Washington HOA & Condominium Law
44 active Washington statutes govern homeowners associations and condominiums in the state. The corpus encodes 160 specific requirements across governance, finance, reserves, disclosure, and enforcement. 4 changes recorded in the last twelve months.
Resale Certificate Compliance
20 disclosures required
WA
Every common interest community in Washington
is governed by
RCW 64.34.425
(Washington Condominium Act).
Washington law requires 20 specific disclosures when a unit is sold.
The certificate must be delivered within 10 days of request.
Maximum preparation fee: $275.00.
· verified Oct 2026
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Right of first refusal or restraint on free alienability RCW 64.34.425(a)
A statement disclosing any right of first refusal or other restraint on the free alienability of the unit contained in the declaration; RCW 64.34.425(a) · verified Oct 2026
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Monthly common expense assessment, unpaid assessments, and special assessments RCW 64.34.425(b)
A statement setting forth the amount of the monthly common expense assessment and any unpaid common expense or special assessment currently due and payable from the selling unit owner and a statement of any special assessments that have been levied against the unit which have not been paid even though not yet due; RCW 64.34.425(b) · verified Oct 2026
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Common expenses or special assessments past due over 30 days (current within 45 days) RCW 64.34.425(c)
A statement, which shall be current to within 45 days, of any common expenses or special assessments against any unit in the condominium that are past due over 30 days; RCW 64.34.425(c) · verified Oct 2026
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Association monetary obligations past due over 30 days (current within 45 days) RCW 64.34.425(d)
A statement, which shall be current to within 45 days, of any obligation of the association which is past due over 30 days; RCW 64.34.425(d) · verified Oct 2026
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Other fees payable by unit owners RCW 64.34.425(e)
A statement of any other fees payable by unit owners; RCW 64.34.425(e) · verified Oct 2026
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Anticipated repair or replacement costs exceeding 5% of annual budget, approved by the board RCW 64.34.425(f)
A statement of any anticipated repair or replacement cost in excess of five percent of the annual budget of the association that has been approved by the board of directors; RCW 64.34.425(f) · verified Oct 2026
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Amount of reserves and designation for specified projects RCW 64.34.425(g)
A statement of the amount of any reserves for repair or replacement and of any portions of those reserves currently designated by the association for any specified projects; RCW 64.34.425(g) · verified Oct 2026
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Prior year annual financial statement including audit report if prepared RCW 64.34.425(h)
The annual financial statement of the association, including the audit report if it has been prepared, for the year immediately preceding the current year; RCW 64.34.425(h) · verified Oct 2026
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Balance sheet and revenue/expense statement (accrual basis, current within 120 days) RCW 64.34.425(i)
A balance sheet and a revenue and expense statement of the association prepared on an accrual basis, which shall be current to within 120 days; RCW 64.34.425(i) · verified Oct 2026
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Current operating budget RCW 64.34.425(j)
The current operating budget of the association; RCW 64.34.425(j) · verified Oct 2026
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Unsatisfied judgments against the association and status of pending litigation RCW 64.34.425(k)
A statement of any unsatisfied judgments against the association and the status of any pending suits or legal proceedings in which the association is a plaintiff or defendant; RCW 64.34.425(k) · verified Oct 2026
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Insurance coverage description provided to unit owners RCW 64.34.425(l)
A statement describing any insurance coverage provided for the benefit of unit owners; RCW 64.34.425(l) · verified Oct 2026
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Declaration violations in the unit or limited common elements assigned thereto RCW 64.34.425(m)
A statement as to whether there are any alterations or improvements to the unit or to the limited common elements assigned thereto that violate any provision of the declaration; RCW 64.34.425(m) · verified Oct 2026
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Number of units owned by the declarant and date of transfer of control RCW 64.34.425(n)
A statement of the number of units, if any, still owned by the declarant, whether the declarant has transferred control of the association to the unit owners, and the date of such transfer; RCW 64.34.425(n) · verified Oct 2026
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Health or building code violations affecting the unit or condominium RCW 64.34.425(o)
A statement as to whether there are any violations of the health or building codes with respect to the unit, the limited common elements assigned thereto, or any other portion of the condominium; RCW 64.34.425(o) · verified Oct 2026
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Remaining term of any leasehold estate and renewal/extension provisions RCW 64.34.425(p)
A statement of the remaining term of any leasehold estate affecting the condominium and the provisions governing any extension or renewal thereof; RCW 64.34.425(p) · verified Oct 2026
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Declaration, bylaws, rules and regulations, current reserve study RCW 64.34.425(q)
A copy of the declaration, the bylaws, the rules or regulations of the association, the association's current reserve study, if any, and any other information reasonably requested by mortgagees of prospective purchasers of units. Information requested generally by the federal national mortgage association, the federal home loan bank board, the government national mortgage association, the veterans administration and the department of housing and urban development shall be deemed reasonable, provided such information is reasonably available to the association; RCW 64.34.425(q) · verified Oct 2026
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Qualified warranty coverage and claims history (RCW 64.35.210) RCW 64.34.425(r)
A statement, as required by RCW 64.35.210, as to whether the units or common elements of the condominium are covered by a qualified warranty, and a history of claims under any such warranty; RCW 64.34.425(r) · verified Oct 2026
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Electric vehicle charging station requirements and associated costs RCW 64.34.425(s)
A statement describing any requirements related to electric vehicle charging stations located in the unit or the limited common elements assigned to the unit, including application status, insurance information, maintenance responsibilities, and any associated costs; RCW 64.34.425(s) · verified Oct 2026
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Disclosure if association has no current reserve study RCW 64.34.425(t)
If the association does not have a reserve study that has been prepared in accordance with RCW 64.34.380 and 64.34.382 or its governing documents, the following disclosure: "This association does not have a current reserve study. The lack of a current reserve study poses certain risks to you, the purchaser. Insufficient reserves may, under some circumstances, require you to pay on demand as a special assessment your share of common expenses for the cost of major maintenance, repair, or replacement of a common element." RCW 64.34.425(t) · verified Oct 2026
Also applicable: RCW 64.90.640 (Washington Uniform Common Interest Ownership Act, 26 items)
Industry incumbents (HomeWiseDocs, CondoCerts) charge residents $250–$400 per resale certificate.
Under RCW 64.34.425, Washington caps the preparation fee at $275 by statute. With CommunityPay, the board issues the certificate directly from live ledger data — the board controls pricing within the statutory cap. Residents typically save $200+ per closing.
Which Act Governs
Washington separates its community-association law by the date a community was created. Each act reaches a different set of associations, and only one of them carries a statutory resale certificate for planned communities.
RCW 64.90
Washington Uniform Common Interest Ownership Act
604 associations
RCW 64.34
Washington Condominium Act
3,091 associations
RCW 64.38
Washington Homeowners Association Act
4,557 associations
RCW 64.32
Washington Horizontal Property Regimes Act
260 associations
Cohort membership is derived from each association's Secretary of
State formation date against the acts' own applicability sections.
