State HOA law, and HOA CC&R/By law, which one should be used when conflict?

Hi, I am in washington state, and there is a State HOA Law RCW 64.38

And also we have a CC&R and Bylaw.

If both document mentioned the same item, which law should be used?

For example,

In state RCW HOA law, it stated.

"The owners by a majority vote of the voting power in the association presents, in person or by proxy, and entitled to vote at any meeting of the owners at which a quorum is present, may remove any memer of the board of directors with or without cause"

There is no "unless" for this item, so it is unconditional as understand, so if there is any simlar items in our own HOA CC&R and by law, or conflicts with that state HOA, law, should the state HOA law be used? or

Thanks a lot.

 

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State law most generaly overrules but to be on the safe side contact an attorney as local and state some times conflict with each outther find an attorney qualified to answer this question.

Equal justice for All The law works but the system needs changed, We all abide by the law but sometime it failes us. The same with the goverment. God bless the USA, Brign our troops HOME safely, To the men who did not get the credit they deserve, MAY GOD WATCH OVER OUR SERVICE MEN.

http://apps.leg.wa.gov/rcw/default.aspx?cite=64.38

here is the link for state hoa rcw law, and i am more concerning the following,

1. question 1:

A>

in rcw 64.38.025, please note there is no 'unless specified in govering documents'

in this section or this chapter for this at all.

' (4) The owners by a majority vote of the voting power in the association present, in person or by proxy, and entitled to vote at any meeting of the owners at which a quorum is present, may remove any member of the board of directors with or without cause.'

B>

in our bylaw;

3.2.5 removal.

'Any director may be removed from the board, with or without cause by a vote of a majority of all ownners in the association."

2.2.5 majority vote. a majority of the votes entitiled to be case by members present or represented by proxy at a meeting at which a quorum is present shall be necessary and sufficient for adoption of any matter voted upon by members unless a greater proportion is required by the declaration, the articles or these bylaws.

so which one should overrule - the state hoa law, or the bylaw...?

2. Question 2;

A>

in rcw 64.38.035: - there is 'Unless specified in govering documents etc' for this in the state rcw hoa law. detailes are below;

'(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. Not less than fourteen nor more than sixty days in advance of any meeting, the secretary or other officers specified in the bylaws shall cause notice to be hand-delivered or sent prepaid by first-class United States mail to the mailing address of each owner or to any other mailing address designated in writing by the owner. 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.'

in our hoa bylaw:

'2.2.2, special meeting'

special meetings of the members may be called at any time by the president or by the board, or after the transition date, upin written request of the members whoare entitiled to vote one-third (1/3) of the total votes of the entire association'

so why one should be the rule to use in this case...?

 

Thanks for your great helps...

we contact a few lawyers, but some of them are not willing to take this kind of cases, and we are still looking...

 

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