Not legal advice. This is a general educational overview of Washington HOA law. Laws change and vary by community type and governing documents. Always consult a licensed Washington attorney for advice specific to your HOA.
Washington Homeowners' Association Act (RCW § 64.38) and Washington Uniform Common Interest Ownership Act (RCW § 64.90)
Washington updated its HOA law significantly with the Washington Uniform Common Interest Ownership Act (WUCIOA, RCW § 64.90), enacted in 2018 and effective for communities created after January 1, 2019. The WUCIOA is more comprehensive than the older HOA Act (RCW § 64.38) it will eventually replace, providing updated rules for governance, financial disclosures, reserve funds, elections, and a 6-month super-priority assessment lien over first mortgages. Existing communities can opt into the WUCIOA; the older statute continues to govern communities that have not opted in.
Every HOA in Washington is governed by a combination of state law and its own governing documents - typically the Declaration of Covenants, Conditions, and Restrictions (CC&Rs), bylaws, and rules and regulations. Where state law and governing documents conflict, state law generally controls. Where state law is silent, the governing documents fill the gap.
Regardless of what any individual HOA's governing documents say, Washington homeowners in HOA communities generally have the right to:
When a homeowner fails to pay assessments in Washington, the HOA's typical collection process follows these steps:
Washington's specific procedures, notice periods, and lien priority rules are set by Washington Homeowners' Association Act (RCW § 64.38) and Washington Uniform Common Interest Ownership Act (RCW § 64.90) and the association's governing documents. Boards should consult legal counsel before initiating collection actions.
Most Washington HOAs can impose fines for rule violations, but procedural requirements must be followed. In general:
The procedural requirements under Washington HOA law - notice before fines, member record access, financial transparency - are exactly what good HOA software automates:
The most complete self-managed HOA platform. Every feature included, starting at $49/month.
Start free →The Washington Uniform Common Interest Ownership Act (WUCIOA, RCW § 64.90) was enacted in 2018 and applies to all new common interest communities created after January 1, 2019. It is more comprehensive than the older Washington Homeowners' Association Act (RCW § 64.38) and Washington Condominium Act (RCW § 64.34), providing updated rules for governance, financial disclosures, reserve funds, elections, and dispute resolution. Existing communities can opt into the WUCIOA; eventually, the older statutes will be phased out.
Yes, for communities subject to the WUCIOA. Under RCW § 64.90.550, WUCIOA communities must maintain a reserve fund and prepare a reserve study at least every six years, with an update every three years. Communities still under the older Washington HOA Act (RCW § 64.38) have less prescriptive reserve fund requirements, with reserve funding details largely governed by the association's governing documents.
Yes. Under both the older Washington Homeowners' Association Act (RCW § 64.38.035) and the newer WUCIOA (RCW § 64.90.410), HOA board meetings must be open to members with certain limited exceptions for executive session topics such as pending litigation, personnel matters, and contract negotiations. Notice requirements and the specific open meeting rules depend on which statute governs the community.
WUCIOA communities have a 6-month super-priority lien over first mortgages under RCW § 64.90.480. Communities still governed by the older Washington Homeowners' Association Act (RCW § 64.38) do not have the same statutory super-priority. This distinction is important for lenders and buyers when evaluating Washington HOA properties, as the applicable statute depends on when the community was created or whether it has opted into the WUCIOA.
Washington has no dedicated state agency for HOA dispute resolution. Homeowners with complaints must use whatever internal dispute resolution procedures appear in their governing documents, pursue mediation or arbitration if available, or file a civil lawsuit in Washington superior court. An attorney familiar with Washington's HOA statutes (both the older HOA Act and the newer WUCIOA) can advise on the best approach.