What Washington Law Requires
Governance (46)
- Housing cooperatives are a distinct category of community association — owners hold shares in a corporation, not deeds to individual units. The Cooperative Association Act governs the corporation; WUCIOA may govern operational matters after 2028. RCW 23.86 (chapter)
- If your condominium was created before July 1990, it's still governed by the original 1963 Horizontal Property Regimes Act, not by the newer Condominium Act. The two statutes differ on assessment lien rights, board authority, and disclosure procedures. RCW 64.32 (chapter)
- Every HPR-era condominium in Washington must transition its operations to WUCIOA by January 1, 2028. Boards governing pre-1990 condos need a compliance plan now — declaration and bylaw provisions inconsistent with WUCIOA will not survive the transition. RCW 64.32 (chapter)
- If your condominium was created between mid-1990 and mid-2018, it operates under the Washington Condominium Act. Newer condominiums fall under WUCIOA; older ones (pre-1990) under the Horizontal Property Regimes Act (RCW 64.32). RCW 64.34 (chapter)
- The four most-used sections of the Condominium Act govern what the association can do, how the board runs, how unpaid assessments become liens, and what disclosures must appear in a resale certificate when a unit is sold. RCW 64.34 (chapter)
- Every Washington condominium currently governed by the Condominium Act must transition to WUCIOA by January 1, 2028. Boards should review their declaration and bylaws now for provisions inconsistent with WUCIOA — those provisions will not survive the transition. RCW 64.34 (chapter)
- The board has full authority to retain a property management company, hire onsite staff, and contract with vendors. No special owner approval is required to contract for ordinary services within budget. RCW 64.34.304 (1)(c)
- The board has broad authority to set rules governing how common areas are used, who maintains them, and what modifications are allowed — subject to declaration limits and reasonableness standards. RCW 64.34.304 (1)(f)
- The original developer cannot write rules into the declaration that give the developer better treatment than ordinary owners get. The association must apply rules and restrictions evenly. RCW 64.34.304 (2)
- The condominium board has broad authority to manage the association, except where the declaration, bylaws, or statute specifically require an owner vote. RCW 64.34.308 (1)
- The board cannot change the declaration, dissolve the condominium, or seat new board members without owner approval. RCW 64.34.308 (2)
- After the board adopts a budget, it must send owners a summary and call a ratification meeting. The budget passes unless a majority of owners vote it down at the meeting. RCW 64.34.308 (4)
- Owners can vote out a board member, with or without a reason, by a two-thirds vote at a properly noticed meeting. RCW 64.34.308 (8)
- Right of first refusal or restraint on free alienability RCW 64.34.425 (a)
- Declaration, bylaws, rules and regulations, current reserve study RCW 64.34.425 (q)
- The three most-used sections of the HOA Act govern how the board operates, how unpaid assessments become liens, and the HOA's filing obligations with the WA Secretary of State. RCW 64.38 (chapter)
- Planned-community HOAs created between 1995 and mid-2018 are governed by the HOA Act. Condominiums fall under RCW 64.32 or 64.34; newer HOAs fall under WUCIOA. RCW 64.38 (chapter)
- Every Washington HOA currently under the HOA Act must transition to WUCIOA by January 1, 2028. Board members should audit their declaration and bylaws now — provisions inconsistent with WUCIOA will not survive the transition. RCW 64.38 (chapter)
- A Washington HOA director owes the same fiduciary duties as a director of any nonprofit corporation — duty of care, duty of loyalty, business judgment rule — enforceable through the Nonprofit Corporation Act. Personal liability follows where breach is shown. RCW 64.38.025 (1)
- Some actions are reserved to owners by statute. The board cannot change the articles of incorporation, dissolve the HOA, seat itself, or invent eligibility rules restricting who can serve — these all require an owner vote. RCW 64.38.025 (2)
- Recall of an HOA board member requires (1) a properly noticed meeting, (2) a quorum present, and (3) a majority vote of those present. No "cause" needs to be shown — owners can recall a director simply because they have lost confidence. RCW 64.38.025 (5)
- When WUCIOA first took effect in 2018, only newly created communities were bound by it. Older condos and HOAs kept operating under their original statutes — until the 2024 transition law changed that. RCW 64.90 (chapter)
- By January 1, 2028, every condo and HOA in Washington — no matter how old — must operate under WUCIOA. Boards governing pre-2018 communities need a compliance plan now to identify governing-document provisions inconsistent with WUCIOA. RCW 64.90 (chapter)
- Several WUCIOA provisions don't wait for 2028 — SB 5129 made them apply to every Washington HOA and condo starting January 1, 2026. Most notable is the fee-free payment-method requirement, which forces every association to offer at least one way to pay assessments without a third-party processor fee. RCW 64.90 (chapter)
- WUCIOA is the new master statute for HOAs and condos in Washington. It replaces three separate older statutes with one consistent set of rules. Every community will operate under WUCIOA by 2028. RCW 64.90 (chapter)
- A WUCIOA HOA must have at least 3 board members, and most of them must be unit owners (not outside professionals). The board cannot be larger than the community itself. RCW 64.90.410 (1)
- Board members and officers owe the same fiduciary duties as nonprofit corporation directors — duty of care, duty of loyalty, business judgment rule. Conflicts of interest must be disclosed and handled under the chapter 24.06 RCW framework. RCW 64.90.410 (1)
- Once developer control ends and the transition meeting occurs, the developer cannot stay on the board — not as a voting member, not as an ex officio member, not in any capacity. Owner-elected governance is mandatory thereafter. RCW 64.90.410 (3)
- Some actions require an owner vote — the board cannot make them alone. Major governance changes (amending the declaration, dissolving the community, seating new directors, or imposing eligibility rules on candidates) require owner approval. RCW 64.90.410 (4)
- An HOA committee can only make binding decisions if at least two board members are on it and they alone hold the voting power. Owner-only committees are advisory — they can recommend, but the board itself must vote on any binding decision. RCW 64.90.410 (6)
- By default, board members elect the officers (president, secretary, treasurer) themselves. Owners can elect officers directly only if the declaration or bylaws explicitly provide for that. RCW 64.90.410 (7)
- At every board meeting, owners get at least 15 minutes to comment on any association matter. This is a mandatory minimum. RCW 64.90.445 (2)(e)
- Your HOA board must notify all owners at least 14 days before any board meeting, or 7 days if the matter is urgent. RCW 64.90.445 (2)(f)
- A Washington HOA cannot ban or unreasonably restrict an EV charging station that a unit owner wants to install for personal use on their unit, balcony, parking space, or other area they exclusively control. Limited common-element parking is also fair game. RCW 64.90.513 (1)(a)
- HOAs CAN require permits, professional electricians, additional insurance, and restoration agreements. What they cannot do is layer those requirements so heavily that installation becomes practically impossible. Reasonableness is the standard. RCW 64.90.513 (1)(b)
- For single-family-home subdivisions where each owner holds fee title to their lot, EV charging installation is purely a property-rights question — the HOA cannot interject itself unless the station crosses into a common element. RCW 64.90.513 (1)(c)
- The owner pays — installation, electricity, upkeep, and any restoration when they sell or remove the station. The HOA does not bear the cost burden, only the prohibition limit. RCW 64.90.513 (8)
- Washington HOAs cannot ban heat pumps. Owners who want to replace gas furnaces or air conditioners with electric heat-pump systems have a statutory right to do so, subject only to reasonable safety and architectural conditions. RCW 64.90.580 (1)(a)
- HOAs CAN require professional installation, sound-rated equipment, screening from view, and placement that doesn't block walkways. What they cannot do is use those requirements to make installation effectively impossible. RCW 64.90.580 (1)(b)
- Owner pays for everything — equipment, install, electricity, upkeep, and damage restoration. The HOA does not subsidize the conversion. RCW 64.90.580 (6)(a)
- Right of first refusal or restraint on free alienability RCW 64.90.640 (a)
- Restrictions on unit use, occupancy, lease, or rental RCW 64.90.640 (t)
- Declaration, organizational documents, rules, all currently-effective board policies/procedures/resolutions, board and association meeting minutes (last 12 months), and the full most current reserve study (expanded by 2026 c 194, effective June 11, 2026 — previously only a summary of the reserve study, without the policies/procedures/resolutions item) RCW 64.90.640 (u)
- Age-related occupancy restrictions RCW 64.90.640 (w)
- Builders of small condo buildings (up to 12 units and 4 stories) can swap the default legal warranties for an insurance-backed written warranty. Buyers still get coverage — but from an insurance policy, not the statute's implied warranties. RCW 64.90.675 (4)
