up until three years ago and never voted on whether or not to have an audit. Therefore, no professional audit was ever done. The reigning president and treasure at that time reviewed the financials. We now have a management company and are implementing the vote.
Since there are only 18 units, what happens if it is a split vote? I guess that’s where we are unclear. If 10 vote in favor of an audit and 8 vote no, 10 is not 60%. Would the no’s win?
I am new to this association and was appalled at how things were being self managed. I’ve made it my mission to help with getting it on track despite a lot of opposition.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By BarbaraD12 on 06/14/2023 10:19 AM
Unfortunately, our association was self managed up until three years ago and never voted on whether or not to have an audit. Therefore, no professional audit was ever done. The reigning president and treasure at that time reviewed the financials. We now have a management company and are implementing the vote.
Since there are only 18 units, what happens if it is a split vote? I guess that’s where we are unclear. If 10 vote in favor of an audit and 8 vote no, 10 is not 60%. Would the no’s win?
I am new to this association and was appalled at how things were being self managed. I’ve made it my mission to help with getting it on track despite a lot of opposition.
Barbara, you are misreading the covenant and the state statute. The HOA is required to have the audit unless at least 60% vote to waive it. Assuming there are 18 units with one vote per unit, then eight units voting "no" represents 44.4% voting no. This means the audit is not waived. In other words, statutes and your bylaws require the audit.

If the board does not understand this, then you folks should maybe hire an attorney for a year or two and ask questions early and often. Let the attorney educate you.

BarbaraD12 (Washington)
Posts: 24
Posted:
Thank you. Totally makes sense now.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By BarbaraD12 on 06/14/2023 12:48 PM
Thank you. Totally makes sense now.

It would take 11 of 16 owners voting to waive the audit as in no audit. Less then 11 voting to waive it then there must be an audit.

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