Washington HOA Board Elections and Removal: RCW 64.90.518 and .520
Quick answer: Before any board election, a Washington association governed by RCW 64.90 must tell every owner how many seats are open, what the candidate qualifications are, and how and by when to submit nominations (RCW 64.90.518). Owners can remove a board member or owner-elected officer, with or without cause, at an owners' meeting with a quorum, but only if removal was listed in the meeting notice, the person gets a chance to speak first, and the vote in favor reaches the lesser of a majority of all votes held by the eligible owners or two-thirds of the votes cast (RCW 64.90.520). The board can also remove a member who is more than 60 days delinquent and fails to cure within 30 days of notice.
Board elections and removals are where a sloppy notice or a missing line in the minutes turns into a dispute. This guide walks through both statutes and shows what the secretary should record.
Which Washington associations this applies to
RCW 64.90 is the Washington Uniform Common Interest Ownership Act (WUCIOA). Communities created on or after July 1, 2018 are governed by it, and older communities can opt in. Full WUCIOA applies to all common interest communities on January 1, 2028. If your association was created before 2018 and has not opted in, confirm with the statute or your attorney which election and removal rules apply to you today. Our sister site Dynamite Management has a complete WUCIOA guide.
Board election notice: RCW 64.90.518
The election notice rule overrides your declaration and bylaws:
(1) Notwithstanding any contrary provision in the declaration or organizational documents, prior to an election of board members, the association must provide notice to all unit owners of the following: (a) The number of board positions that may be filled; (b) The qualifications to be a board candidate, if any; and (c) The process, manner, and deadline for submitting nominations.
In practice, that means a call for candidates should go out well before the annual meeting notice, so owners have time to nominate. The statute does not set a specific number of days for this call, so set a reasonable deadline and apply it to everyone. The annual meeting notice itself still has to meet the timing rules in RCW 64.90.515, covered in our Washington HOA meeting notice guide.
If the board disqualifies a nominee
(2) If the board determines that any nominee is not a qualified candidate, the board shall notify the nominee of the basis for the disqualification, and the procedure for appealing the disqualification.
So if your bylaws say a candidate must be current on assessments, for example, the board has to tell a disqualified nominee why and how to appeal. Adopt an appeal procedure before election season, not after a dispute starts.
A sample call for candidates
- Seats open: three seats, each for a two-year term.
- Qualifications: as stated in the bylaws (quote or attach the section).
- How to nominate: submit the nomination form by email or mail to the secretary.
- Deadline: a specific date and time.
- Appeals: a nominee found not qualified will be told why in writing and may appeal under the board's adopted procedure.
Quorum for the owners' meeting: RCW 64.90.450
Both elections and removals happen at owners' meetings, so the quorum rule matters. Unless your organizational documents say otherwise:
(1) Unless the organizational documents provide otherwise, a quorum is present throughout any meeting of the unit owners if at the beginning of the meeting persons entitled to cast 20 percent of the votes in the association attend in person, by proxy, by means of communication under RCW 64.90.445 (1) (e) or (f), or have voted by absentee ballot.
Note the phrase throughout any meeting: once 20 percent is present at the start, people leaving later does not break the quorum. Count absentee ballots toward it. For how ballots and proxies work, see our post on RCW 64.90.455 owner voting.
Removing a board member or officer: RCW 64.90.520
The vote needed
Owners present in person, by proxy, by remote means under RCW 64.90.445(1)(e) or (f), or by absentee ballot can remove a board member, or an officer elected by the owners, with or without cause. The threshold is the lesser of:
| Option | Votes in favor of removal |
|---|---|
| (a) | A majority of all votes in the association held by the owners entitled to vote for that seat |
| (b) | Two-thirds of the votes cast by those owners at the meeting |
Whichever number is smaller is enough. Example: in a 100-unit community with one vote per unit, option (a) is 51 votes. If 45 votes are cast at the meeting, option (b) is 30 votes, so 30 votes in favor removes the director.
Three limits on owner removal
(i) A board member appointed by the declarant may not be removed by a unit owner vote during any period of declarant control; (ii) A board member appointed under RCW 64.90.410 (7) may be removed only by the person that appointed that member; and (iii) The unit owners may not consider whether to remove a board member or officer at a meeting of the unit owners unless that subject was listed in the notice of the meeting.
Item (iii) is the one that trips up associations most. Owners cannot move to remove a director from the floor at the annual meeting. Removal has to be on the noticed agenda. See how to create an HOA meeting agenda.
The right to be heard, and electing a replacement
(2) At any meeting at which a vote to remove a board member or officer is to be taken, the board member or officer being considered for removal must have a reasonable opportunity to speak before the vote.
Under subsection (3), the owners may immediately elect a successor at the same meeting. If you think that could happen, include it in the notice and have nomination procedures ready so the RCW 64.90.518 notice requirements are met.
Board removal for delinquency
Subsection (4) lets the board, without an owner vote, remove a board member or owner-elected officer who is more than 60 days delinquent in assessments and has not cured within 30 days after receiving notice of the board's intent to remove. Unless the governing documents say otherwise, the board may also remove an officer it elected at any time, with or without cause.
The removal must be recorded in the minutes of the next board meeting.
What the minutes should say
For an election:
- That the RCW 64.90.518 notice went out, with the date.
- Quorum confirmed, with the count of votes present, by proxy and by absentee ballot.
- Candidates, vote totals and who was elected, and for what term.
For a removal:
- That removal was listed in the meeting notice.
- That the director or officer was offered the chance to speak (and whether they did).
- Votes for and against, and which threshold under RCW 64.90.520(1) was met.
- Any successor elected.
Our guide on how to record a motion and vote in HOA board minutes has sample wording. If you want the meeting, the minutes and the books in one place, HOA Board Minutes is part of HOA Fiscal, built for self-managed associations.
FAQ
Does a Washington HOA have to send a call for board candidates? Yes, for associations governed by RCW 64.90. Before an election, RCW 64.90.518 requires notice to all owners of the number of seats, candidate qualifications, and the process and deadline for nominations.
What vote is needed to remove an HOA board member in Washington? The lesser of a majority of all votes held by the owners entitled to vote for that seat, or two-thirds of the votes cast by those owners at a meeting with a quorum.
Can owners remove a director from the floor at the annual meeting? No. RCW 64.90.520 bars owners from considering removal unless it was listed in the meeting notice.
Can the board remove a director who stops paying assessments? Yes. If the director is more than 60 days delinquent and does not cure within 30 days after notice of the board's intent, the board can remove them without an owner vote. The removal must be recorded in the minutes of the next board meeting.
What is the quorum for a Washington HOA owners' meeting? Unless the organizational documents say otherwise, 20 percent of the votes, counting owners present in person, by proxy, by permitted remote means, or by absentee ballot at the start of the meeting.
This is not legal advice. Confirm with the current statute and your association's attorney, especially if your community was created before July 1, 2018.
Related articles
RCW 64.90.455: Washington HOA Voting, Proxies and Absentee Ballots
How Washington owners vote under RCW 64.90.455: meetings, absentee ballots, proxies, ballots without a meeting, and the secret-ballot rule for elections.