- The substitute warranty is not unlimited — it must run at least 1 year for workmanship and materials, 2 years for plumbing, electrical, and ductwork, and 10 years for structural defects to load-bearing parts of the building. RCW 64.90.675 (4)(c)
Financial (25)
- Common expenses or special assessments past due over 30 days (current within 45 days) RCW 64.34.425 (c)
- Association monetary obligations past due over 30 days (current within 45 days) RCW 64.34.425 (d)
- Prior year annual financial statement including audit report if prepared RCW 64.34.425 (h)
- Balance sheet and revenue/expense statement (accrual basis, current within 120 days) RCW 64.34.425 (i)
- Current operating budget RCW 64.34.425 (j)
- Rejecting a budget does not freeze HOA operations — the previously ratified budget remains in effect until the board proposes another that passes. The HOA does not shut down during a budget impasse. RCW 64.38.025 (3)
- After the board adopts a budget, owners get a summary within 30 days and a meeting 14–60 days later. The budget passes automatically unless a majority of all owners actively reject it. The rejection vote does not require quorum because the default is ratification. RCW 64.38.025 (3)
- The audit trigger, the resale certificate fee figures, and the small-community exemption in WUCIOA are not fixed dollar amounts — they move with a federal inflation index measured from December 1979. RCW 64.90.065 (1)
- When the index moves enough, the dollar figures step up on July 1 in round 10 percent increments. They never step down below what the statute said in 2018. RCW 64.90.065 (2)
- The budget vote must happen between 14 and 50 days after the summary is sent out. The budget passes unless a majority of all owners vote to reject it. RCW 64.90.525 (1)(a)
- After the board adopts a budget, they must send a summary to all owners within 30 days and schedule a meeting to ratify it. RCW 64.90.525 (1)(a)
- A rejected budget does not leave the association without one. The last budget the owners ratified keeps running. Failing to give the notice has the same effect as a rejection. RCW 64.90.525 (1)(b)
- Six items, all of them, in every budget. The list is statutory and the declaration cannot shorten it. RCW 64.90.525 (2)
- Income is budgeted by category, not as one line. RCW 64.90.525 (2)(a)
- Expenses are budgeted by category, not as one line. RCW 64.90.525 (2)(b)
- Your HOA must prepare a financial statement at least once a year using accrual accounting (recognizing income and expenses when they are earned or owed, not just when cash moves). RCW 64.90.530 (1)
- If your HOA collects $100,000 or more in annual assessments, the financials must be audited every year by a CPA. Smaller HOAs still require an audit, but a majority of non-developer owners can waive it. The $100,000 line moves with inflation under RCW 64.90.065. RCW 64.90.530 (2)
- Your HOA's money must be held in accounts in the HOA's own name at a real bank or credit union — not mixed with another HOA's funds, not in a property manager's account, not in a personal trust account. RCW 64.90.530 (3)
- If a property manager receives HOA funds (dues, fees, etc.), they must deposit the money into the HOA's own account right away — they cannot hold it in their own account. RCW 64.90.530 (4)
- Assessments past due over 30 days for any unit (current within 45 days) RCW 64.90.640 (c)
- Association monetary obligations past due over 30 days (current within 45 days) RCW 64.90.640 (d)
- Annual financial statement including the most recent financial audit report available (wording amended by 2026 c 194, effective June 11, 2026 — previously the prior-year audit report if prepared) RCW 64.90.640 (h)
- Most recent balance sheet and revenue/expense statement RCW 64.90.640 (i)
- Current operating budget RCW 64.90.640 (j)
- Cooperative accountant statement on tax deductibility RCW 64.90.640 (r)
Assessment (9)
- The condominium board has statutory authority to set budgets and levy assessments against owners to fund operations — owner consent to the levy itself is not required, though ratification of the budget that drives the levy is required under RCW 64.34.308(4). RCW 64.34.304 (1)(b)
- Monthly common expense assessment, unpaid assessments, and special assessments RCW 64.34.425 (b)
- Other fees payable by unit owners RCW 64.34.425 (e)
- Your HOA must offer at least one way to pay assessments without being charged a processing fee by the payment company. RCW 64.90.480 (10)
- Your HOA assessments are divided among units based on the allocation method specified in the declaration. RCW 64.90.480 (3)
- The budget carries the per-unit figure and the due date on its face. An owner should not have to read a separate schedule to learn either. RCW 64.90.525 (2)(c)
- A special assessment goes through the same steps as a budget. The board proposes it, the owners get it, a meeting is set 14 to 50 days out, and it takes effect unless owners holding a majority of the votes reject it. The board may spread it over installments and may discount paying early. RCW 64.90.525 (3)
- Current assessments, delinquent amounts, and special assessments RCW 64.90.640 (b)
- Other fees payable to the association by unit owners RCW 64.90.640 (e)
Reserves (21)
- The Condominium Act doesn't require a reserve account, but boards are encouraged to set one up — held in the association's name — to fund replacement of common elements over a thirty-year horizon. The board administers it; owners do not. RCW 64.34.380 (1)
- Condominiums with significant common-area assets must commission a professional reserve study with an on-site visual inspection — desk reviews alone do not satisfy the initial study requirement. RCW 64.34.380 (2)
- The board must refresh the reserve study every year (paper update is acceptable), and at least once every three years the update must be grounded in a fresh on-site visual inspection by a credentialed professional. RCW 64.34.380 (3)
- Anticipated repair or replacement costs exceeding 5% of annual budget, approved by the board RCW 64.34.425 (f)
- Amount of reserves and designation for specified projects RCW 64.34.425 (g)
- Disclosure if association has no current reserve study RCW 64.34.425 (t)
- Budget materials must transparently show how much is going into reserves now, whether that funding will be sufficient over 30 years, and any future assessment increases already being anticipated by the board. RCW 64.38.025 (4)
- The reserve contribution is a named line in the budget, drawn from regular assessments. RCW 64.90.525 (2)(d)
- Two answers. Whether there is a reserve study meeting RCW 64.90.550, and by how much this budget departs from what it recommends. Having no study is an answer the budget must give. RCW 64.90.525 (2)(e)
- The reserve gap is stated per unit, which is the figure an owner and a buyer can use. RCW 64.90.525 (2)(f)
- Your HOA must commission a professional reserve study at least every 3 years. The study identifies what needs future replacement and how much money should be saved for it. RCW 64.90.545 (1)
- For every major component, the study must show what it would cost to replace today. The 1%-of-budget threshold filters out trivial items so the study focuses on the large-dollar future obligations. RCW 64.90.550 (2)(a)
- The reserve study must identify every major component the HOA must eventually replace — roof, siding, paving, HVAC, elevator, plumbing, paint, fencing — and state how long each one was designed to last and how much remaining life it has now. RCW 64.90.550 (2)(a)
- The "percent funded" number is the single most important reserve metric — it tells you how much of the theoretical fully-funded balance the HOA actually has on hand today. Below 30% is generally considered weak; above 70% is strong. RCW 64.90.550 (2)(e)
- The study must run two 30-year financial projections — one that funds reserves to 100% of theoretical full funding, and one that funds at a baseline level enough to meet cash needs when components actually fail. The board can choose either path; the projection makes both options visible. RCW 64.90.550 (2)(j)
- The deficit-per-unit number is what each owner's share would be if the HOA needed to make up the reserve gap today. Buyers and lenders look at this number to gauge future special-assessment risk. RCW 64.90.550 (2)(l)
- Every reserve study must carry a built-in disclosure: this study is the best estimate but not a guarantee, and components could fail earlier than predicted, requiring special assessments or HOA borrowing. The warning prevents over-reliance on the study by buyers, lenders, and board members. RCW 64.90.550 (3)
- If more than three years have gone by since a professional prepared the last reserve study, owners controlling twenty percent of the votes can send the board a written demand to put the study in next year's budget. The demand has to cite this section. The board must then include the cost in the next budget, and unless owners reject that budget, arrange for the study. RCW 64.90.555 (1)
- Expenditures or anticipated repairs exceeding 5% of annual budget, approved by the board RCW 64.90.640 (f)
- Whether association has reserve study per RCW 64.90.545 and 64.90.550 RCW 64.90.640 (g)
- Disclosure if association has no current reserve study RCW 64.90.640 (y)
Disclosure (15)
- Form 17 asks about every major property system, title and easement issues, any governing HOA, and environmental conditions the seller knows about. The HOA section is where the seller flags the existence of an association and the buyer's right to a resale certificate. RCW 64.06.020 (1)
