Washington State RCW 68.38.035(2)....

Can anyone confirm my interpretation of Washington State's RCW 64.38.035(2) regarding notices of HOA members of "any meeting of the association..." includes board meetings? Please advise and many thanks.

The above statute sub-section is //not// for board meetings. To support this, see https://app.leg.wa.gov/RCW/default.aspx?cite=64.38.040

Trial courts have interpreted it to include board meetings. It has never been take to appeals.

I'd like to see Brad's evidence too. A meeting of the Association is a meeting of the members (owners). Did you read your Bylaws yet, Brad?

Doesn't WA require that board meetings also be open to owners????

It is just mentioned in an appellate case that a trial court decided the hoa failed to provide proper notification for board meetings under 68.38.035. The appeals court did not affirm it. It was not part of the appeals court decision. I could not find where it has been addressed directly in appeals.

“Instead, the trial court granted the Roatses motion for partial summary judgment on that claim, which alleged a violation of RCW 64.38.035, "to the extent that the Court declare[d] that the Association failed to give proper notice to its membership for an undetermined number" of Board meetings.”

Roats v. Blakely Island Maintenance Commission, Inc., 169 Wn.App. 263, 285, 279 P.3d 943 (2012)

Roats v. Blakely Island Maintenance Commission, Inc., 169 Wn.App. 263, 285, 279 P.3d 943 (2012)

Here is what I see for Board meetings, William. The thing is I don't know if it applies to your HOA. As I recall, WA has some confusing statutes re: which applies to which kinds of HOAs, and when did the application become effective.

RCW 64.90.445
(2) The following requirements apply to meetings of the board and committees authorized to act for the board: Meetings must be open to the unit owners except during executive sessions,

(f) Unless the meeting is included in a schedule given to the unit owners or the meeting is called to deal with an emergency, the secretary or other officer ... must provide notice of each board meeting to each board member and to the unit owners. The notice must be given at least fourteen days before the meeting and must state the time, date, place, and agenda of the meeting.

Does this not apply to your HOA, William? What DO your Bylaws say?

This board should be advised that time and again the statute makes clear that meetings of the association are not meetings of the board. But that's not what is important here. What is important is that 64.38.035 (4) says board meetings must be open to all owners. This means that, doh, of course reasonable notice must be provided to all owners. As one appeals court put it:

Without notice, an "open" meeting is open in theory only, not in practice.