Question:
Our Washington state established HOA has official documents including Articles of Incorp, ByLaws, and CC&Rs on record. Can the Board of Directors call for a vote to do away with the CC&Rs? And if so, what is the required distribution of voting to do so – a simple majority? 2/3 of membership voting yes? all members in favor?
We are in need of an urgent answer to this, since our annual meeting will be held in the fall.
– Carol
Answer:
Hi Carol,
The CC&Rs are part of the recorded documents that the HOA files with the government to establish the existence of the HOA. Without the CC&Rs, your HOA may lose its authority, including the authority to collect fees and transact business. That said, check your CC&Rs to see what provisions it contains and possibly lose if you decide to do away with it.
Similarly, your CC&Rs and bylaws should tell you the required number of votes to take such an action. That said, RCW 64.38.120(3)(c) states the following: “Unless a greater number or fraction of the votes in the association is required under this chapter or the declaration or organizational documents, a majority of the votes cast determines the outcome of any action of the association.”
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