There was joy throughout Washington when board members and managers first heard that the law for Washington non-profit corporations was changed to allow for the potential use of electronic notices for Association meetings.
The potential use of email notices led to dreams of reduced copy and postage costs and the slight chance of increased owner participation and easily achieved quorums.
Unfortunately, even though the non-profit acts allow for electronic notice in some circumstances, the Washington Condominium Act, RCW 64.34 (“Condo Act”) and the Homeowners’ Association Act, RCW 64.38 (“HOA Act”) do not.
The non-profit corporation acts in Washington allow the use electronic meeting notices in some circumstances.
Specifically, the Nonprofit Corporation Act allows for meeting notices to be sent via electronic transmission (RCW 24.03.080(1)) while the Nonprofit Miscellaneous and Mutual Corporations Act (RCW 24.06.105) allows it only if it specifically allowed for in the articles of incorporation or bylaws.
However, the language in the non-profit act that applies to your association is only the starting point.
You must also look at the language of the statute that specifically applies to your association to determine if that statute allows for electronic notice.
If you are an association subject to the Condo Act or an owners association subject to the HOA Act, then you must comply with the language in those acts.
Both RCW 64.34 and RCW 64.38 state that for any association meeting:
[T]he secretary or other officers specified in the bylaws shall cause notice to be hand-delivered or sent prepaid by first-class United States mail to the mailing address of each owner or to any other mailing address designated in writing by the owner.
RCW 64.34.332 and RCW 64.38.035.
The Condo Act and the HOA Act require association meeting notices to be hand delivered or sent first class mail.
They do not make any reference to or allow for electronic notice.
If you are a condominium that was created after July 1, 1990 you should comply with the language of RCW 64.34.332 and if you are an HOA you should comply with RCW 64.38.035 and either hand deliver or send your meeting notices by first class mail.
Your status as a non-profit or non-profit miscellaneous and mutual corporation does not trump the express Condo or HOA Act requirements.
Please note that notice requirements for board meetings often differ from an “association meeting;” thus, review and understanding of an association’s governing documents is paramount in determining proper board meeting notice requirements.
Stay tuned for:
Part 2: Association Meeting Notices in the Digital Age: Oregon
Part 3: Voting in the Digital Age
