HOA Laws in Washington

Washington is in transition on HOA law. Communities created on or after July 1, 2018 are governed by the Washington Uniform Common Interest Ownership Act, RCW 64.90 (WUCIOA). Communities created before that date generally follow the Homeowners' Associations Act, RCW 64.38, with condominiums under RCW 64.34 or the older RCW 64.32. On January 1, 2028, WUCIOA is scheduled to become the controlling law for most associations. This guide summarizes the areas boards ask about most. It is general information, not legal advice.

The governing statute

Which statute applies depends on when your community was created, so the first step is to identify your governing law. WUCIOA is a comprehensive uniform act covering governance, meetings, records, budgets, reserves, and collections, while RCW 64.38 is shorter and leaves more to the governing documents. Most Washington HOAs are also incorporated as nonprofit corporations, so RCW 24.03A governs corporate matters such as member and board meetings, director duties, quorum, and voting.

Meetings and open-meeting rules

Board meetings are generally open to members with notice under both the HOA Act and WUCIOA, with limited matters allowed in closed session. Notice and procedures follow the applicable statute and your bylaws.

Elections and voting

Directors are elected by the members as provided by the applicable statute and the governing documents, with notice, quorum, proxy, and ballot procedures set by those rules.

Records access and owner inspection

Owners have the right to inspect and copy association records under the applicable statute, subject to reasonable rules and limited exceptions. WUCIOA sets more detailed records requirements than the older HOA Act.

Assessments, liens, and foreclosure

Associations may levy assessments and record a lien for unpaid amounts, and may pursue foreclosure subject to statutory conditions, which are more detailed under WUCIOA. Boards typically involve an attorney for liens and foreclosure.

Fines and enforcement

Associations may adopt and enforce rules and impose reasonable charges for violations, subject to notice and an opportunity to be heard as provided by the applicable statute and the documents.

Reserves and budgets

WUCIOA directs covered associations to prepare reserve studies and to consider reserve funding, while the older HOA Act leaves reserves largely to the documents. Confirm which rule applies to your community.

Owner protections on common restrictions

Washington limits certain HOA restrictions, including on solar energy systems and the display of the United States flag, subject to reasonable conditions. Review the specific statute before denying a related request.

Where to get official help

WUCIOA (RCW 64.90) and the HOA Act (RCW 64.38) are available from the Washington Legislature. Because the applicable law depends on your community's age and the 2028 change is coming, consult a Washington attorney experienced in community association law.