Washington has two HOA statutes depending on when your community was created: Chapter 64.38 RCW for older communities and WUCIOA (Chapter 64.90 RCW) for communities created on or after July 1, 2018. Getting this right determines every other rule that applies. This guide covers both and the key differences.
HOA Base keeps your records, meetings, and assessments in line with RCW 64.38 and WUCIOA. See it in a 20-minute walkthrough.
Free setup and onboarding. No credit card required.
Educational information, not legal advice.
This page summarizes Washington HOA law as of 2026. Washington's two-statute framework means the rules that apply depend on when your community was created. Consult a licensed Washington community association attorney to determine which statute governs your community before acting on anything here.
Section 1
Washington has two separate HOA statutes. Before you can figure out any rule that applies to your community, you have to figure out which statute governs.
Applies to homeowners' associations created before July 1, 2018. Less comprehensive than WUCIOA — covers basics like open meetings, records access, and board governance but lacks detailed provisions on foreclosure, fines, and reserves.
Most Washington HOAs — particularly in established neighborhoods around Seattle, Bellevue, Tacoma, and Spokane — are governed by this chapter.
The Washington Uniform Common Interest Ownership Act applies to communities created on or after July 1, 2018. Much more comprehensive — covers HOAs, condos, and cooperatives with detailed provisions on governance, finance, assessments, and disputes.
Newer communities in rapidly growing areas — Snoqualmie, Redmond, Sammamish, Puyallup, Vancouver — are typically WUCIOA.
Yes. Communities created before July 1, 2018, may amend their governing documents to opt into WUCIOA. This requires approval at the supermajority threshold specified in the declaration (commonly 67%). Opting in gives the association access to WUCIOA's more robust governance framework — particularly the super-lien provisions and detailed dispute-resolution rules.
Washington condominiums are governed by one of three statutes depending on creation date:
This guide focuses on HOAs, not condominiums. If your community is a condo, verify which chapter applies before relying on any specific rule.
Section 2
The Washington Uniform Common Interest Ownership Act (Chapter 64.90 RCW) was enacted in 2018 as a comprehensive modern HOA statute modeled on the Uniform Common Interest Ownership Act (UCIOA). It replaces the older, thinner Chapter 64.38 RCW for new communities and is structured around several major subdivisions:
If your community is governed by WUCIOA, you have significantly more detailed statutory rights (as a homeowner) and obligations (as a board) than communities under Chapter 64.38. The rest of this guide notes differences between the two statutes where relevant.
Section 3
Both statutes require board meetings to be open to members, with different levels of specificity.
Reasonable notice
Ch. 64.38 board meetings
RCW 64.38.035 requires "reasonable notice" of board meetings — typically interpreted as 48 hours to 7 days based on the bylaws.
At least 7 days
WUCIOA board meetings
RCW 64.90.445 requires at least 7 days' notice for board meetings, with an agenda. Stricter than Chapter 64.38.
14–60 days
Member meeting notice
Both statutes require 14 to 60 days' notice for annual or special member meetings, with an agenda.
Open to owners
Attend & observe
Under both statutes, owners may attend open board meetings. WUCIOA additionally requires a designated comment period at each meeting.
Under RCW 64.90.445, the posted notice must include an agenda. The board should not take action on items not on the agenda, although this is not as strict a prohibition as in some other states (Florida, California). Routinely acting on undisclosed items invites a challenge.
Both statutes permit closed executive sessions for: consultations with legal counsel, pending or threatened litigation, personnel matters, and discussions of individual owner delinquencies or violations. WUCIOA adds contract negotiations to this list.
Written minutes of all board and member meetings must be kept and made available to owners. WUCIOA requires minutes to be made available within 30 days of the meeting.
Both statutes allow action by unanimous written consent (email qualifies). Majority email voting without a noticed meeting is not authorized — substantive decisions require a properly noticed open meeting.
Section 4
Both statutes give members the right to inspect association records, with WUCIOA providing more detailed procedures.
Under RCW 64.38.045 (Chapter 64.38 HOAs), records must be made available within a "reasonable time." Under RCW 64.90.495 (WUCIOA), the association must respond within 10 business days and make records available for inspection within a reasonable time thereafter.
