Washington HOA Architectural Review

Section 1: Overview — How architectural review works in Washington

Washington sorts each community into one of four statutes, and the choice turns on two things: the community's type and the date it formed. Architectural authority itself starts in the recorded declaration, which the board — or an architectural committee — administers.¹ The modern statute is the Washington Uniform Common Interest Ownership Act, or WUCIOA, codified at RCW 64.90, which took effect July 1, 2018. Three legacy statutes still govern older communities.

To place a community, start with its type and the date its declaration was recorded. WUCIOA governs common interest communities created on or after July 1, 2018, and older communities that opt in. The Washington Condominium Act (RCW 64.34) governs condominiums created between July 1, 1990 and June 30, 2018. The Horizontal Property Regimes Act (RCW 64.32) governs condominiums created before July 1, 1990. And the Homeowners' Associations Act (RCW 64.38) governs planned-community HOAs formed before July 1, 2018 — the statute most established Washington HOAs still follow today.²

The framework is consolidating. A 2024 law — Engrossed Substitute Senate Bill 5796, Chapter 321, Laws of 2024 — repeals the three legacy statutes and the Land Development Act effective January 1, 2028, and moves every community to WUCIOA regardless of when it formed.³ The legacy statutes stay in effect through December 31, 2027.

WUCIOA protects two installations in particular. An association may require reasonable architectural review, but it may not prohibit a qualifying solar panel or unreasonably restrict an electric-vehicle charging station.^4,5 Disputes run through the Washington Superior Courts; appeals go to the Washington Court of Appeals, which sits in three divisions — Division I in Seattle, Division II in Tacoma, and Division III in Spokane — and the Washington Supreme Court has the last word.⁶ Washington keeps no dedicated state HOA regulator and does not license community association managers.⁷ The sections that follow lay out the framework, the compliance obligations, and the recent activity.

Section 2: The architectural-review framework

2A. Source and scope of architectural authority

Architectural control starts in the recorded declaration, which the board or an architectural committee administers. WUCIOA sets the terms: if the declaration provides for it, an association may adopt rules to establish and enforce construction, design, and aesthetic standards — and once it does, it must adopt procedures for enforcement and for approving construction applications, including a reasonable time within which the association must act.⁸ The statute supplies the authority; the declaration supplies the substance.

Which statute governs still depends on community type and formation date. WUCIOA (RCW 64.90) covers communities created on or after July 1, 2018, and communities that amend their declaration to opt in.² Before January 1, 2028, WUCIOA reaches only those communities.² The Washington Condominium Act (RCW 64.34) covers condominiums created from July 1, 1990 through June 30, 2018.⁹ The Horizontal Property Regimes Act (RCW 64.32) covers condominiums created before July 1, 1990.¹⁰ The Homeowners' Associations Act (RCW 64.38) covers planned-community HOAs formed before July 1, 2018.¹¹ Most associations are also nonprofit corporations under the Washington Nonprofit Corporation Act (RCW 24.03A), which supplies the corporate governance mechanics.¹² A pre-2018 community stays under its legacy statute unless it opts in; WUCIOA does not displace the legacy statute automatically before the 2028 transition.

The 2028 transition is the defining feature. ESSB 5796 (Chapter 321, Laws of 2024) repeals RCW 64.32, RCW 64.34, RCW 64.38, and the Land Development Act (RCW 58.19) effective January 1, 2028, and moves every Washington common interest community to WUCIOA.³ The legacy chapters' disposition notes record the repeal.¹³ On the transition date, declaration and bylaw provisions that conflict with WUCIOA give way by operation of law.

Two WUCIOA provisions already reach every community. RCW 64.90.525 — budgets and assessments — supersedes conflicting governing-document provisions for plat and miscellaneous communities that the HOA Act previously covered.^14,15 And ESSB 5129 extended the reserve-study requirement of RCW 64.90.545 to all communities effective January 1, 2026.^16,17 The order of precedence runs from the applicable statute, to the recorded declaration, to the bylaws, to the rules and architectural guidelines — with the statute controlling any conflict.

