E-mail Notice of Owner Meetings by RCW 64.38 Homeowner Associations
by Brian P. McLean
The State Legislature amended section 2(c) of RCW 64.38.035, permitting notice by e-mail only when certain conditions are met. The Governor signed Substitute House Bill 1370 (2013) into law on May 1, 2013 (Chapter 108, Laws of 2013).
Section (c) says:
1 (c) Electronic transmission to an address, location, or system
2 designated in writing by the owner. Notice to owners by an electronic
3 transmission complies with this section only with respect to those
4 owners who have delivered to the secretary or other officers specified
5 in the bylaws a written record consenting to receive electronically
6 transmitted notices. An owner who has consented to receipt of
7 electronically transmitted notices may revoke the consent at any time
8 by delivering a written record of the revocation to the secretary or
9 other officer specified in the bylaws. Consent is deemed revoked if
10 the secretary or other officer specified in the bylaws is unable to
11 electronically transmit two consecutive notices given in accordance
12 with the consent.
Anyone know what a “written record” is? May an owner opt-in by e-mail? Is an e-mail a written record? May an owner opt-in by filling out a web-based form? May an owner opt-in by attaching a PDF consent form to an e-mail? May an owner vote by e-mail? (Look to the corporate statutes for that one.) May an owner waive any defense by previously accepting notice by e-mail? By showing up at the meeting? So many questions…
It seems that the legislature is making the situation more difficult than it needs to be by jumping through hoops just to do business in an HOA run by volunteers; as if they don’t already have enough to do with this government mandated mini-government.
Fortunately our HOA was proactive and amended our covenants to include electronic means of communication, including meeting notices.
The idea that an HOA would need to get this written article from one member for approval and then if they decline it at some point you then have to keep a record of this members requirements and that members requirement, etc., etc.; what a bother. The legislature never seems to consider the cause and effect of their legislation when it enters the real world.
Has the legislature in all it’s ‘wisdom’ figured out a way that since the volunteers with little or no managment experience gets paid for this mandated madness? After all, the legislature gets paid by the taxpayers for imposing their will upon the people and then they have to find ways to fulfill the requirements without pay. Must be nice to run a dictatorial government at the peoples expense.