CERTIFICATION OF ENROLLMENT

SUBSTITUTE HOUSE BILL 2567

Chapter 20, Laws of 2014

63rd Legislature
2014 Regular Session



HOMEOWNERS' ASSOCIATIONS--MEETING MINUTES



EFFECTIVE DATE: 06/12/14

Passed by the House February 17, 2014
  Yeas 97   Nays 0

FRANK CHOPP
________________________________________    
Speaker of the House of Representatives


Passed by the Senate March 4, 2014
  Yeas 49   Nays 0


BRAD OWEN
________________________________________    
President of the Senate
 
CERTIFICATE

I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 2567 as passed by the House of Representatives and the Senate on the dates hereon set forth.


BARBARA BAKER
________________________________________    
Chief Clerk
Approved March 13, 2014, 3:20 p.m.








JAY INSLEE
________________________________________    
Governor of the State of Washington
 
FILED
March 14, 2014







Secretary of State
State of Washington


_____________________________________________ 

SUBSTITUTE HOUSE BILL 2567
_____________________________________________

Passed Legislature - 2014 Regular Session
State of Washington63rd Legislature2014 Regular Session

By House Judiciary (originally sponsored by Representatives Zeiger, Morrell, Rodne, and Jinkins)

READ FIRST TIME 02/05/14.   



     AN ACT Relating to the approval of minutes from annual meetings of homeowners' associations; and amending RCW 64.38.035.

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

Sec. 1   RCW 64.38.035 and 2013 c 108 s 1 are each amended to read as follows:
     (1) A meeting of the association must be held at least once each year. Special meetings of the association may be called by the president, a majority of the board of directors, or by owners having ten percent of the votes in the association. The association must make available to each owner of record for examination and copying minutes from the previous association meeting not more than sixty days after the meeting. Minutes of the previous association meeting must be approved at the next association meeting in accordance with the association's governing documents.
     (2) Not less than fourteen nor more than sixty days in advance of any meeting of the association, the secretary or other officers specified in the bylaws shall provide written notice to each owner of record by:
     (a) Hand-delivery to the mailing address of the owner or other address designated in writing by the owner;
     (b) Prepaid first-class United States mail to the mailing address of the owner or to any other mailing address designated in writing by the owner; or
     (c) Electronic transmission to an address, location, or system designated in writing by the owner. Notice to owners by an electronic transmission complies with this section only with respect to those owners who have delivered to the secretary or other officers specified in the bylaws a written record consenting to receive electronically transmitted notices. An owner who has consented to receipt of electronically transmitted notices may revoke the consent at any time by delivering a written record of the revocation to the secretary or other officer specified in the bylaws. Consent is deemed revoked if the secretary or other officer specified in the bylaws is unable to electronically transmit two consecutive notices given in accordance with the consent.
     (3) The notice of any meeting shall state the time and place of the meeting and the business to be placed on the agenda by the board of directors for a vote by the owners, including the general nature of any proposed amendment to the articles of incorporation, bylaws, any budget or changes in the previously approved budget that result in a change in assessment obligation, and any proposal to remove a director.
     (4) Except as provided in this subsection, all meetings of the board of directors shall be open for observation by all owners of record and their authorized agents. The board of directors shall keep minutes of all actions taken by the board, which shall be available to all owners. Upon the affirmative vote in open meeting to assemble in closed session, the board of directors may convene in closed executive session to consider personnel matters; consult with legal counsel or consider communications with legal counsel; and discuss likely or pending litigation, matters involving possible violations of the governing documents of the association, and matters involving the possible liability of an owner to the association. The motion shall state specifically the purpose for the closed session. Reference to the motion and the stated purpose for the closed session shall be included in the minutes. The board of directors shall restrict the consideration of matters during the closed portions of meetings only to those purposes specifically exempted and stated in the motion. No motion, or other action adopted, passed, or agreed to in closed session may become effective unless the board of directors, following the closed session, reconvenes in open meeting and votes in the open meeting on such motion, or other action which is reasonably identified. The requirements of this subsection shall not require the disclosure of information in violation of law or which is otherwise exempt from disclosure.


         Passed by the House February 17, 2014.
         Passed by the Senate March 4, 2014.
         Approved by the Governor March 13, 2014.
         Filed in Office of Secretary of State March 14, 2014.