Washington HOA Laws

There are different Acts that govern homeowners associations and condominiums in Washington. It is important to understand these Washington HOA laws to prevent legal problems.

For Common Interest Communities

The Washington Uniform Common Interest Ownership Act governs the creation, management, operation, and termination of common interest communities formed in the state after July 1, 2018. This includes condominiums, planned communities, and cooperatives.

You can find the Washington Uniform Common Interest Ownership Act under Chapter 64.90 of the Washington Revised Code. It consists of four sections, listed below.

Section I – Definitions, Applicability, and other General Provisions

• Definitions.
• No variation by agreement.
• Separate titles and taxation.
• Applicability of local ordinances, regulations, and building codes.
• Eminent domain.
• Supplemental general principles of law applicable.
• Construction against implicit repeal.
• Application—Construction.
• Unconscionable agreement or term of contract.
• Obligation of good faith.
• Remedies.
• Adjustment of dollar amounts.
• Electronic signatures in global and national commerce act.
• Common interest communities, new.
• Common interest communities, preexisting.
• Common interest communities, amendments to.
• Prior condominium statutes.
• Election of preexisting common interest communities.
• Common interest communities, nonresidential and mixed-use.
• Common interest communities, out-of-state.
• Exempt real estate arrangements.
• Other exempt covenants.

Section II – Creation, Alteration, and Termination of Common Interest Communities

• Common interest communities, creation of.
• Reservation of name.
• Unit boundaries.
• Construction and validity of governing documents.
• Description of units.
• Declaration—Contents.
• Leasehold common interest communities.
• Allocated interests.
• Limited common elements.
• Maps—Exception—Amendments—Requirements—Recording.
• Development rights.
• Common elements and units—Alterations.
• Unit boundaries—Relocation.
• Subdivision and combination of units.
• Monuments as boundaries.
• Sales purposes.
• Easement and use.
• Amendment of declaration.
• Termination.
• Rights of secured lenders.
• Master association.
• Delegation of power to subassociations.
• Merger or consolidation.
• Addition of unspecified real estate.
• Large scale communities.
• Judicial termination.

Section III – Management of The Common Interest Community

• Unit owners association—Organization.
• Powers and duties.
• Board members, officers, and committees.
• Period of declarant control—Transition.
• Transfer of association property.
• Transfer of special declarant rights.
• Contracts and leases—Termination.
• Organizational documents.
• Maintenance, repair, replacement—Liability of unit owner—Inspection.
• Meetings.
• Quorum.
• Unit owner voting.
• Liability—Tolling.
• Conveyance or encumbrance of common elements.
• Insurance.
• Accounts and records—Reconciliation.
• Assessments and capital contributions.
• Liens—Enforcement.
• Other liens.
• Association records.
• Association as trustee.
• Rules—Notice.
• Regulatory authority—Limitations—Governing documents—Association may adopt certain rules.
• Installation of drought resistant landscaping or wildfire ignition resistant landscaping.
• Notice.
• Officers and board members—Removal.
• Budgets—Assessments—Special assessments.
• Financial statements—Association funds.
• Reserve accounts.
• Reserve account—Withdrawals.
• Reserve study.
• Reserve study—Contents.
• Reserve study—Demand—Enforcement.
• Reserve account—Reserve study—Reserve disclosure—Liability.

Section IV – Protection of Purchasers

• Applicability—Waiver.
• Public offering statement—Liability.
• Public offering statement—General provisions—Notice.
• Public offering statement—Common interest communities subject to development rights.
• Public offering statement—Conversion buildings.
• Public offering statement—Disclosure document.
• Public offering statement—Contract of sale—Conveyance restriction.
• Purchaser’s right to cancel.
• Unit resales—Resale certificate.
• Earnest money deposit, reservation deposit—Escrow.
• Liens—Release.
• Conversion buildings—Tenant rights—City and county requirements—Violations.
• Conversion buildings—Common interest community units—Report.
• Express warranties.
• Implied warranties of quality.
• Implied warranties of quality—Exclusion or modification.
• Warranties of quality—Breach—Actions for construction defect claims.
• Action to enforce right granted, obligation imposed—Court may award reasonable attorneys’ fees and costs—Alternative dispute resolution allowed.
• Promotional material—Labeling requirement.
• Improvements—Duties of declarant.
• Short title.
• Effective date.

