Washington HOA Governing Statute

Washington HOA Governing Statute

Overview — How HOAs are governed in Washington

Washington is doing something no other state has attempted on this scale: it is pulling every homeowners association, condominium, and common interest community into a single governing law. That deadline is January 1, 2028. And significant portions of that new law already kicked in on January 1, 2026.

The law doing the work is the Washington Uniform Common Interest Ownership Act — WUCIOA, codified at RCW 64.90.1 Laws of 2024, chapter 321 (ESSB 5796)2 set the 2028 repeal date for three legacy statutes — the Homeowners' Associations Act (RCW 64.38),3 the Condominium Act (RCW 64.34),4 and the Horizontal Property Regimes Act (RCW 64.32)5 — after which WUCIOA governs regardless of when a community was formed. Then SB 5129 (Laws of 2025, chapter 119)6 accelerated the most consequential governance provisions to January 1, 2026.

Which statute controls a given association turns on its formation date. RCW 64.38 applies to homeowners' associations whose declarations were recorded before July 1, 2018. RCW 64.34 governs condominiums created on or after July 1, 1990 but before July 1, 2018. RCW 64.32 governs condominiums created before July 1, 1990. And RCW 64.90 governs all common interest communities created on or after July 1, 2018, plus any older community that opts in. Boards that have not yet adopted WUCIOA open-meeting practices — the 15-minute owner comment period, 14-day notice, and limited executive sessions under RCW 64.90.445 — are already noncompliant, and every pre-2018 community should be planning a governing-document restatement before the 2028 deadline.

Washington case law fills the critical gaps left by the comparatively sparse RCW 64.38. Riss v. Angel7 established that architectural decisions must be exercised reasonably and in good faith. Surowiecki v. Hat Island Community Ass'n8 granted boards substantial deference in discretionary financial decisions made through valid procedures. Wilkinson v. Chiwawa and Filmore v. Centre Pointe constrain how covenants and declarations may be amended to restrict rentals. And Bilanko v. Barclay Court imposed a hard one-year limitations bar on challenges to condominium declaration amendments.

The statutory framework

Washington's community association law is a layered system the legislature is actively consolidating. As of mid-2026, four statutes coexist — but the clock on three of them is running.

The Homeowners' Associations Act, RCW 64.38, enacted in 1995, governs planned communities of separately owned homes whose declarations were recorded before July 1, 2018. Its stated intent is "to provide consistent laws regarding the formation and legal administration of homeowners' associations."9 By its own definition, a homeowners' association under RCW 64.38.010(12) is a corporation, unincorporated association, or other legal entity whose members own residential real property and are obligated by membership to pay for taxes, insurance, maintenance, or improvements to property other than their own.10 The statute expressly excludes associations created under RCW 64.32, 64.34, or 64.90.

A pre-2018 community is not frozen out of WUCIOA. Under RCW 64.90.095,11 an existing association may amend its declaration to elect WUCIOA governance — an opt-in requiring a vote of the owners and removal of inconsistent declaration provisions. Even without opting in, certain WUCIOA sections reach older communities by operation of RCW 64.90.080.12 The budget and assessment process in RCW 64.90.52513 is the most significant example, applying its required budget elements and ratification meeting to communities formed before July 1, 2018.

The consolidation is statutory and dated. ESSB 5796 repeals RCW 64.32, 64.34, and 64.38 effective January 1, 2028 and makes WUCIOA applicable to all common interest communities. Limited exceptions survive under RCW 64.90.360, 64.90.365, and 64.90.375 — generally for nonresidential communities, some mixed-use communities, and small communities. SB 5129 raised the small-community exemption threshold so that it applies if the community contains no more than 50 units (previously 12) and its annual average assessment does not exceed $1,000 (up from $300), but only where the declarant included a good-faith assessment cap in the original declaration.

The most important near-term consequence is that conflicting governing-document provisions become unenforceable as WUCIOA provisions take effect. As the Washington State Bar News explained in its September 2025 analysis of WUCIOA's impacts,14 "When the new laws become effective, there will be no grace period for associations created under prior laws to achieve compliance.... routine board actions such as holding meetings, adopting budgets, levying assessments, approving projects, and taking enforcement action against homeowner violations may be subject to challenge and invalidation."

