Washington HOA Law

HOA Laws in Washington: What Boards and Homeowners Need to Know

Updated May 2026  ·  est. 8,000+ HOAs in Washington

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.

Primary Governing Statute

Washington Homeowners' Association Act (RCW § 64.38) and Washington Uniform Common Interest Ownership Act (RCW § 64.90)

HOA Lien Super-Priority Yes: 6 months (WUCIOA communities only, RCW § 64.90.480)
Reserve Fund Required by Law Yes (by statute)
State HOA Oversight Agency None
Manager License Required No

Overview: How Washington HOA Law Works

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.

Key Washington HOA Laws and Requirements

What Washington Homeowners Have a Right To

Regardless of what any individual HOA's governing documents say, Washington homeowners in HOA communities generally have the right to:

Assessment Collection in Washington

When a homeowner fails to pay assessments in Washington, the HOA's typical collection process follows these steps:

  1. Written notice of delinquency sent to the homeowner
  2. Late fees applied after the grace period specified in governing documents (or as set by state law)
  3. Lien filed against the property after notice and applicable cure period
  4. If unpaid, the HOA may pursue legal action or foreclosure per Washington law and the governing documents

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.

Fines and Enforcement

Most Washington HOAs can impose fines for rule violations, but procedural requirements must be followed. In general:

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Frequently Asked Questions: HOA Law in Washington

What is Washington's WUCIOA and how does it differ from the older HOA Act?

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.

Does Washington require HOAs to maintain reserve funds?

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.

Can Washington HOA members attend board meetings?

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.

Do Washington HOAs have super-priority assessment liens?

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.

How do Washington HOA disputes get resolved?

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.

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