RCW 64.90.455: Washington HOA Voting, Proxies and Absentee Ballots
Quick answer: Under RCW 64.90.455, Washington owners can vote at a meeting (in person, remotely, by absentee ballot or by proxy) or by ballot without a meeting. A proxy must be dated, cannot be revocable without notice, and expires 11 months after it is issued unless it says otherwise. A vote without a meeting needs a written notice with a return deadline at least 14 days out, and it only passes if enough ballots come back to equal a meeting quorum. Board elections, board removals and amendments to the governing documents must be done by secret ballot, and incumbents and candidates cannot handle those ballots before they are counted.
This guide walks through each voting method in RCW 64.90.455, what your notice and ballot have to say, how votes are counted, and what goes into the minutes. For the meeting rules themselves (open meetings, executive session, owner comment), see RCW 64.90.445 explained. For the statute as a whole, Dynamite Management's Washington HOA laws and WUCIOA guide is the place to start.
Does RCW 64.90.455 apply to your association?
The Washington Uniform Common Interest Ownership Act (WUCIOA, chapter 64.90 RCW) governs communities created on or after July 1, 2018, and older communities that have elected to be governed by it. For communities created before July 1, 2018, RCW 64.90.365 lists the WUCIOA sections that already apply. That list includes the meeting statute, RCW 64.90.445, and the budget statute, RCW 64.90.525, but it does not include RCW 64.90.455. So a pre-2018 HOA or condo that has not opted in still votes under its own declaration and bylaws and the older chapter (64.38 RCW for HOAs, 64.34 or 64.32 RCW for condos).
That changes on January 1, 2028. The older chapters are repealed on that date and the full act applies. Most pre-2018 boards should plan their 2028 annual meeting around the rules below. Dynamite's WUCIOA 2028 checklist covers the rest of the transition. Confirm your community's status with the statute or your attorney before changing your election process.
The four ways an owner can vote
| Method | Where in RCW 64.90.455 | Key requirement |
|---|---|---|
| In person at a meeting | (2)(a) | Voice, hands, standing, written ballot or any method authorized at the meeting, unless the declaration or bylaws say otherwise (secret ballot still required for the votes in (9)) |
| Remotely at a meeting | (2)(b) | The association must take reasonable measures to verify each remote owner's identity |
| Absentee ballot | (2)(c)-(d) | Candidates and proposal text sent with the meeting notice; association-provided ballot; the association must be able to verify who cast it |
| Proxy | (3) | Dated, not revocable without notice, expires after 11 months unless stated otherwise; identity of owner and proxy holder verified |
| Ballot without a meeting | (4) | Notice with a deadline at least 14 days out; returned ballots must equal a meeting quorum |
Absentee ballots at a meeting
An owner may vote by absentee ballot on proposals or board candidates only if two things are true under RCW 64.90.455(2)(c): the name of every candidate and the text of every proposal went out in writing with the meeting notice, and the association provided the ballot. Any ballot for a board election must include a blank space so owners can vote for one or more candidates. Under (2)(d), the association must be able to verify that the person who cast the absentee ballot is the owner entitled to cast it.
In practice that means the candidate list has to be settled before the notice goes out. Build your calendar backward from the notice deadline in RCW 64.90.515, and close nominations early enough to print the ballot.
Proxies: dated, revocable, and short-lived
Unless the declaration or organizational documents say otherwise, owners may vote by directed or undirected proxy, executed in the same manner as RCW 24.06.110 provides for nonprofit corporations. Two lines in the statute decide whether a proxy counts:
(d) A proxy is void if it is not dated or purports to be revocable without notice.
(e) Unless stated otherwise in the proxy, a proxy terminates 11 months after its date of issuance.
Both are from RCW 64.90.455(3). An owner can revoke a proxy only by actual notice to the secretary or the person presiding, or by delivering a later proxy. An owner's death or disability does not revoke the proxy unless the person presiding has actual notice of it. The association also has to take reasonable steps to verify the identity of both the owner and the proxy holder.
Practical rule: reject any undated proxy at check-in, note it on the sign-in sheet, and keep a copy with the meeting records.
