Washington HOA & Condo Laws

Washington governs HOAs and condominiums through two primary statutes: the Condominium Act (RCW 64.34) and the Uniform Common Interest Ownership Act (RCW 64.90, also known as WUCIOA). All Washington communities will operate under WUCIOA by January 1, 2028 under ESSB 5796. Key areas include resale certificate requirements, meeting notice rules, owner rights, reserve study obligations, and assessment collection procedures.

Recent Changes — Washington 4 verified changes on record
Jul 4, 2026 Statute amended RCW 64.90.640

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).

May 20, 2026 Statute amended RCW 64.90.600

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.

May 20, 2026 Statute amended RCW 64.90.470

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).

Assessment Collection Compare across states →

How HOAs and condominium associations charge, collect, and enforce regular and special assessments. Covers dues billing, delinquency notices, late fees, lien filing, judicial and non-judicial foreclosure, statute of limitations, and …

RCW 4.16.040

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 …

RCW 61.24.163

Foreclosure mediation program →

Washington Foreclosure Mediation Program requirements. SB 5686 expanded this program to cover HOA assessment lien foreclosures.

RCW 64.32

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 …

RCW 64.34

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 …

RCW 64.34.304

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 …

RCW 64.34.308

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, …

RCW 64.34.364

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.

RCW 64.34.380

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 …

RCW 64.34.425

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 …

RCW 64.38

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 …

RCW 64.38.025

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 …

RCW 64.38.100

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.

RCW 64.90.480

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.

RCW 64.90.485

Liens — Enforcement — Notice of delinquency — Second notice →

Governs assessment liens, late fees, and the collection process including foreclosure rights for unpaid assessments.

RCW 64.90.490

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 …

RCW 64.90.525

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 …

RCW 64.90.530

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 …

Case Law · Washington Court of Appeals, Division II

Kiona Park Estates v. Dehls →

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 …

Decided Jul 7, 2021
Case Law · Washington Court of Appeals, Division I

Sang Geon Lee v. Palisades Condominium Owners' Association →

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 …

Decided Jul 22, 2019
Case Law · Washington Court of Appeals, Division II

Riverview Community Group v. Spencer & Livingston →

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 …

Decided Oct 20, 2015
Case Law · Washington Supreme Court

Panorama Village Condominium Owners' Association v. Allstate Insurance →

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 …

Decided Jul 12, 2001
Case Law · Washington Supreme Court

Shorewood West Condominium Association v. Sadri →

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 …

Decided Feb 17, 2000
Case Law · Washington Supreme Court

Riss v. Angel →

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 …

Decided Apr 17, 1997
Reserve Requirements Compare across states →

Statutory requirements for reserve studies, reserve funding, component inventory, funding plans, and board fiduciary duty regarding major repair and replacement obligations.

RCW 11.100.020

Management of trust assets by fiduciary — Prudent Investor Rule →

Washington's adoption of the Uniform Prudent Investor Act. Establishes the standard of care a fiduciary (including a trustee holding HOA reserve funds) must apply when …

RCW 11.98A

Washington Trust Act →

Washington's trust administration statute, based on the Uniform Trust Code. Governs trustee duties, beneficiary rights, accounting, modification, and termination of express trusts. Relevant to community …

RCW 64.34.380

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 …

RCW 64.34.425

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 …

RCW 64.90.545

Reserve study →

Requires associations to conduct reserve studies identifying major components and estimated replacement costs.

RCW 64.90.550

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 …

Structural Integrity Compare across states →

Statewide structural-inspection mandates for condominium and cooperative buildings — milestone inspections, load-bearing-system inspections, inspector qualifications, reporting and disclosure obligations, and the reserve-funding duties that follow findings.

RCW 64.35.315

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 …

RCW 64.55

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 …

Meetings and Notice Compare across states →

Board and owner meeting requirements — open meeting mandates, advance notice periods, agenda requirements, minimum owner comment periods, executive session limits, remote participation, and materials access rules.

RCW 64.90.445

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.