Membership in a Washington association is automatic and inseparable from ownership. Under RCW 64.38.015, membership "at all times shall consist exclusively of the owners of all real property over which the association has jurisdiction, both developed and undeveloped." The obligation to pay assessments runs with the land. In Lake Limerick Country Club v. Hunt Mfg. Homes, Inc., 120 Wn. App. 246 (2004),15 the Court of Appeals held that a recorded declaration correlated with the association's articles and bylaws creates a covenant running with the land, binding successor owners who take title with constructive notice through the recorded declaration.

Most Washington associations organize as nonprofit corporations under the Washington Nonprofit Corporation Act, RCW 24.03A.16 RCW 64.38 supplies limited procedural detail, so associations routinely look to the nonprofit act for rules on meetings, notice, voting, director qualifications, and similar mechanics.

RCW 64.38.010(11) defines "governing documents" broadly to include the articles of incorporation, bylaws, plat, declaration of covenants, conditions and restrictions, rules and regulations, and other written instruments by which the association exercises its powers. When documents conflict, the recorded declaration generally controls over bylaws and rules; a statute controls over a conflicting governing document where the statute affords owners greater protection. In Shorewood West Condominium Ass'n v. Sadri, 140 Wn.2d 47 (2000),17 the Washington Supreme Court held that a use restriction adopted by bylaw but never placed in the recorded declaration was invalid and unenforceable — a restriction must follow the statutory amendment path and be properly recorded to bind owners.

Several overlapping special-topic statutes also govern Washington associations. Solar access protection under RCW 64.38.05518 prohibits governing documents from banning installation of a solar energy panel meeting health and safety standards, subject to reasonable rules on placement and manner. Electric vehicle charging was addressed in legacy RCW 64.38.062 and now transitions to WUCIOA's RCW 64.90.513,19 under which associations of single-family homes may not require board approval for an EV charging station installation unless it affects a common element or shared electrical infrastructure. Water conservation and wildfire resilience landscaping are protected by RCW 64.38.057,20 which limits an association's ability to prohibit drought-resistant landscaping, pollinator habitat, and wildfire ignition-resistant landscaping within 200 feet of a building's foundation. Housing-density preemptions at RCW 64.38.150 through 64.38.18421 limit new associations from imposing minimum-density restrictions and bar associations created after July 23, 2023 within an urban growth area from prohibiting accessory dwelling units that local jurisdictions could not prohibit — all provisions carried forward into WUCIOA analogs when the legacy statutes repeal in 2028.

Short-term and long-term rental restrictions occupy some of the most litigated terrain. In Wilkinson v. Chiwawa Communities Ass'n, 180 Wn.2d 241 (2014),22 the Supreme Court held that short-term vacation rentals did not violate covenants barring commercial use or limiting lots to single-family residential use, and that the association exceeded its amendment power when it adopted a short-term rental ban by majority vote. The governing distinction is between amending an existing covenant and creating a new one: a new restriction unrelated to existing covenants generally requires unanimity unless the covenants authorize creation of new restrictions by majority vote. For condominiums, Filmore LLLP v. Unit Owners Ass'n of Centre Pointe Condominium, 184 Wn.2d 170 (2015),23 held that a rental-cap amendment changed "the uses to which any unit is restricted" under that declaration and therefore required 90 percent approval under RCW 64.34.264(4), not the usual 67 percent. Bilanko v. Barclay Court Owners Ass'n, 185 Wn.2d 443 (2016),24 then narrowed Filmore by holding that the one-year limitations bar in RCW 64.34.264(2) prevents a challenge to a recorded declaration amendment brought more than one year after recording — so many rental caps adopted with only 67 percent approval became unassailable once they had been recorded for more than a year.

Compliance obligations created by the statutory framework

Governance obligations

Washington boards operate under a clear statutory standard of care. Under RCW 64.38.025(1),25 the board acts on behalf of the association in all instances except as limited by the governing documents or the chapter, and directors "shall exercise the degree of care and loyalty required of an officer or director of a corporation organized under chapter 24.03A RCW." RCW 64.38.025(2) reserves certain actions away from the board: amending the articles, taking any action requiring an owner vote, terminating the association, and electing directors — though the board may fill vacancies for an unexpired term. Owners may remove any director with or without cause by majority vote of the voting power present at a meeting with a quorum.

