The board has adopted the following resolution: That we cancel all meetings and their included elections until such time as meetings are permitted by the Governor.
Why did we do this?
Back in May it looked like we were progressing toward a phase 3 reopening by the middle to end of June. This would have allowed our regular board and annual meetings. Unfortunately things have progressed in the wrong direction and don’t look to improve for awhile. In order to comply with the Governors restrictions we have to violate some rule, regulation, or law. In this case that is 9.1 of our by-laws:
9.1 Annual Meetings. The annual meeting of the members of the Association for the election of the directors whose terms have expired and for the transaction of such other business as may properly come before the meeting, shall be held at such time in the month of July as shall be determined by the Board of Directors.
Why not have a mail ballot without a meeting?
We actually did considerable planning to to exactly that, but a review of the by-laws and relevant law precludes that approach. Both the by-laws and RCW require meetings. A meeting cannot be conducted by mail. Both also address what happens if no meeting is held.
In our by-laws:
5.3 Initial Directors; Annual Elections. At the 1980 annual meeting of the members, three directors were elected for a term of three-years, three directors for a term of two-years, and three directors for a term of one-year. Thereafter directors shall be elected for a term of three years to succeed the directors whose terms expire at such annual meeting of the members. If for any reason any such annual meeting is not held, or the authorized number of directors are not elected thereat, the additional number of directors may, be elected at any special meeting Of the members held for that purpose.
The budgeting requirements of RCW 64.90.525 also addresses this possibility.
Budgets—Assessments—Special assessments.
(1)(a) Within thirty days after adoption of any proposed budget for the common interest community, the board must provide a copy of the budget to all the unit owners and set a date for a meeting of the unit owners to consider ratification of the budget not less than fourteen nor more than fifty days after providing the budget. Unless at that meeting the unit owners of units to which a majority of the votes in the association are allocated or any larger percentage specified in the declaration reject the budget, the budget and the assessments against the units included in the budget are ratified, whether or not a quorum is present.
(b) If the proposed budget is rejected or the required notice is not given, the periodic budget last ratified by the unit owners continues until the unit owners ratify a subsequent budget proposed by the board.
Once meetings are allowed the board can set a special meeting to accomplish the intent of the annual meeting and ratify a budget. Until then we continue as is with current directors and the current budget extended as long as required.