Vote Tracking

Our HOA is in an easement dispute. Details on the dispute are not important. We had a vote to charge all homeowners an assessment to fund a lawsuit. The vote passed by an overwhelming majority. One person in the community is against the lawsuit, she is hostile to the Board and others in the community. She demands to be given a list on how individuals voted. We believe she will harass the YES voters. We also suspect she will give her attorney the list.

Do we, the Board, have an obligation or duty to give this hostile community member the voting list? She claims it is public record.

Washington State. Pierce County

I would expect that this vote was done at a meeting, properly noticed and with quorum present.

Minutes of that meeting would be available to any member.
Documenting evidence, signin sheet (to show quorum) and ballots would typically be available for inspection by any member.

However, since the Association is involved in litigation, I would suspect that some information may be able to be withheld until after litigation or discovery requests.

Per RCW 64.38.045:

6) Records retained by an association must have the following information redacted or otherwise removed prior to disclosure:
(a) Personnel and medical records relating to specific individuals;
(b) Contracts, leases, and other commercial transactions to purchase or provide goods or services currently being negotiated;
(c) Existing or potential litigation or mediation, arbitration, or administrative proceedings;
(d) Existing or potential matters involving federal, state, or local administrative or other formal proceedings before a governmental tribunal for enforcement of the governing documents;
(e) Legal advice or communications that are otherwise protected by the attorney-client privilege or the attorney work product doctrine, including communications with the managing agent or other agent of the association;
(f) Information the disclosure of which would violate a court order or law;
(g) Records of an executive session of the board;
(h) Individual lot files other than those of the requesting owner;
(i) Unlisted telephone number or electronic address of any owner or resident;
(j) Security access information provided to the association for emergency purposes; or
(k) Agreements that for good cause prohibit disclosure to the members.