Washington HOA Laws: A Board’s Guide to WUCIOA

If your board runs a common interest community in Washington, the law that governs you depends on when your community was created. Newer communities generally fall under the Washington Uniform Common Interest Ownership Act (WUCIOA), RCW 64.90, while many older homeowners associations still operate under the older Homeowners’ Associations chapter, RCW 64.38. Some older associations have also opted into WUCIOA. Figuring out which one applies to you is the first and most important step.

A quick disclaimer: this is general information, not legal advice. Read your own governing documents — the declaration, CC&Rs, and bylaws — alongside the current statute, and consult a qualified Washington attorney for anything specific. Laws change, so treat this as a starting point rather than the final word.

What WUCIOA covers — and which law applies

WUCIOA is a comprehensive, uniform-style statute that governs condominiums, cooperatives, and plat communities created after it took effect. It’s more detailed than the older RCW 64.38, so if your community is on WUCIOA you’ll generally find more specific rules on meetings, budgets, and owner rights.

• Newer communities: WUCIOA, RCW 64.90
• Many older homeowners associations: RCW 64.38
• Some older associations that have amended to opt into WUCIOA
• Condominiums created under earlier acts may also have their own governing chapter
• When in doubt, confirm with a Washington attorney which statute binds your board

Meetings and notice

Under WUCIOA, board meetings are generally open to owners, with limited exceptions where the board may meet in closed session — for example, for legal advice, personnel, or an individual owner’s account. Owners are entitled to notice and, in most cases, a chance to comment before the board acts.

Older associations under RCW 64.38 have their own, somewhat lighter, meeting and notice rules. Whichever applies, your bylaws may require more notice than the statute; follow the longer requirement, and confirm the current period rather than relying on an exact day-count from memory.

Records and inspection rights

Both Washington statutes give owners the right to inspect association records, though WUCIOA spells out the categories and procedures in more detail. The association can adopt reasonable procedures and charge for copies, and a narrow set of records may be withheld, but access is the default.

• Financial statements, bank records, and the ledger
• Meeting minutes and records of board decisions
• The budget and reserve study
• Contracts and insurance policies
• Certain items may be withheld — for example, privileged legal advice or other owners’ personal information

Budgets, reserves, and financial disclosures

WUCIOA puts real emphasis on budgets and reserves. It generally directs associations to prepare and periodically update a reserve study, to disclose reserve funding to owners, and to adopt budgets through a ratification process — the board proposes a budget and it takes effect unless owners reject it at a meeting. This gives owners a check without letting a handful of people block funding.

Older RCW 64.38 associations have reserve-study and disclosure provisions too, though they differ in the details. Either way, keeping the reserve study current is one of the best ways a volunteer board can avoid surprise special assessments and defend the assessments it does levy.

Elections and board governance

WUCIOA sets expectations for fair elections and for the conduct of directors, who are expected to act in good faith and in the association’s interest. Owners generally have the right to run, to vote, and to receive notice of elections. If a declarant still controls the community, the statute and your declaration govern the transition to owner control.

Because the two Washington statutes handle governance somewhat differently, read the election and voting provisions of the law that actually applies to you — next to your bylaws — before each annual meeting.

Fines, enforcement, and due process

Washington associations can enforce their rules and impose fines, but fair process comes first. Before a fine is final, the owner is generally entitled to notice and an opportunity to be heard. WUCIOA is more prescriptive about enforcement procedures than the older chapter, so match your enforcement policy to whichever statute governs your community.

• Give written notice of the violation and the rule it breaks
• Offer the owner a chance to be heard before the fine is final
• Apply enforcement consistently across owners
• Keep records of notices, hearings, and decisions
• Understand the rules on liens and foreclosure before pursuing unpaid amounts

Notable Washington requirements

The single most important thing for a Washington board is knowing which statute applies — WUCIOA under RCW 64.90 or the older RCW 64.38 — because the rules on budgets, reserves, records, and enforcement differ between them. Washington law also limits certain restrictions, such as bans on solar energy devices, and provides protections that may override conflicting language in your CC&Rs. When your documents seem to collide with state law, confirm with a Washington attorney before enforcing them.

How Stewardly helps Washington boards

Stewardly is built for self-managed Washington boards running everything themselves. It doesn’t give legal advice or guarantee compliance with WUCIOA or RCW 64.38, but it handles the repetitive administrative work so volunteers can focus on the decisions that need a human.

• Collect dues online instead of chasing checks
• Let residents ask questions and get answers drawn from your governing documents, with citations to the source
• Turn rough meeting notes into a clean first draft of the minutes
• Manage association finances with automatic flags on unusual transactions
• Log a delivered package straight from a photo
• Give homeowners a portal for documents and announcements
• Keep records searchable and in one place
• Flat price per community, with a 30-day free trial and no credit card required