- After receiving the seller's Form 17, the buyer has a 3-business-day window to cancel the purchase contract without penalty, simply by delivering a written rescission. This is the statutory cooling-off period tied to the disclosure. RCW 64.06.020 (1)
- In every Washington residential resale, the seller must deliver the statutory Form 17 disclosure statement to the buyer within 5 business days of the parties reaching mutual acceptance on the purchase contract. Waiver requires the buyer's express written consent. RCW 64.06.020 (1)
- Form 17 reflects only what the seller actually knows — not what the seller should have discovered. It is a disclosure of facts known, not a guarantee, and signing it does not convert the seller's statements into contract warranties. RCW 64.06.020 (3)
- Number of units owned by the declarant and date of transfer of control RCW 64.34.425 (n)
- Remaining term of any leasehold estate and renewal/extension provisions RCW 64.34.425 (p)
- Qualified warranty coverage and claims history (RCW 64.35.210) RCW 64.34.425 (r)
- Electric vehicle charging station requirements and associated costs RCW 64.34.425 (s)
- Number of units owned by the declarant and date of transfer of control RCW 64.90.640 (n)
- Remaining term of leasehold estate and extension/renewal provisions RCW 64.90.640 (p)
- Declaration restrictions on sale proceeds RCW 64.90.640 (q)
- Pending sale or encumbrance of common elements RCW 64.90.640 (s)
- Qualified warranty coverage and claims history (chapter 64.35 RCW) RCW 64.90.640 (v)
- Electric vehicle charging station requirements and associated costs RCW 64.90.640 (x)
- Conspicuous notice regarding community membership obligations and financial risks RCW 64.90.640 (z)
Records (2)
- Your HOA must keep financial records, meeting minutes, and governing documents for a set number of years. RCW 64.90.495 (1)
- As an owner, you have the right to review and copy your HOA's records at reasonable times. RCW 64.90.495 (2)(a)
Elections (4)
- At an owner meeting, the default quorum is 20 percent of voting interests unless the bylaws or declaration set a different threshold. Proxy holders, remote participants, and absentee voters all count. RCW 64.90.450 (1)
- For board meetings, a quorum requires that a majority of board voting power be present at the moment a vote is taken. Bylaws may require more. RCW 64.90.450 (2)
- For owner meetings, 20 percent of ownership interests must be represented (in person or by proxy) unless your governing documents set a different threshold. RCW 64.90.455 (2)
- Board elections, removal votes, and governing document amendments must use secret ballots. Sitting directors and candidates cannot count the ballots. RCW 64.90.455 (9)
Enforcement (29)
- Legal claims based on written contracts must be filed within 6 years. This includes HOA assessment liens, which courts treat as written contract obligations. RCW 4.16.040 (1)
- An owner alleging discriminatory enforcement of HOA rules can file with the WA Human Rights Commission OR sue directly in court — they don't have to pick one. Both can result in damages, injunctions, and attorney-fee awards against the HOA. RCW 49.60 (chapter)
- Washington protects more classes from housing discrimination than federal law does. An HOA rule that would be permissible under the federal Fair Housing Act could still violate WLAD — for example, rules treating same-sex couples differently, or restricting service animals beyond what state law allows. RCW 49.60 (chapter)
- If your HOA tries to foreclose on your home for unpaid dues, you can request foreclosure mediation to negotiate alternatives. RCW 61.24.163 (1)
- Mediation between a struggling homeowner and a foreclosing lienholder (including an HOA pursuing an assessment lien foreclosure under SB 5686) is funded by a dedicated state account paid for by mortgage origination fees — not by general tax dollars. RCW 61.24.172 (1)
- Half the account funds free housing counselors who help struggling homeowners navigate foreclosure alternatives — including HOA assessment lien mediation under the expanded SB 5686 program. RCW 61.24.172 (3)
- The other third of account funds the foreclosure prevention hotline, AG consumer-protection enforcement (catching predatory practices), the agency administering the program, and outreach to inform homeowners they have the right to mediation. RCW 61.24.172 (3)
- Roughly one-sixth of the account pays for free legal aid lawyers to represent homeowners in foreclosure — a critical access-to-justice provision for owners facing HOA assessment lien foreclosure. RCW 61.24.172 (3)
- The association can sue or defend lawsuits in its own name when two or more owners are affected — for example, construction defect claims against a developer, or challenging a city zoning action affecting the whole community. RCW 64.34.304 (1)(d)
- Before fining an owner, the board must (1) have adopted and distributed a written fine schedule, and (2) give the owner written notice and an opportunity to be heard. Fines imposed without a schedule or without a hearing are unenforceable. RCW 64.34.304 (1)(k)
- Late fees are permitted but must be authorized by the declaration or bylaws — the board cannot invent a late fee without that authority. Once authorized, the board may set the amount and add the charge to delinquent accounts. RCW 64.34.304 (1)(k)
- Condominiums formed under the old Condominium Act (pre-2018) have the same lien rights for unpaid assessments. RCW 64.34.364 (1)
- Before taking action on unpaid dues, the condo association must send you a delinquency notice, then wait at least 30 days and send a second notice. RCW 64.34.364 (17)
- Declaration violations in the unit or limited common elements assigned thereto RCW 64.34.425 (m)
- Health or building code violations affecting the unit or condominium RCW 64.34.425 (o)
- Before taking action on unpaid dues, the HOA must send a delinquency notice, then wait and send a second notice. RCW 64.38.100 (1)
- HOAs formed under the old HOA Act (pre-2018) have the same lien rights for unpaid assessments as those under WUCIOA. RCW 64.38.100 (2)
- If you fall behind on HOA assessments, the association automatically has a lien on your unit from the date payment was due. RCW 64.90.485 (1)
- Your HOA can charge late fees on unpaid assessments only if the governing documents allow it and the amount is reasonable. RCW 64.90.485 (18)
- Your HOA cannot foreclose on your home for unpaid dues unless you owe at least 3 months of assessments or $2,000 in unpaid amounts. RCW 64.90.485 (22)(a)
- Before your HOA can foreclose, they must meet with you to discuss alternatives. This mandatory mediation was expanded by SB 5686. RCW 64.90.485 (22)(d)
- The HOA has 6 years to enforce an assessment lien. After that, the lien becomes unenforceable under the statute of limitations. RCW 64.90.485 (9)
- If a court enters a money judgment against your HOA, that judgment becomes a lien on each unit in proportion to its share of common expenses, not a lien on the common elements themselves. RCW 64.90.490 (1)(a)
- As a unit owner you can pay your unit's share of a judgment against the HOA and have your unit released from the lien, even if the association as a whole has not yet satisfied the full judgment. RCW 64.90.490 (1)(c)
- Any unit owner can sue to enforce the reserve study, reserve account, and disclosure requirements. The court can order the association to actually do it and can award fees and costs to whichever side wins. RCW 64.90.555 (2)
- An owner cannot stop paying assessments because the association skipped its reserve study, and a budget the owners already ratified stays valid even if the reserve requirements were missed. RCW 64.90.555 (3)
- Boards, officers, the association itself, and anyone who advised them cannot be made to pay damages for skipping a reserve account, a reserve study, or a reserve disclosure. The only money that can change hands is an award of attorneys' fees and costs under RCW 64.90.555(2). RCW 64.90.560
- Notice of violations in seller unit or limited common elements RCW 64.90.640 (m)
- Environmental, health, or building code violations RCW 64.90.640 (o)
Insurance (2)
- Insurance coverage description provided to unit owners RCW 64.34.425 (l)
- Insurance coverage description and broker/agent contact information RCW 64.90.640 (l)
Compliance (7)
- The reserve-study regime covers residential condominiums formed under either the Horizontal Property Regimes Act (RCW 64.32) or the Condominium Act (RCW 64.34). Purely commercial condominiums are exempt, and a condominium's declaration or bylaws may impose stricter standards than the statute. RCW 64.34.380 (4)
- Unsatisfied judgments against the association and status of pending litigation RCW 64.34.425 (k)
- Condo buyers in Washington get a ten-year warranty against structural and load-bearing defects. After the warranty period, no Washington statute requires anyone to examine the building's structure again. RCW 64.35.315
- Before a multiunit residential building can be built in Washington, its enclosure design — walls, windows, waterproofing — must be documented and filed with the building department. RCW 64.55 (64.55.020)
- A qualified inspector must examine the building's enclosure while it is being built — not after. RCW 64.55 (64.55.030)
- The developer cannot sell a single unit until the building's enclosure has passed inspection. RCW 64.55 (64.55.090)
- Unsatisfied judgments against the association and status of pending actions RCW 64.90.640 (k)
Sourced from CommunityPay's living legal corpus. Each requirement traces to a primary statute snapshot verified by a subject-matter expert.
