BILL REQ. #:  S-4373.1 

READ FIRST TIME 02/01/12.   

     AN ACT Relating to quorum requirements for homeowners' association meetings; and amending RCW 64.38.040.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 64.38.040 and 1995 c 283 s 8 are each amended to read as follows:
     (1) Unless the governing documents specify a different percentage, a quorum is present throughout any meeting of the association if the owners to which thirty-four percent of the votes of the association are allocated are present in person or by proxy at the beginning of the meeting.
     (2) If the governing documents specify a percentage higher than thirty-four percent for a quorum for any meeting of the association, any owner in that association, who has at least ten percent of the votes in the association, or at least three owners in the association with ten or less residential real properties, may petition the court of local jurisdiction in the county where the association is located to lower the quorum requirement to thirty-four percent of the votes of the association by first meeting the following requirements:
     (a) Send certified letters to all owners of record in the association, as listed in the county assessor's office, of the intent to petition to lower the quorum requirements;
     (b) Give all owners in the association three months to respond to the letter. A lack of a response from an owner is deemed an agreement with the petition; and
     (c) Collect owner responses and document a good faith effort to contact all owners.
     (3) This section applies retroactively to any governing documents
in effect on the effective date of this section.