Both statutes permit the association to charge a reasonable fee for copies — typically actual cost of reproduction. Charging for staff time to locate records is not authorized.
Under WUCIOA (RCW 64.90.640), when a lot is sold, the association must provide a resale certificate to the seller or buyer upon written request within 10 days. The certificate must include current assessment, any outstanding balance, pending special assessments, reserve fund balance, insurance coverage, and any known material violations. The statutory fee is set by the association but must be reasonable.
Under Chapter 64.38, there is no statutory resale certificate requirement — the declaration controls what must be disclosed. Most Washington HOA declarations require some form of resale disclosure even when the statute does not.
Section 5
This is one of the areas where the two Washington statutes diverge most significantly.
The board must adopt an annual budget. Chapter 64.38 does not include a ratification requirement by members — the board's adopted budget stands unless the declaration requires a member vote.
Under RCW 64.90.525, the board must adopt an annual budget and submit a summary to all members within 30 days after adoption. Members may reject the budget by a majority vote at a special meeting held within 60 days after the summary is delivered. If no rejection vote occurs, the budget is deemed ratified.
WUCIOA requires reserve studies. Under RCW 64.90.545, a professionally prepared reserve study is required at least every 3 years, with annual updates in the intervening years. The study must identify major components, remaining useful life, replacement cost, and a funding plan. The reserve funding level must be disclosed to members annually.
Chapter 64.38 does not mandate reserve studies for older HOAs, though RCW 64.38.065 encourages them and many declarations require them anyway. The practical effect is that Chapter 64.38 communities often have weaker reserve practices — which becomes a problem when major capital expenses (roof replacement, asphalt repaving, pool resurfacing) come due.
Neither statute mandates a specific type of financial statement (compiled, reviewed, or audited) based on budget size. Check the declaration — many Washington declarations require an annual review or audit above a certain revenue threshold.
Section 6
Both statutes authorize assessment liens, but WUCIOA has the more detailed framework — including a significant super-lien provision (covered separately in the next section).
The board sets the regular assessment based on the annual budget. Most declarations cap annual increases at a percentage (commonly 10–20%) without a member vote. Special assessments for unexpected expenses typically require member approval at the threshold set in the declaration.
Under both statutes, an unpaid assessment creates an automatic lien on the lot. Under RCW 64.90.705 (WUCIOA), the lien arises from the date the assessment is due. Under Chapter 64.38, the lien is established per the declaration.
Washington law does not set a specific statutory pre-lien notice period — the association's practice should follow the declaration and applicable notice best practices. Typically, associations send a written demand letter 30+ days before recording any lien.
Washington allows both judicial and nonjudicial foreclosure of HOA liens if the declaration provides a power of sale. Nonjudicial foreclosure follows the procedure in RCW 61.24 (the Deed of Trust Act):
Most Washington HOAs with nonjudicial foreclosure authority in their declaration prefer this route because it is faster and less expensive than judicial foreclosure. However, the homeowner retains significant procedural rights including the ability to cure at any time before the sale.
Late fees must be authorized by the declaration and must be reasonable. Washington courts apply a reasonableness standard.
Section 7
WUCIOA (RCW 64.90.705) includes a super-lien provision that gives the association's assessment lien priority over a first mortgage for a limited amount. This is one of WUCIOA's most significant advantages for HOA collection.
The super-priority portion of the lien includes:
In a foreclosure scenario, the HOA's claim for up to 6 months of unpaid assessments must be satisfied before the first mortgage lender is paid. This dramatically increases the likelihood that a delinquent lender will pay off the HOA to protect its first-lien position — even in a distressed property situation.
Older Washington HOAs governed by Chapter 64.38 do not have a super-lien. Their assessment lien is fully subordinate to a first mortgage. This is one of the most compelling reasons for older HOAs to consider opting into WUCIOA.
Section 8
Fine procedures differ meaningfully between the two statutes.
Chapter 64.38 does not include a detailed fine procedure. Fines are governed by the declaration and bylaws. Best practice — and what Washington courts expect — is written notice, an opportunity to cure, a hearing opportunity, and a written decision.