Topic Coverage
Assessment Collection
17
Foreclosure and Liens
7
Enforcement and Fines
6
Reserve Requirements
6
Elections and Voting
5
Fiduciary Duty
4
Architectural Review
3
Resale Disclosure
3
Common Element Modification
2
Dispute Resolution
2
Governance Documents
2
Insurance Requirements
2
Meetings and Notice
2
Structural Integrity
2
Amendment Procedures
1
Records Access and Inspection
1
Each chip links to the Washington statutes addressing that topic. Counts reflect distinct statute assignments.
Applicable Statutes
All Washington authorities →
Chapter 18.27 RCW is the Washington Contractor Registration Act. It requires contractors operating in Washington to register with the Department of Labor & Industries, carry a bond and liability insurance, and meet ongoing compliance obligations. Failure to register is a criminal offense and exposes the contractor to civil enforcement.
Washington Cooperative Association Act
Washington's cooperative corporation statute. Covers formation, membership, governance, member rights, capital structure, mergers, and dissolution of cooperative associations. Relevant to housing cooperatives in Washington — a small but distinct subset of community associations where residents own shares in a corporation that holds title to the property, rather than individual unit titles as in condominiums. Housing cooperatives may also fall under WUCIOA (RCW 64.90) for some operational matters after January 1, 2028.
Actions limited to six years — Written contracts
Washington's 6-year statute of limitations on actions upon written contracts. Interpreted by Kiona Park Estates v. Dehls (2021) to apply to HOA assessment lien enforcement under legacy RCW 64.38 communities.
Washington Law Against Discrimination (WLAD)
Washington's state anti-discrimination statute, broader than the federal Fair Housing Act. Prohibits discrimination in housing, employment, and public accommodations on a broader range of protected bases than federal law, including sexual orientation, gender identity, veteran or military status, marital status, and HIV/AIDS status. Enforced by the Washington State Human Rights Commission with a private right of action in superior court.
Foreclosure mediation program
Washington Foreclosure Mediation Program requirements. SB 5686 expanded this program to cover HOA assessment lien foreclosures.
Foreclosure Fairness Account
Establishes the state account funded by residential mortgage loan origination fees that supports Washington's foreclosure mediation program. Distribution: 50% housing counseling, 16.5% civil legal aid, 15% hotline, 10% Dept. of Commerce, 8% AG enforcement, 0.5% outreach.
Improved residential real property — Seller's duty — Format of disclosure statement
Washington's general seller-disclosure statute for residential property transfers. Requires the seller to deliver a completed Form 17 disclosure statement (covering title, water/sewer, structural, systems and fixtures, HOA information, and environmental concerns) to the buyer within five business days of mutual contract acceptance. Distinct from the HOA resale certificate (RCW 64.90.640 / 64.34.425) but typically delivered alongside it.
Horizontal Property Regimes Act
Washington's original condominium statute, enacted in 1963 and modeled on the early federal "Section 234" condominium framework. Governs apartment-style condominiums (horizontal property regimes) formed before July 1, 1990. Establishes the basic condominium concept — separately owned units plus undivided interests in common elements — and the recording requirements for a declaration. Being fully superseded by WUCIOA (RCW 64.90) on January 1, 2028 under ESSB 5796.
Washington Condominium Act
The Washington Condominium Act, enacted in 1990, governs condominiums whose declarations were recorded between July 1, 1990 and July 1, 2018. Based on the Uniform Condominium Act, it modernized Washington's condominium law by introducing standardized governance, lien priority, resale certificate requirements, and developer turnover provisions. Being fully superseded by WUCIOA (RCW 64.90) on January 1, 2028 under ESSB 5796.
Unit owners' association — Powers
Enumerates the powers of a Washington condominium unit owners' association under the Condominium Act. Includes the power to adopt budgets, levy assessments, employ managers, regulate use of common elements, impose fines for governing-document violations, and act on behalf of unit owners in matters affecting the common interest community. Effective until January 1, 2028, when WUCIOA supersedes the Condominium Act.
Board of directors and officers
Governs the powers and duties of condominium boards of directors under the Washington Condominium Act. Authorizes the board to act on behalf of the association, but reserves certain actions — amending the declaration, terminating the condominium, electing board members — for owner approval. Requires the board to present an annual budget summary, conduct a ratification meeting, and disclose reserve account funding and projected balances. Covers declarant control termination thresholds and the procedure for owners to remove board members by two-thirds vote. Effective until January 1, 2028, when WUCIOA (RCW 64.90) supersedes the Condominium Act.
Lien for assessments — Notice of delinquency — Second notice
Washington Condominium Act assessment lien and delinquency notice provisions. Parallel to RCW 64.90.485 for condos formed under the older statute.
Reserve account — Reserve study — Annual update
Washington Condominium Act reserve study and reserve account provisions. Encourages a reserve account funded for thirty-year major maintenance, repair, and replacement of common and limited common elements. Requires an associations with significant assets to prepare and annually update a reserve study based on a visual site inspection by a reserve study professional, with a full inspection-based update at least every three years. Applies to condominiums governed by RCW 64.32 or 64.34 that are intended in whole or in part for residential purposes. Effective until January 1, 2028, when WUCIOA (RCW 64.90.545) fully supersedes the Condominium Act under ESSB 5796.
Resale of unit
Washington Condominium Act resale certificate requirement. Enumerates 20 paragraph-level disclosure items (a)–(t) that must appear in a condominium resale certificate, including assessment balances, reserve study status, insurance coverage, pending litigation, code violations, alienability restraints, declarant units, EV charging provisions, and warranty coverage. Requires delivery within 10 days after a unit owner's request; subsection (2) does not qualify the request as written. Explicitly labeled "effective until January 1, 2028" in the statute header — superseded entirely by RCW 64.90.640 on that date under ESSB 5796 ("WUCIOA for All"). Fee structure under subsection (2) — $275 preparation cap plus an uncapped "nominal fee" for updates within six months (unlike WUCIOA, no $100 update cap exists in this statute). Buyer protection under subsection (3) — the contract is voidable until the certificate is provided and for five days thereafter, or until conveyance, whichever occurs first.
Ten-Year Structural Defects Warranty
Establishes a minimum ten-year warranty for structural defects in residential condominiums — any defect in materials and labor that results in the failure of a load-bearing part, and any defect causing structural damage that materially and adversely affects residential use. Enacted 2004 as part of Washington's condominium warranty framework. A construction-era protection — the warranty runs from the building's first decade, and no Washington statute requires structural inspection of a standing building after it expires.
Homeowners' Associations Act
Washington's Homeowners' Associations Act, enacted in 1995, governs planned-community HOAs whose declarations were recorded before July 1, 2018. Establishes the foundational framework for Washington HOAs — board governance, budget ratification, assessment liens, and meeting/notice rules — distinct from the condominium regimes under RCW 64.32 and 64.34. Being fully superseded by WUCIOA (RCW 64.90) on January 1, 2028 under ESSB 5796.
Board of directors — Standard of care — Restrictions — Budget — Removal from board
Sets the fiduciary standard of care for HOA board members under the Washington Homeowners' Association Act, restricts certain board actions, defines the budget adoption and ratification process, and establishes the procedure for owners to remove board members. Effective until January 1, 2028, when WUCIOA supersedes the HOA Act.