RCW 64.90.450

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 …

Case Law · Washington Supreme Court

Shorewood West Condominium Association v. Sadri →

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 …

Decided Feb 17, 2000
Elections and Voting Compare across states →

Director elections, board member removal votes, governing document amendments, secret ballot requirements, quorum rules, proxy voting, electronic voting, and inspector of election requirements.

RCW 24.03A

Washington Nonprofit Corporation Act →

Washington's modern nonprofit corporation statute, enacted in 2021 (Chapter 176, Laws of 2021) and effective January 1, 2022. Replaces the old RCW 24.03 with a …

RCW 24.03A.010

Definitions →

Defines the foundational terms used throughout the Washington Nonprofit Corporation Act, including "corporation," "board of directors," "director," "member," "voting power," "bylaws," "articles of incorporation," and …

RCW 64.90.410

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 …

RCW 64.90.450

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 …

RCW 64.90.455

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 …

Records Access and Inspection Compare across states →

Unit owner rights to inspect association records — financial statements, meeting minutes, governing documents, contracts, and correspondence. Response timelines, allowable copying fees, and executive session materials exceptions.

RCW 64.90.495

Association records →

Requires associations to maintain records for specified periods and make them available to owners upon request.

Enforcement and Fines Compare across states →

Association authority to enforce governing documents through fines, suspension of privileges, and legal action. Covers fine limits, hearing requirements, notice-and-opportunity procedures, and limitations on enforcement authority.

RCW 24.03A.010

Definitions →

Defines the foundational terms used throughout the Washington Nonprofit Corporation Act, including "corporation," "board of directors," "director," "member," "voting power," "bylaws," "articles of incorporation," and …

RCW 4.16.040

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 …

RCW 61.24.172

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, …

RCW 64.34.304

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 …

RCW 64.38.025

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 …

RCW 64.90.550

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 …

Case Law · Washington Court of Appeals, Division II

Kiona Park Estates v. Dehls →

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 …

Decided Jul 7, 2021
Resale Disclosure Compare across states →

Resale certificate and transfer disclosure requirements at the time of unit sale. Covers disclosure timing, content, fee caps, delivery deadlines, buyer rescission rights, and association liability for inaccurate information.

RCW 64.06.020

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 …

RCW 64.34.425

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 …

RCW 64.90.640

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 …

Insurance Requirements Compare across states →

Statutory insurance requirements for HOAs and condominiums — property insurance, liability coverage, directors and officers, fidelity bonds, flood insurance, and cyber liability. Coverage minimums, deductible assessments, and claims procedures.

RCW 64.34.425

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 …

RCW 64.90.640

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 …

Fiduciary Duty Compare across states →

Board member fiduciary obligations — duty of care, duty of loyalty, business judgment rule, conflict of interest disclosure, and personal liability exposure. Statutory duties imposed on directors and officers of …

RCW 11.100.020

Management of trust assets by fiduciary — Prudent Investor Rule →

Washington's adoption of the Uniform Prudent Investor Act. Establishes the standard of care a fiduciary (including a trustee holding HOA reserve funds) must apply when …

RCW 24.03A.505

Number of directors →

Sets the minimum number of directors a Washington nonprofit corporation must have. Public charities under IRC §509(a)(1)–(4) must have at least three directors; other nonprofit …

RCW 64.38.025

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 …

RCW 64.90.410

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 …

Governance Documents Compare across states →

The foundational documents governing common interest communities — declarations (CC&Rs), bylaws, articles of incorporation, rules and regulations, architectural guidelines, and resolutions. Document hierarchy, amendment procedures, and recording requirements.

RCW 64.90.455

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 …

RCW 64.90.495

Association records →

Requires associations to maintain records for specified periods and make them available to owners upon request.

Amendment Procedures Compare across states →

How HOAs amend their governing documents — voting thresholds, recording requirements, notice procedures, and limitations on what can be amended. Covers both CC&R amendments and bylaw changes.

RCW 64.90.455

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 …

Foreclosure and Liens Compare across states →

Assessment lien filing, priority, extinguishment, and foreclosure procedures. Minimum thresholds for foreclosure, pre-foreclosure notice requirements, mediation mandates, super-priority provisions, and the interaction between HOA liens and mortgage liens.

