RCW 64.38
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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 Being fully superseded by WUCIOA (RCW 64.90) on January 1, 2028 under ESSB 5796.
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Statutory Text
Verified Jul 17, 2026 · LEG_WA_GOV
Sections HTML PDF 64.38.005 Intent. HTML PDF 64.38.010 Definitions. HTML PDF 64.38.015 Association membership. HTML PDF 64.38.020 Association powers. HTML PDF 64.38.025 Board of directors — Standard of care — Restrictions — Budget — Removal from board. HTML PDF 64.38.028 Removal of discriminatory provisions in governing documents — Procedure. HTML PDF 64.38.030 Association bylaws. HTML PDF 64.38.033 Flag of the United States — Outdoor display — Governing documents. HTML PDF 64.38.034 Political yard signs — Governing documents. HTML PDF 64.38.040 Quorum for meeting. HTML PDF 64.38.045 Financial and other records — Property of association — Copies — Annual financial statement — Accounts — Requirements for retaining. HTML PDF 64.38.050 Violation — Remedy — Attorneys' fees. HTML PDF 64.38.055 Governing documents — Solar panels. HTML PDF 64.38.057 Governing documents — Drought resistant landscaping, pollinator habitat, wildfire ignition resistant landscaping. HTML PDF 64.38.060 Adult family homes. HTML PDF 64.38.065 Reserve account and study. HTML PDF 64.38.070 Reserve study — Requirements. HTML PDF 64.38.075 Reserve account — Withdrawals. HTML PDF 64.38.080 Reserve study — Demand for preparation and inclusion in budget. HTML PDF 64.38.085 Reserve account and study — Liability. HTML PDF 64.38.090 Reserve study — Exemptions. HTML PDF 64.38.095 Application to common interest communities. HTML PDF 64.38.100 Liens for unpaid assessments — Notice of delinquency — Second notice. HTML PDF 64.38.110 Notice. HTML PDF 64.38.120 Voting — In person, absentee ballots, proxies. HTML PDF 64.38.130 Tenant screening. HTML PDF 64.38.140 Licensed family home child care or licensed child day care center — Regulations — Liability. HTML PDF 64.38.150 New associations minimum density. HTML PDF 64.38.160 New associations — Accessory dwelling units. HTML PDF 64.38.170 Occupancy limits. HTML PDF 64.38.175 Fire-hardened building materials. HTML PDF 64.38.184 Transit-oriented development restrictions. HTML PDF 64.38.185 Owner inquiries to associations. HTML PDF 64.38.900 Conflict with other sections. Notes: Speed enforcement: RCW 46.61.419 .
Governance
| Ref | Requirement |
|---|---|
| (chapter) | 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. |
| (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. |
| (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. |
Interpreting Case Law
Referenced By
- RCW 64.90 Supersedes
Other sections in this chapter
Legal Topics
Articles Citing This Statute
- The 2028 WUCIOA Deadline: What Every Pre-2018 Washington HOA Needs to Know Supporting
- WUCIOA vs RCW 64.38: Does Washington's New HOA Law Apply to Your Association? Primary
- What Is WUCIOA? Washington's 2026 HOA and Condo Law Explained Supporting
- Washington HOA Reserve Study Requirements: What the Law Requires Passing
- Washington SB 5686: New HOA Collection Rules Every Board Must Understand Before Foreclosure Supporting
- Washington Resale Certificates: What HOAs Must Disclose Supporting
- WUCIOA 2026 Compliance Checklist: The Definitive Reference for Washington HOA Boards Supporting
- The HOA Delinquent Dues Collection Process: What Boards Actually Need to Do Supporting
- Washington HOA Law Changes 2026: What Every Board Must Know About ESSB 5129 and WUCIOA Compliance Supporting
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.