2B. The approval process and standards

Washington sets no standalone statutory deadline for deciding a general architectural application, and it imposes no general deemed-approval rule. The process flows from the recorded declaration and from the association's rule-making power under RCW 64.90.505.⁸ The one statutory timing rule covers a specific improvement: an EV-charging application, processed like an architectural modification, is deemed approved if the association does not deny it in writing within 60 days — unless the delay traces to a reasonable request for more information.⁵

The governing standard is reasonableness. Washington enforces valid recorded covenants and rules adopted under statutory authority, and architectural standards should be reasonable, applied consistently, and grounded in the declaration. WUCIOA directs that a board may not act arbitrarily or capriciously when it enforces.¹⁸ For solar and EV-charging installations, the association may require reasonable architectural review but may not prohibit a qualifying solar panel or unreasonably restrict a charging station.^4,5

Enforcement varies by statute. WUCIOA lets the board enforce the governing documents and — after notice and an opportunity to be heard — impose and collect reasonable fines under a fine schedule it adopted and published in advance, backed by an assessment lien.^18,19 The legacy statutes are leaner: they rest fining authority on RCW 64.38.020(11) for HOAs and RCW 64.34.304 for condominiums, and they lean more heavily on the declaration.¹¹

For the professional reader, the practical sequence runs like this: identify the governing statute by type and formation date; prepare for the 2028 transition by measuring the governing documents against WUCIOA; ground the architectural process in the declaration and adopt written procedures with a reasonable decision timeline; and apply reasonable architectural review to protected installations without unreasonable denial.

2C. Statutory and federal limits on architectural authority

Solar is protected. Under WUCIOA, an association may not prohibit a solar energy panel on or within a unit as long as the panel meets applicable health and safety standards; the association may still adopt reasonable rules on placement and manner — for instance, requiring frames or wiring to be painted to coordinate with the roofing.⁴ The legacy HOA Act carries a parallel protection at RCW 64.38.055, which applies retroactively to any governing document in effect on July 26, 2009.²⁰

EV charging is protected. WUCIOA (RCW 64.90.513) gives an owner the right to install a charging station within a unit or a designated parking space, lets the association require an application processed like an architectural modification, and bars restrictions that effectively prohibit or unreasonably restrict installation.⁵ The legacy statutes added comparable EV provisions in 2022, including RCW 64.38.062 for HOAs.²¹

Signs, flags, and landscaping face limits too. WUCIOA bars an association from prohibiting the display of signs about candidates or ballot issues, subject to reasonable placement and manner rules, and the legacy HOA Act protects political yard signs before an election under RCW 64.38.034.^4,22 Both WUCIOA and the legacy HOA Act bar prohibiting drought-resistant, pollinator, or wildfire-resistant landscaping, though the WUCIOA provision does not reach condominium associations.^23,24 Several Washington cities also restrict tree removal on private property by local ordinance — Seattle under Seattle Municipal Code Chapter 25.11 (as updated by Ordinance No. 126821, effective July 30, 2023), and Bellevue, which requires a permit to remove a landmark tree (generally 24 inches or more in diameter) or a significant tree (6 inches or more in diameter). These are local ordinances, not state HOA law.²⁵ The federal Freedom to Display the American Flag Act of 2005 applies to flag display as well.²⁶

The federal overlays add to state law rather than replace it. The Freedom to Display the American Flag Act of 2005 permits reasonable time, place, and manner restrictions; the FCC's OTARD rule (47 C.F.R. § 1.4000) limits restrictions on covered antennas and satellite dishes one meter or less within an owner's exclusive-use area; and the Fair Housing Act's reasonable-modification right (42 U.S.C. § 3604(f)(3)(A)) requires associations to permit owner-funded modifications where they are reasonable and necessary.^26,27,28 The federal frameworks warrant a fuller treatment of their own.