RCW 64.38.065 (effective until January 1, 2028) encourages — but does not require — a homeowners association governed by chapter 64.38 RCW to establish a reserve account with a financial institution to fund major maintenance, repair, and replacement of common elements within thirty years. The section sunsets on January 1, 2028, when WUCIOA reserve provisions take over.
Liens for unpaid assessments — Notice of delinquency — Second notice
Washington HOA Act assessment lien and delinquency notice provisions. Parallel to RCW 64.90.485 for HOAs formed under the older statute.
Construction Defect Disputes — Multiunit Residential Buildings (Building Enclosure Requirements)
Washington's building-enclosure regime for multiunit residential buildings, enacted in 2005 after the leaky-condo era. Requires building enclosure design documents before construction (RCW 64.55.020), inspection of the enclosure by a qualified inspector during the course of construction (RCW 64.55.030), and an enclosure inspection before a declarant may convey a condominium unit (RCW 64.55.090). Applies to multiunit residential buildings with permits issued on or after August 1, 2005. Every requirement attaches at construction or first sale — the chapter imposes no inspection obligation on standing buildings.
Washington Uniform Common Interest Ownership Act (WUCIOA)
The Washington Uniform Common Interest Ownership Act (WUCIOA). Enacted in 2018 (Chapter 277, Laws of 2018), WUCIOA replaces the patchwork of pre-existing condominium and HOA regimes (RCW 64.32, 64.34, 64.38) with a single unified statute based on the Uniform Common Interest Ownership Act. Initially governed only communities with declarations recorded on or after July 1, 2018; ESSB 5796 (2024) extends WUCIOA to every Washington common interest community by January 1, 2028, regardless of formation date. SB 5129 (2025) accelerates several key provisions to January 1, 2026.
Adjustment of dollar amounts
WUCIOA's inflation adjuster. The dollar amounts in RCW 64.90.360(4) (plat and miscellaneous community exemption), RCW 64.90.530(2) (the $100,000 audit trigger), and RCW 64.90.640(2) (resale certificate fees), and any amount a declaration states under 64.90.360(4) or 64.90.640(2), change on July 1 of a year in which the CPI for urban wage earners and clerical workers (1967 = 100; December 1979 index of 230 as the reference base) has moved 10 percent or more against the base, in multiples of 10 percent of the amount printed in the chapter on July 1, 2018, and never below that amount. Amended by 2024 c 321 §302 and 2026 c 96 §7. The state publishes no adjusted schedule; the corpus carries the statutory face amounts and cites this section from each threshold it governs.
RCW 64.90.365 extends nine specified WUCIOA sections — including the reserve-study requirement at RCW 64.90.545, the executive-board rules at RCW 64.90.445, and the meeting and voting rules at RCW 64.90.405(1)(b) and (c) — to common interest communities created in Washington before July 1, 2018, effective January 1, 2026. Enacted by ESSB 5129 (Chapter 119, Laws of 2025). Existing declaration and bylaw provisions remain in force except for those expressly superseded by RCW 64.90.370 and RCW 64.90.525 in plat and miscellaneous communities previously governed by chapter 64.38 RCW.
Election of preexisting common interest communities, plat communities, miscellaneous communities
RCW 64.90.370 lets a common interest community created before July 1, 2018, or a plat or miscellaneous community, amend its declaration to opt into specified WUCIOA sections or to fully adopt chapter 64.90 RCW. The section governs the voting and procedural requirements for that election.
Board members, officers, and committees
Governs the composition, duties, and authority of an association's board of directors, officers, and committees under WUCIOA. Covers election procedures, qualifications, terms, removal, and the standard of care applicable to board members acting in their fiduciary capacity.
Board Meetings — Notice and Conduct
Requires 14-day advance notice for board meetings, open meeting access for owners, remote participation, and limits on executive sessions.
Quorum
WUCIOA default quorum requirements for unit owner meetings (20 percent of votes) and board meetings (majority of voting power) when organizational documents are silent. Last amended by ESSB 5796 (2024 c 321 s 206).
Unit owner voting
WUCIOA provision governing voting procedures, ballots, and quorum requirements for common interest communities. Includes secret ballot requirements for director elections, removal votes, and governing document amendments, with incumbent/candidate exclusion from counting.
Insurance
RCW 64.90.470 sets the insurance requirements for a unit owners association under WUCIOA. The association must maintain property insurance on the common elements and commercial general liability insurance for occurrences arising out of ownership, existence, use, or management of the common elements.
Assessments and capital contributions
WUCIOA provisions governing assessment timing, allocation methods, working capital contributions, special assessments for negligence damage, and the fee-free payment method requirement.
Liens — Enforcement — Notice of delinquency — Second notice
Governs assessment liens, late fees, and the collection process including foreclosure rights for unpaid assessments.
Other liens
Governs liens against the association other than assessment liens, including money judgments against the association and security interests in common elements. Allocates a judgment against the association as a lien on each unit in proportion to the unit's common expense liability, and provides procedures for a unit owner to pay and release the portion of the lien attributable to the unit.
Association records
Requires associations to maintain records for specified periods and make them available to owners upon request.
Electric vehicle charging stations
WUCIOA provision on electric vehicle charging station installations. Restricts associations from unreasonably prohibiting or regulating EV charging stations, with special exemptions for single-family homes, site condominiums, and planned use developments where units are not immediately adjacent.
Budgets — Assessments — Special assessments
WUCIOA provision establishing the budget ratification procedure. Requires boards to distribute proposed budgets to owners within 30 days of adoption, schedule a ratification meeting within 14-50 days, and treat the budget as ratified unless rejected by majority vote.
Financial statements — Association funds
Requires associations to prepare annual financial statements on an accrual basis, mandates audits for associations with annual assessments of $100,000 or more (waivable for associations below that figure by majority of non-declarant owners), and requires association funds to be held in the association's name with a qualified financial institution and segregated from other associations' funds and from any managing agent's funds. The $100,000 figure was set by 2026 c 96 §6 (it read $50,000 before) and is adjusted for inflation under RCW 64.90.065. WUCIOA does not impose a statutory deadline for distributing the statement to owners — that comes from declaration/bylaws if at all.
Reserve study
Requires associations to conduct reserve studies identifying major components and estimated replacement costs.
Reserve study — Contents
Specifies the required contents of a WUCIOA reserve study. The study must identify each major reserve component, state its estimated remaining useful life and replacement cost, and recommend a funding plan. Used alongside RCW 64.90.545 (which sets the reserve study cadence) to define the statutory reserve-study regime under WUCIOA.
Reserve study—Demand—Enforcement
Owner demand and enforcement provisions for the WUCIOA reserve obligations. Unit owners holding at least twenty percent of the votes may demand that the cost of a reserve study be placed in the next annual budget when more than three years have passed since the last study prepared by a reserve study professional. One or more unit owners may bring an action to enforce RCW 64.90.545, RCW 64.90.550, and this section, in which a court may order specific performance and award reasonable fees and costs to the prevailing party. Non-compliance neither excuses a unit owner's duty to pay assessments nor invalidates a ratified budget. Read together with RCW 64.90.560, which bars monetary damages for the same failures.
Reserve account—Reserve study—Reserve disclosure—Liability
Liability shield for the WUCIOA reserve obligations. Monetary damages and other liability may not be imposed on the association, its officers or board members, or on any person who provided advice or assistance to them, for failing to establish or replenish a reserve account, to have a current reserve study prepared or updated, or to make reserve disclosures. The single exception is an award of attorneys' fees and costs under RCW 64.90.555(2). The duty in RCW 64.90.545 is therefore enforceable by specific performance and fee-shifting but not by a damages award.
Heat pumps
WUCIOA provision establishing owner rights to install heat pumps. Associations may not prohibit or unreasonably restrict the installation of heat pumps, though reasonable safety and architectural standards remain permitted. Modeled on the EV charging station framework in RCW 64.90.513 and reflective of Washington's broader climate policy mandates phasing out gas appliances.
Applicability — Waiver
RCW 64.90.600 sets the scope of the WUCIOA resale certificate and disclosure sections (RCW 64.90.605 through 64.90.695). The subchapter applies to all units subject to WUCIOA except for enumerated conveyances such as gifts, court orders, foreclosures, and conveyances by a government entity.
