Meetings & Votes When Owners Petition for — By David Silver, Esq. of Peryea Silver Taylor, P.S. — T
he types of requests that association managers or boards might expect to receive from owners run the continuum
from routine to unique. On any given day an owner might ask for a resale certificate, submit an architectural change application, or report a noise violation. Most managers and boards know how to respond to routine requests like these. However, when an owner submits a petition demanding an association meeting, the appropriate or required response can be complicated depending on the details of the request. Here are a few ideas that might help increase understanding of an association’s obligations.
Meeting Called By Petition
To begin, it is useful to remember that association meetings may be called in several ways, including by petition. While association meetings are most often called directly by the
board president or by board resolution, it is also possible for owners to demand a meeting via petition. Many governing documents contain provisions that empower a specified number of owners, or percentage of voting power, to require an association meeting.
A specified number of owners, or a percentage of voting power, may petition for an association meeting.
Even if the governing documents do not contain such provisions, the Condominium Act (RCW 64.34.332), HOA Act (RCW 64.38.035), Washington Nonprofit Act (RCW 24.03A.395), Nonprofit Miscellaneous & Mutual Corporations Act (RCW 24.06.100) and WUCIOA (RCW 64.90.445) each contain provisions that address how a certain number or proportion of owners may petition to call an association meeting. While the required percentages and procedures often vary from association to association, suffice it to say that if a board receives a petition demanding a special meeting, the request should be taken seriously.
Continued On Page 28
wscai.org 27
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34