For Condominiums

There are two Acts that apply to condominium associations in Washington. The first is the Horizontal Property Regimes Act, which regulates the creation, operation, management, and powers of horizontal property regimes that explicitly opt to follow this Act by recording a declaration or master deed.

The second is the Washington Condominium Act, which regulates the creation, alteration, management, and termination of condominiums established after July 1, 1990.

Horizontal Property Regimes Act

You can find the Horizontal Property Regimes Act under Title 64, Chapter 64.32 of the Washington Revised Code. It consists of the following sections:

• Definitions.
• Application of chapter.
• Apartments and common areas declared real property.
• Ownership and possession of apartments and common areas.
• Common areas and facilities.
• Compliance with covenants, bylaws, and administrative rules and regulations.
• Liens or encumbrances—Enforcement—Satisfaction.
• Common profits and expenses.
• Contents of declaration.
• Copy of survey map, building plans to be filed—Contents of plans.
• Ordinances, resolutions, or zoning laws—Construction.
• Contents of deeds or other conveyances of apartments.
• Mortgages, liens or encumbrances affecting an apartment at time of first conveyance.
• Recording.
• Removal of property from provisions of chapter.
• Removal of property from provisions of chapter—No bar to subsequent resubmission.
• Records and books—Availability for examination—Audits.
• Exemption from liability for contribution for common expenses prohibited.
• Separate assessments and taxation.
• Assessments for common expenses—Enforcement of collection—Liens and foreclosures—Liability of mortgagee or purchaser.
• Conveyance—Liability of grantor and grantee for unpaid common expenses.
• Insurance.
• Destruction or damage to all or part of property—Disposition.
• Actions.
• Application of chapter, declaration and bylaws.
• Applicability to common interest communities.
• Short title.
• Construction of term “this chapter.”
• Severability—1963 c 156.

Washington Condominium Act

You can find the Washington Condominium Act under Chapter 64.34 of the Washington Revised Code. It contains five articles, each one divided further into sections.

Article 1 – General Provisions

• Findings—Intent—2004 c 201.
• Applicability.
• Definitions.
• Variation by agreement.
• Separate interests—Taxation.
• Local ordinances, regulations, and building codes—Applicability.
• Condemnation.
• Law applicable—General principles.
• Application of chapter 64.55 RCW.
• Application to common interest communities.
• Contracts—Unconscionability.
• Obligation of good faith.
• Remedies liberally administered.

Article 2 – Creation, Alteration, And Termination of Condominiums

• Creation of condominium.
• Reservation of condominium name.
• Unit boundaries.
• Declaration and bylaws—Construction and validity.
• Description of units.
• Contents of declaration.
• Leasehold condominiums.
• Common element interests, votes, and expenses—Allocation.
• Limited common elements.
• Survey maps and plans.
• Development rights.
• Alterations of units.
• Relocation of boundaries—Adjoining units.
• Subdivision of units.
• Monuments as boundaries.
• Use by declarant.
• Easement rights—Common elements.
• Amendment of declaration.
• Termination of condominium.
• Rights of secured lenders.
• Master associations.
• Delegation of power to subassociations.
• Merger or consolidation.

