[WSBARP] Amending HOA By-Laws

[Gwendolyn Cornwell]

I would likely use the process for amending the CC&Rs as stated in the CC&Rs or the statute, then include a process for amending the bylaws in the new version.  As the process for amending CC&Rs will be more strenuous, doing so will likely eliminate future arguments that the amendments are not valid and allow you to create a path to future amendments.

Gwendolyn Cornwell
Attorney
GOURLEY LAW GROUP
THE EXCHANGE CONNECTION
SNOHOMISH ESCROW
P.O. Box 1091
Snohomish, WA 98291
PH:  (360) 568-5065 (800) 291-8401
Fax: (360) 568-8092

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Jeff at bellanddavispllc.com
Sent: Tuesday, November 22, 2022 9:20 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Amending HOA By-Laws

Listmates:

HOA formed with Bylaws that provided no process to amend them, which seems to violate RCW 64.38.030(5).  The CC & R's are likewise silent on how to amend them.  I assume then we look to RCW 24.03A for guidance.
Have any of you gone through the process to amend Bylaws that are silent as to how it can be done?  What's the quorum and then the required number of votes to approve an amendment?  We will deal with the question of enforceability of any amendments later.

JEff
W. Jeff Davis
BELL & DAVIS PLLC
Attorneys at Law
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
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