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 (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.

Status Active
Verified Oct 2, 2026
Source Official text

Reviewed · 11 dependent article updates in 12 months · Washington changes feed

Change History 1 verified change on record
In force Jun 11, 2026 Statute amended

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).

The change in full →
Statutory Text Verified Jul 17, 2026 · LEG_WA_GOV
(1) Except in the case of a sale when delivery of a public offering statement is required, or unless exempt under RCW 64.90.600 (2) or unless the buyer of a unit within a common interest community has expressly waived the right to receive a resale certificate because it is unavailable as provided in RCW 64.90.600 (4), a unit owner must furnish to a purchaser before execution of any contract for sale of a unit, or otherwise before conveyance, a resale certificate, signed by an officer or authorized agent of the association and based on the books and records of the association and the actual knowledge of the person signing the certificate, containing all of the following and the statement "NONE" or "RECORDS UNAVAILABLE" for each category of records that is not provided: (a) A statement disclosing any right of first refusal or other restraint on the free alienability of the unit contained in the declaration; (b) With respect to the selling unit owner's unit, a statement setting forth the amount of any assessment currently due, any delinquent assessments, and a statement of any special assessments that have been levied and have not been paid even though not yet due; (c) A statement, which must be current to within 45 days, of any assessments against any unit in the condominium that are past due over 30 days; (d) A statement, which must be current to within 45 days, of any monetary obligation of the association that is past due over 30 days; (e) A statement of any other fees payable to the association by unit owners; (f) A statement of any expenditure or anticipated repair or replacement cost reasonably anticipated to be in excess of five percent of the board-approved annual budget of the association, regardless of whether the unit owners are entitled to approve such cost; (g) A statement whether the association does or does not have a reserve study prepared in accordance with RCW 64.90.545 and 64.90.550 ; (h) The annual financial statement of the association, including the most recent financial audit report available; (i) The most recent balance sheet and revenue and expense statement, if any, of the association; (j) The current operating budget of the association; (k) A statement of any unsatisfied judgments against the association and the status of any legal actions in which the association is a party or a claimant as defined in RCW 64.50.010 ; (l) A statement describing any insurance coverage carried by the association and contact information for the association's insurance broker or agent; (m) A statement as to whether the board has given or received notice in a record that any existing uses, occupancies, alterations, or improvements in or to the seller's unit or to the limited common elements allocated to the unit violate any provision of the governing documents; (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 …
Assessment
Ref Requirement
(b) Current assessments, delinquent amounts, and special assessments
(e) Other fees payable to the association by unit owners
Compliance
Ref Requirement
(4)(a) A manager or other agent that charges for the certificate is responsible for delivering it on time and for preparing it with reasonable care.
(4)(b) An owner may sue the association, or the agent responsible for the certificate, over its fee, its timeliness or its preparation, and the court may award attorneys' fees and costs to the side that prevails.
(k) Unsatisfied judgments against the association and status of pending actions
Disclosure
Ref Requirement
(n) Number of units owned by the declarant and date of transfer of control
(p) Remaining term of leasehold estate and extension/renewal provisions
(q) Declaration restrictions on sale proceeds
(s) Pending sale or encumbrance of common elements
(v) Qualified warranty coverage and claims history (chapter 64.35 RCW)
(x) Electric vehicle charging station requirements and associated costs
(z) Conspicuous notice regarding community membership obligations and financial risks
Enforcement
Ref Requirement
(m) Notice of violations in seller unit or limited common elements
(o) Environmental, health, or building code violations
Financial
Ref Requirement
(2)(c) An owner can always pay for the resale certificate, and receive it, without signing up with a third party.
(c) Assessments past due over 30 days for any unit (current within 45 days)
(d) Association monetary obligations past due over 30 days (current within 45 days)
(h) 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)
(i) Most recent balance sheet and revenue/expense statement
(j) Current operating budget
(r) Cooperative accountant statement on tax deductibility
Governance
Ref Requirement
(a) Right of first refusal or restraint on free alienability
(t) Restrictions on unit use, occupancy, lease, or rental
(u) 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)
(w) Age-related occupancy restrictions
Insurance
Ref Requirement
(l) Insurance coverage description and broker/agent contact information
Reserves
Ref Requirement
(f) Expenditures or anticipated repairs exceeding 5% of annual budget, approved by the board
(g) Whether association has reserve study per RCW 64.90.545 and 64.90.550
(y) Disclosure if association has no current reserve study
What this means for your resale certificate

RCW 64.90.640 drives 26 required disclosure items in the Washington Uniform Common Interest Ownership Act resale certificate.

  • (a) Right of first refusal or restraint on free alienability
  • (b) Current assessments, delinquent amounts, and special assessments
  • (c) Assessments past due over 30 days for any unit (current within 45 days)
  • (d) Association monetary obligations past due over 30 days (current within 45 days)
  • (e) Other fees payable to the association by unit owners
  • + 21 more disclosure items
References
Articles Citing This Statute
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.
Login