The standard of judicial review for board decisions comes from case law. In Surowiecki v. Hat Island Community Ass'n, 196 Wn.2d 805 (2022),26 the Washington Supreme Court held that where a governing document grants an association broad discretion in setting assessments, the board's decision is entitled to substantial deference. Drawing on Riss v. Angel, 131 Wn.2d 612 (1997),27 the court framed the standard this way: "when a homeowners association makes a discretionary decision in a procedurally valid way, courts will not substitute their judgment for that of the association absent a showing of 'fraud, dishonesty, or incompetence.... Reasonable care is required.'" Procedural compliance is the key: deference attaches when the board follows its own governing documents.

Riss v. Angel remains the leading Washington authority on the limits of board discretion in architectural review. The Supreme Court held that covenants requiring consent before construction or remodeling are enforceable only if the consent power is exercised reasonably and in good faith, and it affirmed liability — including damages and attorney fees — against board members and homeowners who unreasonably rejected building plans. Peterson v. Koester, 122 Wn. App. 351 (2004),28 refined Riss by holding that a general consent-to-construction covenant cannot be used to impose a restriction more burdensome than a specific covenant on the same subject.

For meetings, the controlling law now depends on date and subject. The legacy meeting regime under RCW 64.38.035 — annual meetings, 10-percent-of-votes call threshold, 34 percent quorum under RCW 64.38.04029 — is being displaced. RCW 64.38.035 was repealed effective January 1, 2026 by SB 5129, and the WUCIOA open-meeting standard in RCW 64.90.44530 now applies to all Washington community associations.

Under RCW 64.90.445, board and committee meetings must be open to unit owners except for executive sessions, and the board may not take a final vote or action during an executive session. The board must give at least 14 days' notice of a board meeting unless it appears on a published schedule, with a shortened 7-day notice permitted for an event or condition that could not have been reasonably foreseen. The board must provide at least 15 minutes at the beginning of each meeting for owners to comment on agenda items before the board votes, and may impose reasonable time limits "of not less than 90 seconds per owner per unit," reducible and allocated equally if more than ten owners wish to speak. Executive sessions are confined to five enumerated topics: consultation with legal counsel; existing or potential litigation, mediation, arbitration, or administrative proceedings; labor or personnel matters; commercial transactions currently being negotiated where premature disclosure would disadvantage the association; and matters whose disclosure would violate an individual's privacy. Remote participation must be permitted, with each participant given a telephone option.

Discriminatory covenants are void and associations must remove them. RCW 49.60.224 declares void any real property covenant restricting use or occupancy on a protected basis. Under RCW 64.38.028,31 a simple majority vote of the board — without an owner vote — is enough to amend governing documents to remove void discriminatory covenants. The amendment is executed by any board officer, recorded in the public records, and on written request from a member, the board must act "within a reasonable time."

Financial obligations

Budget adoption under RCW 64.38 follows a ratification model. Within 30 days after the board adopts a proposed regular or special budget, RCW 64.38.025(3) requires the board to set an owner meeting — between 14 and 60 days after mailing the budget summary — to consider ratification. The budget is ratified whether or not a quorum is present, unless owners holding a majority of the votes reject it. If rejected or if notice was not given, the last ratified budget continues. RCW 64.38.025(4) requires the budget summary to disclose detailed reserve information: the current reserve contribution, the recommended contribution rate from the reserve study, the funding plan, and 30-year and five-year projections of reserve adequacy. For pre-2018 communities, the parallel WUCIOA budget process in RCW 64.90.525 now applies and sets a 14-to-50-day ratification meeting window; boards operating under both regimes should follow the stricter WUCIOA elements.

