Question:
Can a Board ask for a show of hands vote when the bylaws state a ballot vote is required. Also, to go with that question, can the Board not supply a ballot, and not let members know ahead of time a Board position is at it’s term, so a member has a chance to run. Our Board conducts a meeting in a manner that only the Board member already holding the office gets voted in. It takes under a minute. My main concern, can a Board member continue to hold their office if the re-election is NOT MENTIONED in the minutes 6 years back. Our President and Secretary have never been announced being re-elected. Can these members lose their positions for breaking the Bylaws on such an important matter? I have been asking since 2017 for a list of Board members, how long their term is, and when the individual positions are up for re-election. Currently Home Owners are kept in the dark about EVERYTHING. This Board, because they can, make ALL decisions without bringing it up to the Home Owners because they can. When Home Owners have not liked what they have done, they ignore how we feel, and either leave something that we would like to come down, or continue a project that Home Owners do not like. They are ruining our common areas. The aesthetics of our community has severely went down since I bought my condo. What they have done to the outside is embarrassing. Please answer my question. The Board and Property Manage will not even consider that Home Owners would like a say on how they are ruining the place. I can’t afford to move or I would. They like to let it be known that they have all the power, no matter what anyone thinks. (I’m in the middle of writing a letter because I received a letter from the Board’s attorney. What they are accusing me of, makes no sense. If I can try to figure out what they say I am doing, it’s something most all Home Owners do. It’s SELECTIVE ENFORCEMENT, and I’m tired of being harassed. Respectfully, I would really appreciate a phone call.
– Patricia
Answer:
Hi Patricia,
According to the Washington Condominium Act Section 64.34.340(3)(a), unit owners and their proxies, at a meeting of unit owners, may vote by voice vote, show of hands, standing, written ballot, or any other method for determining the votes of unit owners, as designated by the person presiding at the meeting. However, if the governing documents require ballot voting for certain issues/actions, the board may be required to follow that procedure and provide ballots.
According to Section 64.34.324(1)(a), the bylaws must state the terms of the board of directors and the manner of elections. Kindly review the bylaws to verify the terms of each board member. The election procedures should also be included. It should state when notice should be given, how votes should be taken, and how to nominate candidates. The board should follow these procedures. If not, you may raise these with the board by contacting them or bringing them up at a board meeting.
Homeowners who want to resolve disagreements and issues with board members may also opt for dispute resolution. However, they may also remove the problem board member(s) according to the provisions of the governing documents. For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