RCW 64.90.410 establishes a detailed notice-and-hearing procedure for fines:
Written notice of the alleged violation
Describe the violation, cite the specific covenant or rule, state the proposed fine amount, and inform the owner of their right to a hearing.
Reasonable opportunity to cure
The owner must have a reasonable period to correct the violation before a fine is assessed (unless the violation is not curable).
Hearing before the board or committee
The owner has the right to appear, present evidence, and contest the violation. The hearing must be scheduled with reasonable advance notice.
Written decision
The board delivers its decision in writing, including the reasons and the fine amount.
Neither Washington statute sets a statutory per-violation fine cap. Amounts are controlled by the declaration and adopted rules. Fines must be reasonable and proportionate — Washington courts will not enforce fines that appear punitive.
Both statutes permit the association to suspend common-area use rights as a consequence of violations or delinquent assessments. The same notice-and-hearing process should be followed.
Section 9
Election rules are governed by the bylaws, the Nonprofit Corporation Act (Chapter 24.03A RCW), and, for WUCIOA communities, specific provisions in Chapter 64.90.
An annual member meeting is required. Notice must be sent at least 14 days but not more than 60 days before the meeting. The notice must include the agenda and identify open board positions.
Members may vote in person, by proxy, or (under WUCIOA) by absentee ballot. Proxies must be in writing, signed, and dated. The Nonprofit Corporation Act defaults proxy validity to 11 months.
WUCIOA requires a secret ballot for contested board elections if requested by any candidate or member. Chapter 64.38 does not require secret ballots — the declaration or bylaws control.
The quorum for a member meeting is set in the bylaws. If not specified, the Nonprofit Corporation Act defaults to 10% of the voting members. Many Washington declarations set the quorum higher.
A director may be removed with or without cause by majority vote at a meeting called for that purpose, with at least 14 days' notice.
Section 10
Washington law limits HOA restrictions on solar energy panels. The HOA may adopt reasonable aesthetic guidelines but cannot prohibit installation or impose conditions that significantly increase cost or reduce efficiency.
The U.S. flag, Washington state flag, and service-branch flags may be displayed. The HOA may regulate size and placement but cannot prohibit display.
Washington protects the right of owners to install EV charging equipment. The HOA may set reasonable installation standards and require liability insurance but cannot prohibit installation outright.
Homeowners may display reasonable "for sale" signs. The HOA may adopt size and placement rules but cannot prohibit display.
Washington law generally permits political signs during election season. The HOA may adopt reasonable size, number, and timing rules.
Federal law preempts HOA restrictions on satellite dishes under 1 meter installed within the owner's exclusive-use area.
Section 11
Run through this list at every board transition and the start of each fiscal year.
Confirm which statute applies — Chapter 64.38 or WUCIOA
Based on the community's creation date (July 1, 2018 dividing line) or whether the community has opted into WUCIOA.
Declaration, bylaws, and articles centrally stored and accessible
Including all recorded amendments.
Board meeting notices sent per statute (7 days for WUCIOA, reasonable for Ch. 64.38)
14–60 days for annual/special member meetings. Include an agenda.
Written minutes of every board and member meeting
WUCIOA: available within 30 days. Chapter 64.38: reasonable availability. Retain at least 7 years.
Annual budget adopted and summary distributed (WUCIOA: within 30 days)
WUCIOA budget becomes effective unless members reject it at a meeting within 60 days.
Reserve study conducted every 3 years (WUCIOA) — best practice for Ch. 64.38
Professionally prepared. Component inventory, useful life, replacement cost, funding plan.
Records available within 10 business days (WUCIOA) or reasonable time (Ch. 64.38)
Copies at actual cost. No charge for staff time to locate records.
Demand letter sent before recording any assessment lien
Best practice — WA does not set a specific statutory deadline but 30 days' notice is standard.
Fine process follows RCW 64.90.410 (WUCIOA) or declaration (Ch. 64.38)
Written notice, opportunity to cure, hearing, written decision.
