Scheduling an annual meeting can be difficult for a homeowners association. Choosing a date that is convenient for everyone is impossible. Board members may become frustrated with the lack of participation by members. Quorum problems could also be a recurring issue. Is there a better way to hold annual meetings?
BuildingBoard has a better way to hold your board meetings and annual meetings. Through our online platform, your members and directors attend live meetings. They can participate and vote just as if they were at the meeting in person. The platform is easy to use and does not require the person to download apps or software.
Missing a quorum in Washington can be a headache. It can also be time-consuming and costly. You cannot conduct any business, and you must reschedule and re-notice the meeting. Moreover, there is no guarantee that you will have a quorum at the rescheduled meeting, creating even more problems.
Allowing members to attend the meetings virtually can resolve issues with quorums in the future.
The annual meeting is held to conduct business that impacts the entire community. However, these meetings may also provide owners and shareholders the opportunity to voice concerns or issues.
Virtual meetings are permitted by the Act, as discussed in the virtual meetings section below.
The Washington Condominium Act applies to condominiums organized under the act or subject to the act. Applicable provisions of the Act that apply to annual meetings include, but are not limited to:
Virtual meetings are permitted as described in the section below for virtual annual meetings.
The Horizontal Property Regimes Act governs horizontal property regimes (condos) that expressly elect to be governed by the Act by filing a Master Deed. The chapter does not apply to all common interest communities as specified in RCW 64.32.260.
The Act does not discuss quorums or annual meetings. However, most association bylaws, articles, or declarations require annual meetings. Voting is discussed in RCW 64.32.280. Unit owners may vote in person, by absentee ballot, or by proxy.
The Cooperative Association Act does not explicitly discuss annual meetings of members. However, the bylaws should specify the requirements for meetings. It does discuss voting and quorums.
Members are entitled to one vote on each matter unless enlarged, limited, or denied by the articles or bylaws. Members may vote by mail, in person, electronic transmission, or by proxy, unless otherwise stated in the articles or bylaws.
A quorum is 25% of the total membership votes unless otherwise provided by statute, bylaws, or the articles of incorporation.
A limited cooperation association may be organized under the Washington Limited Cooperative Associations Act for any lawful purpose, except as related to electric energy. Applicable provisions of the Act that apply to annual meetings include, but are not limited to:
Virtual meetings are permitted, as discussed below in the virtual meetings section.
Many homeowners associations are organized as nonprofit corporations. If so, they would also be governed by the Nonprofit Corporation Act. Applicable provisions of the Act that apply to annual meetings include, but are not limited to (NOTE: Some provisions are in effect until January 1, 2022):
Virtual meetings are permitted under the Nonprofit Corporation Act, as discussed in the next section.
The following association statutes discuss virtual annual meetings:
The Uniform Common Interest Ownership Act in §64.90.445 states that meetings of unit owners may be held by video, telephonic, or another conferencing process, provided that the bylaws or articles do not prohibit the process. Board meetings may also be held through a conferencing process.
Section 64.34.332 of the Condominium Act states that annual meetings may be held through conferencing, including telephone and video, if not restricted by the articles, bylaws, or declaration. The meeting notice must state the conferencing process to be used and explain how the unit owners may participate. In addition, the process must allow unit owners to participate in the live meeting.
The Horizontal Property Regimes Act in RCW 64.32.280 states that owners’ meetings may be held by telephonic, video, or other conferencing unless prohibited by the articles, declaration, or bylaws. The meeting notice must state how to access the conferencing process, and the members must be able to participate in the live meeting.
The Limited Cooperative Association Act states in RCW 23.100.0406 the association may permit any or all members to participate in the annual meeting by use of remote communication, unless prohibited by the organizational documents. The remote communication must conform to the requirements in the statute.
Section 24.03.075 is in effect until January 1, 2022. It states that unless the bylaws or articles restrict remote meetings, the annual meeting of members can be held by conference telephone or similar communication equipment. Everyone must be able to participate in the live meeting.
BuildingBoard is easy to use, convenient, and avoids problems reaching quorums. Schedule your meeting, invite members via email, and conduct the vote on the day of the meeting. Your members vote via their smartphone or computer.
Are you ready to simply your annual meetings? Contact BuildingBoard to learn more about our services and to schedule a demo.
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