RCW 4.16.040

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 …

RCW 61.24.163

Foreclosure mediation program →

Washington Foreclosure Mediation Program requirements. SB 5686 expanded this program to cover HOA assessment lien foreclosures.

RCW 61.24.172

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, …

RCW 64.34.364

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.

RCW 64.38.100

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.

RCW 64.90.485

Liens — Enforcement — Notice of delinquency — Second notice →

Governs assessment liens, late fees, and the collection process including foreclosure rights for unpaid assessments.

RCW 64.90.490

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 …

Case Law · Washington Court of Appeals, Division II

Kiona Park Estates v. Dehls →

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 …

Decided Jul 7, 2021
Case Law · Washington Supreme Court

Riss v. Angel →

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 …

Decided Apr 17, 1997
Engrossed Second Substitute Senate Bill · 2025

SB 5686 — Expanding and funding the foreclosure mediation program →

Expands Washington's Foreclosure Mediation Program to cover unit owners facing assessment lien foreclosure by HOAs, condominiums, and planned communities. Creates a mandatory meet-and-confer process, caps …

Signed May 20, 2025
Substitute House Bill · 2021

HB 1482 — Restricting association foreclosures →

Restricted HOA and condominium association foreclosures by imposing minimum thresholds (3 months or $2,000 in unpaid assessments), mandatory pre-foreclosure notice requirements, and board approval. The …

Signed May 12, 2021
Architectural Review Compare across states →

Association authority to review and approve owner modifications to units and common elements. Covers architectural review committees, approval procedures, denial appeals, and statutory limitations on what can be prohibited (e.g., …

RCW 64.34.425

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 …

RCW 64.90.513

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 …

RCW 64.90.580

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 …

Common Element Modification Compare across states →

Rules governing modifications to common elements — who can authorize changes, owner approval thresholds, limited common element reassignment, and the treatment of owner-initiated improvements that affect common elements.

RCW 64.90.513

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 …

RCW 64.90.580

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 …

Dispute Resolution Compare across states →

Mandatory and optional alternative dispute resolution procedures — internal dispute resolution, mediation, arbitration, and limitations on litigation. Covers meet-and-confer requirements, mediation timelines, and enforcement of ADR outcomes.

RCW 61.24.163

Foreclosure mediation program →

Washington Foreclosure Mediation Program requirements. SB 5686 expanded this program to cover HOA assessment lien foreclosures.

RCW 61.24.172

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, …

Engrossed Second Substitute Senate Bill · 2025

SB 5686 — Expanding and funding the foreclosure mediation program →

Expands Washington's Foreclosure Mediation Program to cover unit owners facing assessment lien foreclosure by HOAs, condominiums, and planned communities. Creates a mandatory meet-and-confer process, caps …

Signed May 20, 2025
Substitute House Bill · 2021

HB 1482 — Restricting association foreclosures →

Restricted HOA and condominium association foreclosures by imposing minimum thresholds (3 months or $2,000 in unpaid assessments), mandatory pre-foreclosure notice requirements, and board approval. The …

Signed May 12, 2021
Other Authorities
RCW 18.27

→

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 …

RCW 23.86

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 — …

RCW 24.03A.620

Business opportunities — Corporate opportunity doctrine →

Codifies the corporate opportunity doctrine for Washington nonprofit corporations. A director or officer who learns of a business opportunity related to the corporation must offer …

RCW 24.03A.910

Articles of dissolution →

Provides the procedure for a Washington nonprofit corporation to dissolve by filing articles of dissolution with the Secretary of State after dissolution is authorized. Lists …

RCW 49.60

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 …

RCW 64.38.065

→

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 …

RCW 64.90

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 …

RCW 64.90.065

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 …

RCW 64.90.365

→

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 …

RCW 64.90.370

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 …

RCW 64.90.470

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 …

RCW 64.90.555

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 …

RCW 64.90.560

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 …

RCW 64.90.600

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 …

RCW 64.90.675

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 …

RCW 68.05

Washington Cemetery Act →

Washington's cemetery regulation statute. Governs licensing, perpetual care funds, pre-need sales, endowment requirements, and consumer protection for cemetery operators. Relevant to community associations only in …