Voting by ballot without a meeting
Unless the declaration or organizational documents say otherwise, the board can put a question to owners by ballot without holding a meeting under RCW 64.90.455(4). The notice must state:
| The notice must include | Subsection |
|---|---|
| The deadline for returning ballots, at least 14 days after the notice date | (4)(b)(i) |
| The percentage of votes needed to approve each matter other than board elections | (4)(b)(ii) |
| When, how and by what date owners can send information about the vote to all other owners | (4)(b)(iii) |
| Instructions for casting a ballot | (4)(c)(i) |
| A paper ballot for every owner who has not consented in a record to electronic voting | (4)(c)(ii) |
| Electronic voting instructions, if the association allows it | (4)(c)(iii) |
The ballot must list each proposed action with a chance to vote for or against it. The quorum test is the step boards most often miss:
(f) Approval by ballot pursuant to this subsection is valid only if the number of votes cast by ballot equals or exceeds the quorum required to be present at a meeting authorizing the action.
If ballots fall short of quorum or approval by the deadline, the board may extend the deadline for a reasonable period of up to 11 months, with a new notice to all members. Ballots already cast still count unless revoked. A ballot or a revocation is not effective until the association receives it. Afterward, the association must tell owners what action was taken within a reasonable time, and it must keep a record of the action, including the ballots or the tabulators' report, with the minutes of meetings.
Secret ballots for elections, removals and amendments
The current text of RCW 64.90.455(9) requires a secret ballot for three kinds of owner votes, regardless of any other law or the governing documents:
- election of board members
- removal of board members (and of officers, if owners elect officers)
- amendments to the governing documents
At the meeting, paper secret ballots are opened and counted, and electronic results are reviewed, announced and recorded in the minutes. A quorum does not need to be present for the count. Incumbent board members and anyone whose name is on the ballot may not possess, see or help open or count the secret ballots, or collect electronic voting data, before the count. The simplest way to comply is to appoint neutral tabulators (owners who are not running, or an outside vendor) and to keep returned envelopes sealed with one of them until the meeting.
How votes are counted
- Majority of votes cast. Unless the act or the declaration requires a different number, a majority of the votes cast decides a vote at a meeting or without one (RCW 64.90.455(8)(a)).
- Co-owned units. If only one co-owner votes, that vote counts for the whole unit. If two or more co-owners vote, none of their votes count unless the declaration says how to split them (8)(b).
- Units the association owns. Those votes are cast in the same proportion as everyone else's votes on the question (7).
- Lessees. If the governing documents give certain votes to tenants, the statute treats lessees as owners for those matters, and the leasing owners cannot vote on them (5)-(6).
Election-day checklist
- Confirm the quorum and approval thresholds in your declaration and bylaws.
- Send the meeting notice with every candidate's name, the full text of every proposal, and an association-provided absentee ballot with a write-in space.
- Appoint tabulators who are not incumbents or candidates.
- Check in owners and proxy holders, verify identities, and reject undated proxies.
- Collect absentee and secret ballots in sealed envelopes; keep them out of incumbents' and candidates' hands.
- Open and count at the meeting; announce results.
- Record the results in the minutes and file the ballots or tabulators' report with them.
What to put in the minutes
Record the method used, the number of votes cast (in person, absentee, proxy, electronic), whether quorum was met, the tabulators' names, and the result of each vote. For a ballot without a meeting, attach the notice, the tally and the report. Our guides on recording a motion and vote and what to include in HOA meeting minutes have sample wording, and how to run an HOA annual meeting lays out the full agenda.
HOA Board Minutes builds the agenda, attendance and vote record for you, and the accounting side lives in HOA Fiscal.
This is not legal advice. Confirm the details with RCW 64.90.455, your governing documents and your attorney.
Frequently asked questions
Can a Washington HOA use proxies?
Yes, unless the declaration or organizational documents prohibit them. Under RCW 64.90.455(3) a proxy must be dated, cannot be revocable without notice, and expires 11 months after issuance unless it states otherwise.
Can a Washington HOA vote without a meeting?
Yes, unless the declaration or organizational documents say otherwise. The notice must give a return deadline at least 14 days out, state the approval percentage, and include instructions and a ballot. The vote is valid only if the ballots returned equal a meeting quorum.
Do Washington HOA board elections have to be by secret ballot?
Yes, under the current RCW 64.90.455(9), along with board removals and amendments to the governing documents. Incumbents and candidates may not handle or count those ballots before the count at the meeting.
Does RCW 64.90.455 apply to an HOA formed before 2018?
Not yet, unless the community elected into WUCIOA. RCW 64.90.365 does not list section .455 among those that apply to pre-2018 communities. The older chapters are repealed January 1, 2028, when the full act applies.
What counts as a majority?
A majority of the votes cast, unless the act or the declaration requires a different number or fraction.
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