Elections held per bylaws with proper notice and secret ballot if required
WUCIOA requires secret ballot for contested elections if requested.
Resale certificate delivered within 10 days (WUCIOA)
Current balance, pending assessments, reserve disclosure, insurance, known violations.
Protected rights not being restricted
Solar panels, flags, EV charging, for-sale signs, political signs — verify no active enforcement.
Super-lien awareness (WUCIOA)
6 months of assessments have priority over first mortgage. Handle foreclosure with qualified legal counsel.
Consider opting into WUCIOA if governed by Chapter 64.38
Benefits include super-lien, mandatory reserve studies, and detailed fine/dispute procedures.
HOA Base for Washington Associations
Whether your community is governed by Chapter 64.38 or WUCIOA, HOA Base handles both — supporting the statutory procedural requirements and declaration-based obligations with audit trails and deadline tracking.
Track every major component, remaining useful life, and replacement cost. HOA Base flags when the 3-year study is due and surfaces the funding plan for budget season.
Schedule a board meeting and the 7-day notice goes out automatically with the agenda. 14-day member meeting notices handled the same way.
For WUCIOA associations, HOA Base tracks the 60-day rejection window and notifies members of budget summary distribution automatically.
Document violations, send the notice, track the cure period and hearing, and record the decision — with the RCW 64.90.410 procedure built into the workflow.
Every community gets a branded portal with governing documents, budgets, and meeting minutes. WUCIOA 10-business-day records SLA tracked automatically.
For WUCIOA associations, HOA Base assembles resale certificates from live data — balances, reserves, insurance — with the 10-day SLA tracked.
Free setup, free migration, public pricing starting at $49/month.
FAQ
It depends on when your community was created. Communities created before July 1, 2018 are governed by Chapter 64.38 RCW (the Washington HOA Act). Communities created on or after July 1, 2018 are governed by Chapter 64.90 RCW (WUCIOA, the Washington Uniform Common Interest Ownership Act). Older communities may amend to opt into WUCIOA.
The Washington Uniform Common Interest Ownership Act, enacted in 2018 as Chapter 64.90 RCW. It's a comprehensive modern HOA statute modeled on the Uniform Common Interest Ownership Act. It governs HOAs, condos, and co-ops created on or after July 1, 2018.
Yes, for WUCIOA communities. Under RCW 64.90.545, a professional reserve study is required every 3 years with annual updates. Chapter 64.38 HOAs are not required by statute to conduct reserve studies, though best practice and most declarations require them.
Yes, but only for WUCIOA communities. Under RCW 64.90.705, the HOA's lien for up to 6 months of unpaid assessments has priority over a first mortgage. Chapter 64.38 HOAs do not have a super-lien — their lien is fully subordinate.
Under WUCIOA: at least 7 days with an agenda. Under Chapter 64.38: 'reasonable notice,' typically 48 hours to 7 days per bylaws. For annual and special member meetings, both statutes require 14 to 60 days.
Yes, through either judicial or nonjudicial foreclosure if the declaration grants a power of sale. Nonjudicial foreclosure follows RCW 61.24: 30-day notice of default plus 90-day notice of sale.
Under WUCIOA: 10 business days. Under Chapter 64.38: a reasonable time. Copies at actual cost of reproduction.
No. RCW 64.38.055 limits HOA restrictions on solar energy panels. The HOA may adopt reasonable aesthetic guidelines but cannot prohibit installation.
No. Washington does not have a state agency, ombudsman, or administrative complaint process for HOAs. Disputes are resolved through internal hearings, mediation, or the courts.
Yes. Communities created before July 1, 2018 may amend their declaration to opt into WUCIOA. This requires approval at the supermajority threshold in the declaration (commonly 67%). Many older communities have opted in for the super-lien, mandatory reserve studies, and detailed governance framework.
HOA Base was built for the volunteer board member who didn't ask for this job. Meeting notices, reserve tracking, collection workflows, fine hearings, resale certificates — all of it in one system the next board can inherit.
Serving HOA boards across Washington — Seattle, Bellevue, Tacoma, Spokane, Redmond, Sammamish, Vancouver, and beyond.