Question:
Our byLaws state, Shall have 7 board of Directors. Elections coming up in 1 month and board just voted to increase the number of board members so these same people can keep the majority vote. ByLaws are silent, if we can have MORE than 7 board members. Separately, the board wants to take nominations from the floor and vote for 9 new board members (same nite), by holding up blue cards and counting. We have no elections processes in ByLaws nor CCRs and these same board members have been the same for the last 7 years. Most of those years we have never had board elections. This is not secret. How do we keep records of the votes and how do we ensure the vote count is correct? ByLaws do say the board can vote to change the ByLaws (not the members). and only the people who show up on election night are allowed to vote, no Proxy votes either. It seems this board has jerry-rigged themselves into the only people who are ever going to serve on our board. We have 438 homes, In Washington state.
– Nola
Answer:
Hi Nola,
The association has a duty to keep a record of the meeting minutes, which often contain the election results. This is usually required by the governing documents. The Washington Condominium Act Section 64.34.372(3)(b) and the Washington Uniform Common Interest Ownership Act Section 64.90.495(1)(b) also require meeting minutes to be kept.
Moreover, to ensure the vote count is correct, you may opt to hire an independent third party as an election inspector. These inspectors can receive the ballots, count the votes, and help oversee the election process.
As for the board’s decision to increase the number of members, if the HOA is subject to the Washington Uniform Common Interest Ownership Act, it must abide by Section 64.90.410(4)(b) which states that the board cannot amend the organizational documents without a vote or agreement of the unit owners. However, whether the decision falls under this may depend on the wording within the governing documents and the specific details of your circumstances. For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