Unit resales — Resale certificate
WUCIOA resale certificate requirement — the primary statute governing resale disclosures for condominium, HOA, and planned-community unit sales in Washington, as amended by ESHB 1500 (Chapter 194, Laws of 2026), effective June 11, 2026. Enumerates 26 required disclosure items and requires the certificate to state "NONE" or "RECORDS UNAVAILABLE" for each category of records not provided. Caps the preparation fee at $275 covering the direct costs of copying and providing the information (no additional charge for documents maintained in electronic form available to unit owners) and allows a nominal update fee not to exceed $100 within six months of the owner's previous request (subsection (2)(b)). Requires delivery within 10 days of a request (subsection (2)(a)) and establishes a statutory five-business-day buyer cancellation right after first receipt (subsection (3)(b); five plain days before June 11, 2026) — subject to the certificate-unavailability waiver under RCW 64.90.600(4). New subsection (2)(c) prohibits the association from requiring a unit owner to contract with or establish an account with a third party to pay for or accept delivery of the certificate; new subsection (4) makes authorized agents charging a fee responsible for timeliness and reasonable care, enforceable by the owner with attorney fees. Applies in full to common interest communities formed on or after July 1, 2018. Per RCW 64.90.360 and RCW 64.90.365, pre-July 2018 communities transition to full WUCIOA coverage by January 1, 2028; RCW 64.90.640 is not among the sections accelerated to pre-2018 communities on January 1, 2026 by RCW 64.90.365. ESSB 5796 (2024) extends WUCIOA to every Washington common interest community by January 1, 2028.
Implied warranties of quality — Exclusion or modification
Governs when a condominium declarant may exclude or modify WUCIOA's implied warranties of quality. For small buildings (12 or fewer units and four or fewer stories since HB 2304, 2026 c 7, effective June 11, 2026 — previously two or fewer stories), the declarant may substitute an insurance-backed express warranty of quality in place of the implied warranties.
Source: Washington state legislature. Statutes verified by CommunityPay.
Recent Legal Changes (Last 12 Months)
View full change feed →
May 20, 2026
WA RCW 64.90.600(2) replaced three exemptions with four new ones; (3) narrowed resale-certificate requirements to condominiums only; (4) substituted purchaser waiver requirement with unavailability standard including ten-day delivery deadline and five-year enforcement inactivity.
RCW 64.90.600
· Statute amended
May 20, 2026
RCW 64.90.470 fundamentally restructured: property insurance threshold lowered from full replacement cost to 80 percent of actual cash value; liability insurance reference changed from 'governing documents' to 'declaration'; fidelity insurance and unit-owner subrogation waivers added; new detailed provisions for insurance proceeds, rebuilding obligations, and unit reallocation added in subsections (4)–(11).
RCW 64.90.470
· Statute amended
May 20, 2026
RCW 64.90.370(3) replaced voting threshold from 67 percent of all allocated votes with 30 percent quorum and 67 percent of participating votes, and added new board-proposal and notice-meeting procedures.
RCW 64.90.370
· Statute amended
Jun 11, 2026
ESHB 1500 (Chapter 194, Laws of 2026), effective June 11, 2026, amended RCW 64.90.640: the buyer cancellation window in (3)(b) now runs in five BUSINESS days (previously five plain days); the $275 preparation-fee cap in (2)(b) now covers only the direct costs of copying and providing the information and may not include charges for documents maintained in electronic form available to unit owners; item (h) now requires the most recent financial audit report available; item (u) adds all currently-effective board policies/procedures/resolutions and the full most current reserve study; the certificate must state NONE or RECORDS UNAVAILABLE for each category not provided; new (2)(c) prohibits requiring a unit owner to contract with or establish an account with a third party to pay for or accept delivery of the certificate; new (3)(a)(ii) shields purchasers from unidentified alteration violations; new (4) makes fee-charging authorized agents responsible for timeliness and reasonable care, enforceable with attorney fees. Subsections renumbered: delivery duty is now (2)(a), fee caps (2)(b).
RCW 64.90.640
· Statute amended
Drift detection: when a statute's text changes, dependent content is automatically flagged for review and re-verification. See all Washington changes →
Pending & Recent Washington HOA Legislation
Last action: Mar 24, 2026
Last action: May 7, 2025
Last action: Mar 18, 2026
Last action: Mar 12, 2026
Last action: Apr 22, 2025
Last action: Mar 23, 2026
Last action: Mar 12, 2026
Last action: Mar 12, 2026
Last action: Feb 19, 2026
23 HOA-relevant bills tracked for Washington · refreshed Oct 3, 2026 · Source: LegiScan
Case Law Interpreting These Statutes
RCW 4.16.040's 6-year statute of limitations on written contracts applies to HOA assessment lien enforcement under legacy RCW 64.38. A recorded declaration is a written contract between the association and each unit owner, and each missed assessment creates a separate contractual obligation under that contract. …
Condominium association board members owe fiduciary duties to unit owners when managing common finances. The board's duty of care requires reasonable investigation before approving special assessments and major expenditures. Failure to exercise independent judgment may expose individual directors to personal liability.
Restrictive covenants in CC&Rs run with the land and are enforceable by the HOA against subsequent purchasers. Covenant enforcement must be consistent — selective or arbitrary enforcement may constitute waiver. Courts apply a reasonableness standard when evaluating whether an HOA's enforcement action is proper.
The Washington Supreme Court established standards for condominium association insurance obligations and common element maintenance responsibilities under the Condominium Act. Associations must maintain insurance coverage adequate to protect the common elements and unit owners' interests as required by the declaration and statute.
The Washington Supreme Court addressed the scope of condominium association authority to levy special assessments and collect delinquent amounts. Associations must follow the procedures specified in the declaration and the Condominium Act for levying assessments. Notice requirements are strictly enforced.
The Washington Supreme Court held that HOA assessment liens created under CC&Rs are equitable liens that attach to the property and have priority established by the recording date of the declaration. The lien runs with the land and is enforceable against subsequent purchasers. This case …
Frequently Asked Questions — Washington HOA Law
How much can a Washington HOA charge for a resale certificate?
Under RCW 64.90.640, a Washington homeowners association may charge no more than $275 for preparing a resale certificate (the disclosure packet required when a unit is sold). Charges in excess of the statutory cap are not collectible from the seller or buyer.
Source: RCW 64.90.640
How long does a Washington HOA have to deliver a resale certificate?
Under RCW 64.90.640, a Washington association must deliver the resale certificate within 10 calendar days of a written request from the unit owner, prospective purchaser, or their representative. Missing the deadline carries statutory consequences — including, in many states, release of the buyer from any unpaid amounts the seller owed at the time of the request.
Source: RCW 64.90.640
What are the rules for HOA late fees in Washington?
Under RCW 64.90.485, the maximum late fee is $50 or 5% of the unpaid assessment amount (whichever is less). A late fee charged outside these limits is not collectible against the unit owner.
Source: RCW 64.90.485
How much advance notice must a Washington HOA give for meetings?
Under RCW 64.90.445, a Washington association must give unit owners at least 14 days advance notice of meetings. The notice must specify the date, time, place, and agenda items to be considered. Actions taken at a meeting that violates the notice requirement may be voidable on owner challenge.
Source: RCW 64.90.445
What is the default quorum for Washington HOA owner meetings?
Under RCW 64.90.450, the default quorum at a Washington unit-owner meeting is 20% of the voting interests, measured at the start of the meeting. The bylaws or declaration may set a higher percentage but generally may not go below the statutory floor. Quorum may be satisfied in person or by proxy.
Source: RCW 64.90.450
How often must a Washington HOA conduct a reserve study?
Under RCW 64.90.545, Washington associations are required to update the reserve study annually, with the update prepared by a reserve study professional based on a visual site inspection at least every third year to identify the remaining useful life and replacement cost of major common-element components and to recommend a reserve funding plan. The study supports the annual reserve disclosure to owners and the reserve summary required in the resale certificate.
