Homeowner Association Issues Impacted by the COVID-19 Pandemic

During the shelter-at-home order in Washington State, board or HOA meetings are currently prohibited. This may create complications for homeowner associations trying to conduct business that needs a majority vote regarding matters impacting the HOA and owners.

Homeowner/community associations are required to follow their governing documents when handling association matters. This includes owners and directors voting on association matters which is most often done in person. Due to the COVID-19 pandemic and stay-at-home order, the Governor of Washington has amended the Emergency Proclamation to address issues relating to homeowner/community associations.

• Owners and directors in homeowner/community associations are permitted to vote on association matters by mail, electronic mail and proxy, even if the association’s governing documents do not permit them to do so.
• Owners and directors in homeowner/community associations may attend meetings by conference phone call or other similar communication that allows all participants to hear each other at the same time, even if the governing documents do not permit them to do so.
• The Emergency Proclamation prohibits homeowner associations from charging owners late fees and interest on delinquent assessments and from imposing fines on owners for violating their governing documents.

This proclamation expires at 11:59 PM May 17, 2020.