Engrossed Substitute Senate Bill 2025

ESSB 5129 — Concerning common interest communities →

Legislative History
May 2021
HB 1482 → — Restricting association foreclosures

Restricted HOA and condominium association foreclosures by imposing minimum thresholds (3 months or $2,000 in unpaid assessments), mandatory pre-foreclosure notice requirements, and board approval. The …

Mar 2024
ESSB 5796 → — WUCIOA for All — Applying WUCIOA to all common interest communities

The "WUCIOA for All" bill. Establishes a full transition to the Washington Uniform Common Interest Ownership Act (RCW 64.90) by January 1, 2028. Repeals the …

Apr 2025
ESSB 5129 → — Concerning common interest communities

Accelerates specified WUCIOA sections — only those enumerated in RCW 64.90.365 — to pre-July 2018 Washington common interest communities beginning January 1, 2026. The chapter …

May 2025
SB 5686 → — Expanding and funding the foreclosure mediation program

Expands Washington's Foreclosure Mediation Program to cover unit owners facing assessment lien foreclosure by HOAs, condominiums, and planned communities. Creates a mandatory meet-and-confer process, caps …

Mar 2026
HB 2304 → — 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

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 …

Mar 2026
HB 1500 → — Concerning resale certificates for units in common interest communities

Engrossed Substitute House Bill 1500 (Rep. Reed, prime sponsor; co-sponsors: Entenman, Gregerson, Peterson, Fosse, Farivar, Doglio, Alvarado, Hill, Berry, Simmons, Ormsby, Macri). Amends RCW 64.90.640 …