Source: RCW 64.90.545
Do owners have a right to inspect Washington HOA records?
Yes. Under RCW 64.90.495, records must be made available within 10 days of a written request and financial records must be retained for at least 7 years. The association may charge reasonable copying fees but may not impose access or retrieval fees designed to discourage inspection. Limited categories (attorney-client privileged material, executive-session records, owner-privacy data) may be withheld.
Source: RCW 64.90.495
Does a Washington HOA assessment lien have priority over a first mortgage?
Yes — Washington is a 'super-priority' state. Under RCW 64.90.485, the association's lien for 6 months of unpaid assessments takes priority over a first-recorded mortgage. When the HOA forecloses, the first mortgage lender must either pay the 6 months of super-priority assessments or risk losing its lien — a significant collection tool for the association.
Source: RCW 64.90.485
What is HB 2304 and how does it affect Washington HOAs?
HB 2304 (2026 c 7) — "Increasing the supply of condominiums by expanding the types of condominium buildings that may be subject to an express warranty of quality and express warranty insurance coverage" — was signed on March 9, 2026 and took effect on June 11, 2026. Widens the implied-warranty opt-out in RCW 64.90.675: a declarant of a small condominium building may substitute an insurance-backed express warranty (1-year workmanship and materials, 2-year plumbing/electrical/ductwork, 10-year structural to load-bearing members) for the implied warranties of quality. Eligibility expanded from buildings of 12 or fewer units and two or fewer stories to four or fewer stories. Passed the House 94-0 and the Senate 47-0; signed March 9, 2026.
Source: HB 2304 · 2026 c 7
Answers derived from the Washington legal corpus. Every numeric value (fee caps, deadlines, percentages) is pulled from a primary-source statutory threshold record verified by CommunityPay.
Washington HOA Fee Benchmark
$298
Avg Median Monthly Fee
$177 – $495
County Range
124799
Units Paying HOA Fees
Source: U.S. Census Bureau, American Community Survey 2023 5-Year Estimates (PUMS). 37 counties with data.
Communities by City
Seattle
1419
Bellevue
922
Puyallup
440
Bothell
403
Vancouver
340
Lynnwood
306
Everett
296
Gig Harbor
275
Kirkland
240
Spokane
223
Olympia
217
Bellingham
209
Redmond
197
Edmonds
184
Lacey
175
Tacoma
174
Arlington
158
Renton
150
Kent
138
Lake Stevens
137
Snohomish
132
Oak Harbor
95
Sammamish
89
Auburn
88
Lakewood
88
Kennewick
85
Poulsbo
80
Marysville
72
Shoreline
71
Sequim
69
Anacortes
62
Federal Way
62
Mill Creek
62
Yakima
61
Mercer Island
54
Bremerton
52
Silverdale
52
Stanwood
51
Wenatchee
51
Woodinville
50
Issaquah
49
Milton
44
Friday Harbor
43
Mount Vernon
43
Port Orchard
42
Walla Walla
40
Kenmore
39
Richland
39
Maple Valley
38
Sumner
37
Lynden
35
Mukilteo
34
Port Townsend
33
Battle Ground
31
Chelan
31
Tukwila
31
Tumwater
31
Burien
29
Ferndale
29
Monroe
28
Camas
27
Lake Tapps
27
Port Angeles
26
Camano Island
24
Des Moines
24
Blaine
23
Bonney Lake
23
Longview
23
Pullman
23
Spanaway
23
Enumclaw
22
Graham
22
North Bend
22
Pasco
22
Yelm
22
Langley
21
Moses Lake
21
Manson
20
Sedro Woolley
20
Long Beach
19
Port Ludlow
19
Coupeville
18
Shelton
18
Steilacoom
18
Sultan
18
Buckley
17
Washougal
17
Covington
16
Duvall
16
Liberty Lake
16
Ridgefield
16
Cle Elum
14
Dupont
14
Eastsound
14
Edgewood
14
Freeland
14
Brush Prairie
13
Clinton
13
Kingston
13
Leavenworth
12
Lopez Island
11
Quincy
11
Roy
11
Belfair
10
Burlington
10
Carnation
10
Chehalis
10
Ellensburg
10
Gold Bar
10
Granite Falls
10
Newcastle
10
Vashon
10
Allyn
9
Colbert
9
Fall City
9
La Center
9
Ocean Shores
9
Orondo
9
Bow
8
Brier
8
Deer Park
8
Everson
8
Greenacres
8
Seatac
8
Spokane Valley
8
Tulalip
8
Winthrop
8
Bainbridge Island
7
Benton City
7
Cheney
7
Davenport
7
Eatonville
7
Fife
7
Fox Island
7
Rochester
7
Selah
7
Tonasket
7
Woodland
7
Black Diamond
6
Centralia
6
Concrete
6
La Conner
6
Mead
6
Oroville
6
Orting
6
Rainier
6
Seabeck
6
University Place
6
Colville
5
East Wenatchee
5
Fircrest
5
Kalama
5
Kelso
5
Malaga
5
Newman Lake
5
Point Roberts
5
Port Hadlock
5
Ravensdale
5
Snoqualmie Ps
5
Tahuya
5
Tenino
5
Brewster
4
Clarkston
4
College Place
4
Elma
4
Medina
4
Naches
4
Newport
4
Nine Mile Falls
4
Normandy Park
4
Olga
4
Packwood
4
Snoqualmie
4
West Richland
4
Aberdeen
3
Cashmere
3
Castle Rock
3
Cathlamet
3
Chimacum
3
Colfax
3
Deer Harbor
3
Goldendale
3
Grand Coulee
3
Grapeview
3
Hansville
3
Lilliwaup
3
Montesano
3
Ocean Park
3
Olalla
3
Orcas
3
Otis Orchards
3
Pacific Beach
3
Quilcene
3
Riverside
3
Ronald
3
Silverlake
3
Soap Lake
3
Veradale
3
Westport
3
Woodway
3
Amboy
2
Brinnon
2
Cougar
2
Cowiche
2
Elk
2
Hoquiam
2
Longbranch
2
Loon Lake
2
Medical Lake
2
Northport
2
Oakville
2
Othello
2
Pacific
2
Prosser
2
Rock Island
2
South Bend
2
Union
2
Valley
2
Warden
2
Wilbur
2
Algona
1
Anderson Island
1
Ashford
1
Burbank
1
Chelan Falls
1
Chewelah
1
Clallam Bay
1
Clyde Hill
1
Cosmopolis
1
Creston
1
Cusick
1
Custer
1
Darrington
1
Deming
1
Easton
1
Entiat
1
Glacier
1
Grandview
1
Ilwaco
1
Inchelium
1
Ione
1
Kettle Falls
1
Lake Forest Park
1
Loomis
1
Malott
1
Maple Falls
1
Mattawa
1
Mineral
1
Moclips
1
Morton
1
Mossyrock
1
Mountlake Terrace
1
Nooksack
1
Oakesdale
1
Odessa
1
Okanogan
1
Pateros
1
Pomeroy
1
Republic
1
Royal City
1
Stevenson
1
Thorp
1
Toledo
1
Touchet
1
Trout Lake
1
Twisp
1
Union Gap
1
Vaughn
1
Waterville
1
White Salmon
1
Yacolt
1
Free download · Email gated
Download the Washington HOA & Condo Compliance Checklist
One PDF — every active Washington statute we track, statutory fee caps and time limits, recent legal changes from the last 12 months, and the resale-certificate disclosure profile. Built from CommunityPay's living legal corpus, the same data that drives our resale certificates, reserve reports, and CARI scoring.
- Statutory fee caps and time limits (resale, late fees, lien priority)
- Recent law changes with effective dates
- Resale & estoppel disclosure profile, item by item
No spam. CommunityPay uses your email to send the checklist and one follow-up at most.
Data sourced from Washington Secretary of State public registrations. Legal corpus maintained by CommunityPay's editorial team and traced to primary statute snapshots.
United States Payments and Accounting Governance Infrastructure for Community Associations