Electronic Voting WA HOA

Whoa-someone else may be willing to look up all of your references. We have no current regular posters who're in WA HOAs, but rec'd a similar question, I think, within the past few months. And maybe a year ago?, a regular from WA (who called himself Michael from Ark) contributed a great deal on this topic.He also did the first electronic voting in his HOA.

I don't think it's at all typical for the methods by which Owners may vote are spelled out in the CC&Rs? Usually only in the Byaws? If in your CC&Rs, please its the exact verbiage.

True,24.03.085 was repealed and does not appear in the new RCW 24.03A.

On the other hand, I do not see anywhere in 24.03A that electronic voting is prohibited. Do you? I am not trying to be cute. I think this is significant. It's also partly about how the courts read statutes.

Note: I downloaded the pdf version of 24.03A and searched it for "electronic" and then "vot" (for "voting" and variants on voting).

I see this. My response is the same as the above for 24.03A.

Notably IMO, absentee voting is permitted.

So far my opinion is that, unless either your HOA's bylaws or your HOA's covenants prohibit voting electronically, then electronic voting is allowed, as long as the HOA complies with 64.38.120's requirements for absentee voting.

Identifying whether there is a bona fide conflict can be tricky. How about posting the exact wording of the bylaw and covenant that you think conflict?

Because the problem arises in the definitions section, I would want to see the entire Declaration before concluding that this is a conflict.

I agree it would be best to get this fixed via an amendment. But I am not yet ready to say the CC&R definition necessarily applies to the Bylaws. The CC&R definitions often do apply to the Bylaws, and often the CC&Rs or bylaws expressly say so.

In my opinion and per the rules of statutory interpretation that I have been studying for several years now (granted as a mere layperson), I say yes. For one, note the use of the word "may." If the legislature had wanted to limit voting to only those ways listed, it would have used a "shall."

Here I would interpret the "may" as "have the legal right to". This does not mean the board cannot offer other ways for owners to vote. Instead it means the Board has to offer at least the options to vote (1) in person; (2) by absentee ballot et cetera; or (3) by proxy.

Perhaps more importantly, IMO electronic voting is a type of absentee voting.

I think a court would want to see the statute include an express prohibition on voting electronically before ruling that electronic voting is prohibited.

Since the statute trumps the bylaws and covenants, I say the statute is saying owners must have the legal right to vote by absentee ballot, and absentee voting includes voting electronically.

Let me conclude with a slice of reality: At my former condo the board implemented electronic voting several years ago, alongside the other usual ways to vote. Nothing in the bylaws says electronic voting is allowed. Same for state law. I thought about it and decided to leave it alone. Also no one else has complained. Voter turnout has been much higher. Quorum has easily been attained.

Would anyone complain if you all offered electronic voting along with the other ways of voting?