Meetings and Decisions
The governing documents specify the minimum amount owners present for a quorum. This is also known as the owner voting power. This minimum amount must be present for decisions to be made at an owner meeting. In Oregon, the law sets 20% as the minimum quorum, and in Washington, the minimum quorum is 25% for condominiums. There is no minimum quorum requirement in Washington for planned unit developments.
A matter that could be decided at an owner meeting may also be decided by casting a written mail-in ballot. Most governing documents contain provisions allowing for business to be conducted by written ballot with some exceptions. The provisions differ greatly, and a careful review of the association’s governing documents is necessary to determine whether this is authorized.
Decisions made at an owner meeting held without proper notice are valid only if all the following are true: (i) enough owners (a “quorum”) were present to allow decisions to be made at a properly noticed meeting, (ii) none of the owners at the meeting objected to the improper notice at the beginning of the meeting, and (iii) every owner who did not attend the meeting signs a waiver of notice or an approval of the meeting minutes.
A regular owner meeting is one held on a schedule prescribed in the governing documents. Most governing documents require one regular meeting (the “annual meeting”) each year. A special owner meeting is one that is not required by the governing documents but rather has been convened for a specific purpose.
Both regular and special owner meetings require a written notice at least ten (10) but not more than fifty (50) days before the meeting in Oregon, and at least ten (10) but not more than sixty (60) days before the meeting in Washington. The notice may be given in several different ways: (i) by email to an owner who has consented to receive notice in that manner; (ii) by first-class mail; (iii) by hand-delivery to the owner.
An owner meeting notice must include the place, date and time of the meeting, and the general nature of the business to be conducted at the meeting.
An owner who cannot attend an owner meeting should give another person a proxy, which is a written form authorizing the other person to attend and be counted toward the voting requirement. A proxy may also be granted to allow the proxy holder to vote on behalf of the absent owner.
A special owner meeting can be convened by the board, the board president, a quorum of the board, or by any group consisting of at least a percentage of owners as determined in the governing documents.