Washington's reserve study scheme under RCW 64.38.06532 is unusually detailed. An association "with significant assets" must prepare and update a reserve study, beginning with an initial study based on a visual site inspection by a reserve study professional. The association must update the study annually unless doing so imposes an unreasonable hardship, and at least every three years the updated study must be based on a new visual site inspection. "Significant assets" means a current replacement value of major reserve components equal to 75 percent or more of the gross budget, excluding reserve funds. RCW 64.38.070 prescribes required study contents, including a component list covering any item costing more than one percent of the annual budget. Washington sets no statutory minimum reserve funding level — the board determines the funding target. This contrasts sharply with Florida, where, under Fla. Stat. § 718.112,33 condominium associations with buildings three stories or higher can no longer vote to waive or reduce reserves for structural items identified in a Structural Integrity Reserve Study, for budgets adopted on or after December 31, 2024. Washington imposes no equivalent floor, so the adequacy of reserves is a matter of board judgment and disclosure rather than statutory mandate.

Disclosure obligations

Records access under RCW 64.38.045,34 substantially amended in 2023, requires the association to keep detailed financial and other records and declares all association records the property of the association. A managing agent must turn over original books and records upon termination of the management relationship. The 2023 amendments aligned the HOA records standard with the WUCIOA model in RCW 64.90.495, enumerating categories of records that must be retained and a narrow list that may be withheld, while requiring redaction of addresses for participants in the address confidentiality program. Owners are entitled to a free annual copy of the owner list and a free copy of preforeclosure information; the association may charge a reasonable fee for other copies and for supervising inspection. Under WUCIOA's RCW 64.90.495, the association must acknowledge a records request within ten business days and produce records within a reasonable time, and managing agents must turn over association property within five business days.

Discrimination law operates as an overlay on every Washington association. The Washington Law Against Discrimination, chapter 49.60 RCW,35 prohibits discrimination in real estate transactions on the basis of race, creed, color, national origin, citizenship or immigration status, families with children, sex, marital status, sexual orientation, age, honorably discharged veteran or military status, and disability. Community associations are housing providers subject to both the WLAD and the federal Fair Housing Act, 42 U.S.C. § 3601 et seq.36 The Washington State Human Rights Commission enforces fair housing law and has published guidance confirming that an assistance animal may be a required reasonable accommodation for a person with a disability, with no training requirement — distinct from the narrower "service animal" definition. Familial-status protection means age and child-occupancy restrictions are generally unlawful outside the limited federal housing-for-older-persons exemption.

Dispute resolution obligations

The power to fine derives from RCW 64.38.020(11),37 which authorizes the association, after notice and an opportunity to be heard and in accordance with a previously established schedule furnished to owners, to levy reasonable fines for violations of the bylaws, rules, and regulations. Under WUCIOA, the parallel power at RCW 64.90.405(2)(l) permits reasonable fines after notice and an opportunity to be heard in accordance with a previously established schedule of fines adopted by the board and furnished to owners. The due-process sequence matters: the fine schedule must be adopted and published before fines are imposed, and notice plus an opportunity to be heard must precede each fine.

The assessment lien framework underwent a significant overhaul in recent sessions. RCW 64.38.10038 now requires, no later than 30 days after an assessment becomes past due, that the association mail a notice of delinquency containing prescribed content in English and any other language the owner has indicated as a correspondence preference. Before commencing foreclosure, the association must mail two separate preforeclosure notices at statutory intervals — the second no sooner than 60 days after the first and at or after the assessments are 90 days past due — the owner must owe at least the greater of three months of assessments or $2,000 (excluding fines, late charges, interest, fees, and costs), and that minimum must have been due for at least 90 days. Every aspect of a collection or foreclosure must be commercially reasonable.

A six-year limitations period applies to HOA assessment collection. In Kiona Park Estates v. Dehls (2021),39 Division II of the Court of Appeals held that the six-year statute of limitations governs enforcement of an HOA assessment lien under RCW 64.38, so foreclosure or a suit for personal judgment on unpaid assessments must be brought within six years of each unpaid assessment's due date. WUCIOA's lien provision, RCW 64.90.485,40 authorizes nonjudicial foreclosure, caps lien-related attorneys' fees and costs at the lesser of $2,000 or six months of assessments, requires enforcement within six years, and bars foreclosure for less than three months of delinquent assessments.