Legal Facts by Category
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)
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)
HOAs that include on-property cemeteries, columbariums, or memorial gardens are regulated by the Cemetery Act in addition to their HOA-specific statute. Licensing, separate endowment-care fund accounting, and consumer-protection rules for pre-need sales all apply. RCW 68.05 (chapter)
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)
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)
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)
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)
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)
Conspicuous notice regarding community membership obligations and financial risks RCW 64.90.640 (z)
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)
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)
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)
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)
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)
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)
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 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)
A trustee holding HOA reserve funds must invest them like a sensible, careful investor would — not aggressively or speculatively, and always considering the HOA's reserve obligations and the time horizons until major component replacements come due. RCW 11.100.020 (1)
A single risky investment doesn't violate the prudent investor rule if it's balanced by safer investments in the same portfolio. Courts look at the whole strategy, not at one investment in isolation. RCW 11.100.020 (2)
The trustee must do real homework — review the economic outlook, anticipate inflation, run the tax math, consider the HOA's cash flow needs, and weigh how each investment fits the bigger picture. Token review is not enough. RCW 11.100.020 (3)
A trustee cannot rely on assumptions or representations without checking. Due diligence — confirming financial data, reading prospectuses, verifying counterparties — is part of the fiduciary duty. RCW 11.100.020 (4)
A bank or professional trustee that was chosen because of its investment expertise cannot then fall back on a generic standard. The trustee is held to the higher bar it claimed when accepting the role. RCW 11.100.020 (6)
Some WA HOAs (particularly large condos and CC&R communities with significant reserves) hold reserve funds in a trust account at an institutional bank, with the bank acting as trustee. Those arrangements are governed by the WA Trust Act, which imposes fiduciary duties on the trustee independent of the HOA's own duties. RCW 11.98A (chapter)
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)
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)
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)
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)
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)
Cooperative accountant statement on tax deductibility RCW 64.90.640 (r)
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)
Older WA HOA articles of incorporation reference RCW 24.03. Those references still work, but the operating statute is now RCW 24.03A — the prior chapter is repealed. HOAs amending their articles should update internal references to the new chapter. RCW 24.03A (chapter)
Most Washington HOAs are nonprofit corporations. That means they are governed by TWO statutes: their HOA-specific law (RCW 64.34, 64.38, or 64.90) AND the Nonprofit Corporation Act. When the two statutes overlap, the HOA-specific law generally controls operational questions; the Nonprofit Corporation Act controls corporate-structure questions. RCW 24.03A (chapter)
The Nonprofit Corporation Act covers everything from how directors are elected to how the HOA can dissolve. HOA boards rely on this chapter for the corporate-governance machinery their bylaws don't address. RCW 24.03A (chapter)
A person becomes a "director" the moment they are seated on the board, and stops being one when they leave. Fiduciary duties attach for that period — not before, not after. RCW 24.03A.010 (11)
Final governance authority rests with the board as a body — not with any individual director, officer, or manager. Statements made by one director do not bind the HOA unless the board has formally delegated authority. RCW 24.03A.010 (3)
Bylaws are the HOA's internal operating manual — meeting procedures, officer duties, committee structure, voting thresholds. They are separate from the articles of incorporation (which establish the entity) and the declaration / CC&Rs (which run with the land). RCW 24.03A.010 (4)
An HOA member, in nonprofit-corporation terms, is whoever has a vote in board elections or major decisions. The membership-rights definition is critical — it identifies who has standing to challenge governance actions and trigger meeting and voting rights. RCW 24.03A.010 (45)(a)
Voting power is measured at the moment of the vote — past or future voting rights don't count. This matters for quorum and majority calculations under both this chapter and the HOA-specific statutes. RCW 24.03A.010 (75)
Under WA nonprofit law, an HOA could legally operate with a single director — though virtually no HOA bylaws permit that. The HOA's own governing documents typically require 3, 5, or 7 directors, and that requirement is binding. RCW 24.03A.505 (1)
Some HOAs hold IRS public-charity status (rare but possible for HOAs primarily serving the broader public). Those need at least 3 directors; vacancies are tolerated only briefly while the HOA actively seeks replacements. RCW 24.03A.505 (2)
HOAs can have minor directors on the board but not more than one-third (cap at three minors total). Most HOAs are unaffected because their bylaws already require directors to be owners, and most owners are 18+. RCW 24.03A.505 (3)
An HOA can resize its board, but only through a formal amendment process — not by a casual board resolution. And a shrink cannot kick out a sitting director mid-term; the smaller size takes effect when terms expire naturally. RCW 24.03A.505 (5)
If an HOA director learns of a deal that the HOA itself could pursue — for example, a chance to buy adjacent common area at a favorable price, or a maintenance vendor offering an exclusive rate — the director must disclose it to the board first. Taking it personally without offering it to the HOA is a breach of fiduciary duty. RCW 24.03A.620 (1)
A director who follows the disclosure procedure correctly — full disclosure to the board, formal disclaimer of HOA interest by the disinterested directors or by member vote — is immune from later challenge. The procedure is the safe harbor. RCW 24.03A.620 (1)
If a director takes a corporate opportunity without disclosure, the HOA can sue. Available remedies include making the director hand over any profits earned, imposing a constructive trust on the underlying asset, or recovering damages — plus the personal liability exposure on top. RCW 24.03A.620 (2)
The dissolution becomes effective only when the Secretary of State accepts the articles of dissolution filing. Until then, the HOA remains a legal entity with ongoing obligations. RCW 24.03A.910 (1)
Dissolving a Washington HOA requires two steps: the board first adopts a dissolution plan, then submits it to the owners for a vote. Owners must receive proper notice and the meeting must comply with the same procedures as any other fundamental transaction. RCW 24.03A.910 (1)(e)
When an HOA dissolves, creditor claims (vendors, attorneys, unpaid bills) get paid first. Remaining assets go where the articles say — often back to owners proportionally or to a successor entity. If the articles are silent, a court decides distribution. RCW 24.03A.910 (1)(i)
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)
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 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)
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 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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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 "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)
Legal references last verified October 2, 2026. This content is educational and informational. It does not constitute legal advice. Consult a licensed attorney in your state for legal guidance specific to your situation.
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