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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 117419
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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The R.C.W.64.38.025(3) states that unless at meeting (after

Customer Question

the R.C.W.64.38.025(3) states that unless at meeting (after proposing budget), the owners of a majority of the votes in the association are allocated or any larger percentage specified in the governing documents reject the budget, the budget is ratified, whether or not a quorum is present. It seems to me this is very subjective. Our HOA demands that at least 400 home owners submit ballots otherwise the budget automatically passes. The HOA has 793 homes/properties. What does this mean? The HOA dues have went up over $50 in the past 2 years.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am sorry, I do not quite understand your question about "What does this mean?" A quorum is a majority of the homeowners, unless the bylaws set a different quorum, but if the bylaws are silent, a quorum is a majority of the members of the association.

Customer: replied 1 year ago.
We are facing another increase in the HOA dues. The votes that are counted (around 200) are not regarded in any way as the Board of the HOA state that there needs to be at least 400 votes returned according to the RCW law. They do not take into consideration of the majority of the homeowners that do vote. I am trying to clarify the meaning of the law.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

You need to read the bylaws to see what the bylaws state about a quorum and what is required to have a valid vote. If they did not have a sufficient number of members to vote, because they did not meet a quorum, then they can pass the measure because there is no quorum of votes as a quorum is required to have a valid vote.