WilliamP13
Posts: 5
Posts: 5
Posted:
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.
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Washington State RCW 68.38.035(2)....
Started by WilliamP13 • 12 replies • 500 views
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KerryL1
Posts: 14,519
Posts: 14,519
Posted:
Took a quick look just make sure, and in your state and in any that I've seen on this forum over the years, "a meeting of the association" is a meeting of the members (owners) and is usually once a year for the election of directors.
A meeting of the board is a different animal. But, I believe in WA, HOA board meets are open to owners.
You can get a clearer picture by reading your Bylaws, where you'll see two different Sections: Meetings of the Members and Meetings of the Board.
A meeting of the board is a different animal. But, I believe in WA, HOA board meets are open to owners.
You can get a clearer picture by reading your Bylaws, where you'll see two different Sections: Meetings of the Members and Meetings of the Board.
ElleN
Posts: 4,405
Posts: 4,405
Posted:
Quote:
Posted By WilliamP13 on 01/17/2024 5:04 PM
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.
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.
DeanJ
Posts: 1,789
Posts: 1,789
Posted:
Plain reading, it requires notice of a meeting of the Association, not the Association board.
BradS10
Posts: 34
Posts: 34
Posted:
Trial courts have interpreted it to include board meetings. It has never been take to appeals.
TimB4
Posts: 20,986
Posts: 20,986
Posted:
My initial read is that it is for general membership meetings only.
However, I can also see it being interpreted to include board meetings.
Except, that it appears to conflict with the corporate statutes, RCW 24.03A.555, that says a minimum of 48 hours notice is all that is required.
Brad says that their are legal cases that say it does apply to board meetings.
Perhaps he could share some links so we can learn.
However, I can also see it being interpreted to include board meetings.
Except, that it appears to conflict with the corporate statutes, RCW 24.03A.555, that says a minimum of 48 hours notice is all that is required.
Brad says that their are legal cases that say it does apply to board meetings.
Perhaps he could share some links so we can learn.
KerryL1
Posts: 14,519
Posts: 14,519
Posted:
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????
Doesn't WA require that board meetings also be open to owners????
KerryL1
Posts: 14,519
Posts: 14,519
Posted:
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????
Doesn't WA require that board meetings also be open to owners????
BradS10
Posts: 34
Posts: 34
Posted:
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)
“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)
TimB4
Posts: 20,986
Posts: 20,986
Posted:
Brad,
Thank you for providing the case.
If interested, here are the links:
In Roats v. Blakely Island Maintenance Commission, Inc from Case Text
Wash: Court of Appeals Decision
Wash: Court of Appeals Opinion
Thank you for providing the case.
If interested, here are the links:
In Roats v. Blakely Island Maintenance Commission, Inc from Case Text
Wash: Court of Appeals Decision
Wash: Court of Appeals Opinion
KerryL1
Posts: 14,519
Posts: 14,519
Posted:
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?
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?
WilliamP13
Posts: 5
Posts: 5
Posted:
Thanks to all that have provided input to my original question. You have been of great value and I will continue to pursue this issue in an attempt to make our board more transparent in their dealings with the membership.
ElleN
Posts: 4,405
Posts: 4,405
Posted:
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.
Without notice, an "open" meeting is open in theory only, not in practice.
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