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Memorandum KELLER ROHRBACK L.L.P. <br /> November 11,2013 <br /> Page 3 <br /> Importantly,however, the first clause of RCW 64.38.020 allows the drafter of the governing <br /> documents to alter this default percentage. RCW 64.38.020 begins: "Unless otherwise provided <br /> in the governing documents, an association may. . ." Therefore, the governing documents of the <br /> homeowners' association can permit the termination of the association with the approval of one <br /> hundred percent of the members of the association and one hundred of the lenders with deeds of <br /> trust secured by real property within the association. In fact,that provision would be stronger <br /> than the default in the condominium statute which only requires an affirmative vote of eighty <br /> percent of an association's members. <br /> IV. CONCLUSION <br /> The default rule for the termination of homeowners' association for fee simple townhomes <br /> requires the affirmative vote of two-thirds of the members. However, RCW 64.38 allows the <br /> governing documents to change this default percentage to increase or decrease this percentage. <br /> Therefore,the termination of fee simple townhome homeowners' association can be made just as <br /> strong as the termination provisions for condominium associations under Washington law. <br /> AEH:aeh <br /> N:\CIJENTS\2718316\MEMO_HOMEOWNERS ASSOCIATION TERMINATION(KR.I 1.11.2013).DOC <br />