Section 3: Compliance obligations in the architectural-review process

A. Adopting and maintaining architectural standards

Architectural standards come from the recorded declaration; the duty to have them is contractual, not statutory. Under WUCIOA, an association may adopt construction, design, and aesthetic rules only if the declaration authorizes it, and it must then adopt enforcement and approval procedures, including a reasonable decision timeline — statutory authorization, but a declaration-dependent trigger (RCW 64.90.505(3)).⁸ Under the legacy statutes, architectural authority rests almost entirely on the declaration.¹¹

B. Reviewing and deciding applications

For most applications, the review process and any decision deadline come from the declaration, because neither WUCIOA nor the legacy statutes impose a general deemed-approval rule. The one statutory timing obligation covers EV-charging applications, which WUCIOA deems approved if the association does not deny them in writing within 60 days (RCW 64.90.513(3)); the legacy EV provisions impose comparable duties.^5,21 Decisions must not be arbitrary or capricious — a statutory command under WUCIOA (RCW 64.90.405).¹⁸

C. Honoring statutory and federal owner protections

Associations must honor several statutory carve-outs. They may not prohibit solar panels that meet health and safety standards (WUCIOA RCW 64.90.510(3); legacy RCW 64.38.055).^4,20 They may not unreasonably restrict EV charging stations (WUCIOA RCW 64.90.513; legacy RCW 64.38.062).^5,21 They must protect political and campaign signs, subject to reasonable rules (WUCIOA RCW 64.90.510(2); legacy RCW 64.38.034).^4,22 And they must protect drought-resistant and wildfire-resistant landscaping (WUCIOA RCW 64.90.512; legacy RCW 64.38.057).²³ The federal overlays add to these: the Flag Act, the FCC OTARD rule, and the Fair Housing Act reasonable-modification right.^26,27,28

D. Enforcement and dispute resolution

Under WUCIOA, the enforcement obligation is statutory: the board may impose fines only after notice and an opportunity to be heard, under a fine schedule adopted and published in advance, and it may secure unpaid amounts with an assessment lien (RCW 64.90.405(2)(l); RCW 64.90.485).^18,19 Under the legacy statutes, fining authority is statutory but leaner (RCW 64.38.020(11); RCW 64.34.304), and it leans on the declaration for procedure.¹¹ Washington has no dedicated state HOA regulator and no licensing requirement for community association managers; managers are exempt from real-estate broker licensure under RCW 18.85.151, and disputes resolve in the Superior Courts or through private mediation.⁷

Section 4: Recent legislative and judicial activity

A. Recent bills

B. Recent rulings

C. Active legislative debates

The Legislature has amended WUCIOA in back-to-back sessions — SB 5796 in 2024 and SB 5129 in 2025 — and further technical amendments to WUCIOA and to the 2028 transition mechanics remain likely as the phase-in continues. For the current window, though, no new enacted architectural carve-out is confirmed.

Section 5: National positioning and related coverage

Washington is a layered, four-statute state consolidating into a single uniform act. Until January 1, 2028, the governing statute depends on community type and formation date: WUCIOA (RCW 64.90) covers communities created on or after July 1, 2018, and three legacy statutes cover the older ones. WUCIOA protects solar and EV charging subject to reasonable architectural review, applies its budget and reserve-study provisions retroactively to all communities, and channels appeals through a three-division Court of Appeals. For a multi-state operator, the practical implication is concrete: in Washington, first identify the governing statute by type and formation date, prepare for the 2028 consolidation under WUCIOA, honor the solar and EV protections, and expect any appeal to run to the Washington Court of Appeals. That places Washington between light-touch states such as South Dakota, which leaves most architectural questions to the declaration, and the single comprehensive Davis-Stirling framework in California.

HOA Weekly updates its Washington architectural-review coverage quarterly as the Legislature, the Washington Court of Appeals, and the Washington Supreme Court act, with particular attention to the January 1, 2028 transition to WUCIOA. Federal frameworks — including the Freedom to Display the American Flag Act, the FCC OTARD rule, and the Fair Housing Act — apply to Washington associations on top of state law.

