[WSBARP] Amending HOA By-Laws

[Patrick McDonald]

Hi Jeff,

RCW 64.38.020(1) provides that, unless otherwise provided by the Bylaws, the Association can adopt and amend bylaws. This would give the board the authority to amend the Bylaws if the governing documents were silent (subject to the restrictions of RCW 64.38.025(2)).

Patrick McDonald
_______________________
Pody & McDonald, PLLC
1000 Second Avenue, Ste. 1605
Seattle, WA 98104
T: 206-467-1559
F: 206-467-4489

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Jeff at bellanddavispllc.com
Sent: 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>
www.bellanddavispllc.com<http://www.bellanddavispllc.com/>

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