Article 3 – Management of Condominium

• Unit owners’ association—Organization.
• Unit owners’ association—Powers.
• Board of directors and officers.
• Control of association—Transfer.
• Special declarant rights—Transfer.
• Contracts and leases—Declarant—Termination.
• Bylaws.
• Upkeep of condominium.
• Meetings.
• Quorums.
• Voting—Proxies.
• Tort and contract liability.
• Common elements—Conveyance—Encumbrance.
• Insurance.
• Insurance—Conveyance.
• Surplus funds.
• Common expenses—Assessments.
• Lien for assessments.
• Liens—General provisions.
• Association records—Funds.
• Association as trustee.
• Reserve account—Reserve study—Annual update.
• Reserve study—Contents.
• Reserve account—Withdrawals.
• Reserve study—Demand by owners—Study not timely prepared.
• Reserve study—Decision making.
• Reserve study—Reserve account—Immunity from liability.
• Reserve account and study—Exemption—Disclosure.
• Installation of drought resistant landscaping or wildfire ignition resistant landscaping.

Article 4 – Protection of Condominium Purchasers

• Applicability—Waiver.
• Public offering statement—Requirements—Liability.
• Public offering statement—General provisions.
• Public offering statement—Conversion condominiums.
• Public offering statement—Use of single disclosure document.
• Public offering statement—Contract of sale—Restriction on interest conveyed.
• Purchaser’s right to cancel.
• Resale of unit.
• Escrow of deposits.
• Release of liens—Conveyance.
• Conversion condominiums—Notice—Tenants—Relocation assistance.
• Conversion condominium projects—Report.
• Express warranties of quality.
• Implied warranties of quality—Breach.
• Implied warranties of quality—Exclusion—Modification—Disclaimer—Express written warranty.
• Warranties of quality—Breach—Actions for construction defect claims.
• Effect of violations on rights of action—Attorney’s fees.
• Labeling of promotional material.
• Improvements—Declarant’s duties.

Article 5 – Miscellaneous

• Short title.
• Section captions.
• Effective date—1989 c 43.
• Effective date—2004 c 201 §§ 1-13.
• Construction against implicit repeal.
• Uniformity of application and construction.

Washington HOA Laws on Corporate Governance

The Washington Nonprofit Corporation Act applies to non-profit corporations in the state. Condominiums and homeowners associations that establish themselves as non-profit corporations must adhere to the provisions of this Act in terms of corporate structure, management, and procedure.

You can find the Washington Nonprofit Corporation Act under Title 24, Chapter 24.03 of the Washington Revised Code. It consists of the following sections:

