Current through 2024
Section 64.90.502 - Emergency(1) In this section, "emergency" means an event or condition or a state of emergency declared by a government for an area that includes the common interest community that constitutes an imminent:(a) Threat to the health or safety of the public or residents of the common interest community;(b) Threat to the habitability of units; or(c) Risk of substantial economic loss to the association.(2) In an emergency, this section governs the authority of a board to respond to the emergency. If another provision of this chapter is inconsistent with this section, this section prevails.(3) The board may call a unit owner's meeting to respond to an emergency by giving notice to the unit owners in a manner that is practicable and appropriate under the circumstances.(4) The board may call a board meeting to respond to an emergency by giving notice to the unit owners and board members in a manner that is practicable and appropriate under the circumstances. A quorum is not required for a meeting under this subsection. After giving notice under this subsection, the board may take action by vote without a meeting.(5) In an emergency, the board may, without regard to limitations in the governing documents, take action it considers necessary, as a result of the emergency, to protect the interests of the unit owners and other persons holding interests in the common interest community, acting in a manner reasonable under the circumstances.(6) If, under subsection (5) of this section, the board determines by a two-thirds vote that a special assessment is necessary:(a) The assessment becomes effective immediately or in accordance with the terms of the vote; and(b) The board may spend funds paid on the assessment only in accordance with the action taken by the board.(7) The board may use funds of the association, including reserves, to pay the reasonable costs of an action under subsection (5) of this section.(8) After taking an action under this section, the board shall promptly notify the unit owners of the action in a manner that is practicable and appropriate under the circumstances.Added by 2024 c 321,§ 321, eff. 6/6/2024.