1. Washington State Legislature, Revised Code of Washington § 64.90.505, Rules — Notice (WUCIOA rule-making and architectural authority) ↩
2. Washington State Legislature, Revised Code of Washington § 64.90.360, Applicability to common interest communities (WUCIOA applies to communities created on or after July 1, 2018, and opt-ins) ↩
3. Washington State Legislature, Engrossed Substitute Senate Bill 5796, ch. 321, Laws of 2024, 2024 Regular Session (repeals RCW ch. 64.32, 64.34, 64.38, and 58.19 effective January 1, 2028) ↩
4. Washington State Legislature, Revised Code of Washington § 64.90.510, Flag, signs, and solar energy panels (WUCIOA) ↩
5. Washington State Legislature, Revised Code of Washington § 64.90.513, Electric vehicle charging stations (60-day deemed approval) ↩
6. Washington State Legislature, Revised Code of Washington ch. 2.06, Court of Appeals (three divisions: Seattle, Tacoma, Spokane) ↩
7. Washington State Legislature, Revised Code of Washington § 18.85.151, Exemptions from licensing (common interest community managers exempt from real-estate broker licensure) ↩
8. Washington State Legislature, Revised Code of Washington § 64.90.505(3), Rules — Notice (construction and design criteria; procedures including a reasonable time to act) ↩
9. Washington State Legislature, Revised Code of Washington ch. 64.34, Washington Condominium Act ↩
10. Washington State Legislature, Revised Code of Washington ch. 64.32, Horizontal Property Regimes Act ↩
11. Washington State Legislature, Revised Code of Washington ch. 64.38, Homeowners' Associations (including § 64.38.020(11) fining authority) ↩
12. Washington State Legislature, Revised Code of Washington ch. 24.03A, Washington Nonprofit Corporation Act ↩
13. Washington State Legislature, Revised Code of Washington ch. 64.38 Dispositions (sections repealed by 2024 c 321, effective January 1, 2028) ↩
14. Washington State Legislature, Revised Code of Washington § 64.90.525, Budgets — Assessments — Special assessments ↩
15. Washington State Legislature, Revised Code of Washington § 64.90.365, Common interest communities — Exceptions (supersession of governing documents for pre-2018 plat and miscellaneous communities) ↩
16. Washington State Legislature, Revised Code of Washington § 64.90.545, Reserve study ↩
17. Washington State Legislature, Engrossed Substitute Senate Bill 5129, ch. 119, Laws of 2025, 2025 Regular Session (accelerates WUCIOA provisions to January 1, 2026; raises small-community exemption) ↩
18. Washington State Legislature, Revised Code of Washington § 64.90.405, Powers and duties (fining after notice and opportunity to be heard; no arbitrary or capricious enforcement) ↩
19. Washington State Legislature, Revised Code of Washington § 64.90.485, Liens — Enforcement ↩
20. Washington State Legislature, Revised Code of Washington § 64.38.055, Governing documents — Solar panels (legacy; retroactive to July 26, 2009) ↩
21. Washington State Legislature, Revised Code of Washington § 64.38.062, Electric vehicle charging stations (legacy HOA Act) ↩
22. Washington State Legislature, Revised Code of Washington § 64.38.034, Political yard signs — Governing documents (legacy) ↩
23. Washington State Legislature, Revised Code of Washington § 64.90.512, Installation of drought resistant landscaping, pollinator habitat, or wildfire ignition resistant landscaping (WUCIOA; excludes condominium associations) ↩
24. Washington State Legislature, Revised Code of Washington § 64.38.057, Governing documents — Drought resistant landscaping, pollinator habitat, wildfire ignition resistant landscaping (legacy) ↩
25. Seattle Municipal Code ch. 25.11, Tree Protection (Ordinance No. 126821, effective July 30, 2023) (local ordinance, not state HOA law) ↩
26. Freedom to Display the American Flag Act of 2005, 4 U.S.C. § 5 note ↩
27. 47 C.F.R. § 1.4000, Over-the-Air Reception Devices (OTARD) rule ↩
28. 42 U.S.C. § 3604(f)(3)(A), Fair Housing Act reasonable-modification right ↩
29. View Ridge Estates Homeowners Ass'n v. Guetter, 30 Wn. App. 2d 612, 546 P.3d 463 (Wash. Ct. App. Div. I 2024) ↩
30. Landesberg v. Fairway Village Homeowners Ass'n, 30 Wn. App. 2d 91, 546 P.3d 502 (Wash. Ct. App. Div. II 2024) ↩