• Definitions.
• Notice by electronic transmission—Consent required—When effective.
• Applicability.
• Purposes.
• Corporation may elect to have chapter apply to it—Procedure.
• Incorporators.
• Articles of incorporation.
• Filing false statements—Penalty.
• Limitations.
• General powers.
• Defense of ultra vires.
• Indemnification of agents of any corporation authorized.
• Corporate name.
• Reservation of exclusive right to use a corporate name.
• Registration of corporate name.
• Renewal of registration of corporate name.
• Registered agent.
• Change of registered agent.
• Service of process on corporation.
• Members—Member committees.
• Bylaws.
• Meetings of members and committees of members.
• Notice of members’ meetings.
• Voting.
• Quorum.
• Board of directors.
• Number and election or appointment of directors.
• Removal of directors.
• Judicial removal of directors.
• Vacancies.
• Quorum of directors.
• Assent presumed—Procedures for dissent or abstention.
• Committees.
• Place and notice of directors’ meetings.
• Officers.
• Duties of a director.
• Removal of officers.
• Required documents in the form of a record—Inspection—Copying.
• Loans to directors and officers prohibited.
• Filing of articles of incorporation.
• Effect of filing the articles of incorporation.
• Organization meetings.
• Right to amend articles of incorporation.
• Procedure to amend articles of incorporation.
• Articles of amendment.
• Filing of articles of amendment.
• Effect of filing of articles of amendment.
• Restated articles of incorporation.
• Procedure for merger.
• Procedure for consolidation.
• Approval of merger or consolidation.
• Articles of merger or consolidation.
• Merger or consolidation—When effective.
• Merger or consolidation of domestic and foreign corporation.
• Effect of merger or consolidation.
• Sale, lease, exchange, or other disposition of assets not in the ordinary course of business.
• Sale, lease, exchange, or disposition of assets in course of business—Mortgage and pledge of assets.
• Voluntary dissolution.
• Distribution of assets.
• Plan of distribution.
• Revocation of voluntary dissolution proceedings.
• Articles of dissolution.
• Filing of articles of dissolution.
• Involuntary dissolution.
• Notification to attorney general.
• Venue and process.
• Dissolution of a nonprofit corporation—Superior courts.
• Dissolution of a nonprofit corporation—Venue—Proceedings—Court’s authority—Distribution of assets.
• Dissolution of a nonprofit corporation—Decree.
• Filing of decree of dissolution.
• Survival of remedy after dissolution—Extension of duration of corporation.
• Administrative dissolution—Reinstatement—Survival of actions.
• Registration of foreign corporation—Authority to conduct affairs.
• Powers of foreign corporation—Effect of registration—Governing law.
• Corporate name of foreign corporation—Fictitious name.
• Foreign registration statement.
• Certificate of authority as insurance company—Filing of records.
• Certificate of authority as insurance company—Registration or reservation of name.
• Effect of foreign registration statement—Right of state to terminate registration.
• Registered agent of foreign corporation.
• Change of registered agent of foreign corporation.
• Service on foreign corporation.
• Merger of foreign corporation authorized to conduct affairs in this state.
• Amended foreign registration statement.
• Withdrawal of foreign corporation.
• Termination of registration.
• Conducting affairs without registering.
• Annual report of domestic and foreign corporations.
• Applicable fees, charges, and penalties.
• Fees for services by secretary of state.
• Penalties imposed upon corporation.
• Penalties imposed upon directors and officers.
• Interrogatories by secretary of state.
• Confidential nature of information disclosed by interrogatories.
• Power and authority of secretary of state.
• Duty of secretary of state to file—Review of refusal to file.
• Greater voting requirements.
• Waiver of notice.
• Action by members or directors without a meeting.
• Unauthorized assumption of corporate powers.
• Postsecondary education loans—Interest rates.
• Public benefit nonprofit corporation designation established.
• Public benefit nonprofit corporations—Temporary designation.
• Public benefit nonprofit corporations—Application.
• Public benefit nonprofit corporations—Renewal.
• Public benefit nonprofit corporations—Fees.
• Public benefit nonprofit corporations—Removal of status.
• Host home programs—Registration.
• Short title.
• Savings—1967 c 235.
• Notice to existing corporations.
• Repealer—Exception.
• Effective date—1967 c 235.

Washington HOA Laws on Fair Debt Collection

The HOA laws of Washington also cover fair debt collection. Under the Washington Consumer Protection Act, debt collectors may not engage in abusive, unfair, or misleading practices when attempting to collect a debt. It consists of similar provisions found in the federal Fair Debt Collection Practices Act.

Victims of misleading, unfair, or abusive debt collection practices may file a private lawsuit in state or federal court. They may also submit a complaint to the Federal Trade Commission, the Consumer Financial Protection Bureau, or the Washington Attorney General’s Office.

Washington HOA Laws on Solar Energy Devices

According to Section 64.38.055 of the Washington Revised Code, homeowners associations may not prohibit members from installing solar panels on their own property. However, associations may impose regulations concerning the placement and location of such devices. Additionally, homeowners must still go through the association’s architectural review process before installing solar energy devices.

Fair Housing

The Washington State Civil Rights Act protects people from housing discrimination based on race, national origin, sex, color, creed, sexual orientation, or military status. It also offers protection to families with children, persons with any sensory, physical, or mental disability, honorably discharged veterans and persons who use service animals.

Washington’s Fair Housing laws work similarly to the federal Fair Housing Act as well as the Americans with Disabilities Act. Housing discrimination victims can submit a complaint to the U.S. Department of Housing and Urban Development or the Washington State Human Rights Commission. They may also file a private lawsuit in state or federal court,