RCW 64.38.05041 makes a violation of the chapter or the governing documents actionable and authorizes an award of reasonable attorney fees and costs to the prevailing party. Under WUCIOA, RCW 64.90.405(2)(w) permits an association to require that disputes between the association and unit owners or between two or more unit owners — other than those governed by chapter 64.50 RCW — be submitted to nonbinding alternative dispute resolution as a prerequisite to commencing a judicial proceeding. Washington has no statewide HOA or condominium ombudsman; most disputes resolve through private counsel, community mediation, or the courts.

Washington's recent legislative and judicial activity

Recent bills

Washington's legislature has moved faster on HOA reform than nearly any other state, compressing three major sessions of structural change into a single transition window.

Status Signed
Last verified June 5, 2026
Docket

ESSB 5796 · Laws of 2024, ch. 321 · 2023–24 Regular Session

Effective
Jan 1, 2028
Sunset
N/A
Relating to common interest communities and the repeal of legacy association statutes

This is the law that started the clock. ESSB 5796 repeals RCW 64.32, 64.34, and 64.38 effective January 1, 2028, making the Washington Uniform Common Interest Ownership Act (RCW 64.90) the sole governing law for every residential common interest community in the state, regardless of when it was formed. Limited exceptions survive under RCW 64.90.360, 64.90.365, and 64.90.375 for nonresidential, certain mixed-use, and qualifying small communities. Every pre-2018 association now faces a hard deadline to bring its governing documents into alignment with WUCIOA.2

What this means, by role
Property managers Audit every management agreement against WUCIOA requirements now — waiting until 2027 leaves no runway for renegotiation or amendment.
HOA board members Begin a governing-document restatement before the 2028 deadline; a 67 percent member vote takes time to organize and execute.
Community association attorneys Every pre-2018 client needs a WUCIOA compliance gap analysis before year-end 2026 to allow time for document drafting and member approval.
Homeowners After January 1, 2028, your association's rules must align with WUCIOA — governing documents that conflict with the statute become unenforceable.
Status Signed
Last verified June 5, 2026
Docket

SB 5129 · Laws of 2025, ch. 119 · 2025 Regular Session

Effective
Jan 1, 2026
Sunset
N/A
Relating to common interest community governance and accelerated WUCIOA provisions

SB 5129 didn't wait for 2028. It accelerated WUCIOA's open-meeting requirements, board emergency powers, assessment payment methods, electric vehicle charging siting rules, and heat pump approval rules to January 1, 2026, making them effective immediately for every Washington community association regardless of formation date. The bill also raised the small-community exemption threshold from 12 to 50 units and from $300 to $1,000 per-unit annual assessment, and required associations to offer at least one fee-free assessment payment method.6

What this means, by role
Property managers Every association you manage — regardless of age — must now follow WUCIOA meeting rules. Update board meeting agendas and notice procedures immediately.
HOA board members The 15-minute owner comment period and 14-day notice requirement are not optional. Boards still meeting informally or voting by email are out of compliance.
Community association attorneys Pre-2018 clients are not shielded by their formation date. Review board-meeting procedures and executive-session practices against RCW 64.90.445 now.
Homeowners You now have a statutory right to speak at every board meeting before the board votes, and to pay your assessments without a processing fee.
Status Signed
Last verified June 5, 2026
Docket

SB 5686 · Laws of 2025 · 2025 Regular Session

Effective
Jan 1, 2026
Sunset
N/A
Relating to community association assessment liens and foreclosure mediation

Signed May 20, 2025, SB 5686 extends Washington's Foreclosure Mediation Program to community association assessment liens across all four statutes. It creates a mandatory meet-and-confer step with a housing counselor before mediation can proceed, and adds a prohibition to RCW 64.90.485 barring board members and their immediate family or affiliates from bidding at a foreclosure of the association's lien. Collection fees and charges face new caps throughout the process.42

What this means, by role
Property managers Every assessment foreclosure now requires a mandatory meet-and-confer with a housing counselor before the mediation step — build that into your collections timeline.
HOA board members Board members and their family cannot bid at the association's own lien foreclosure — a conflict-of-interest rule now embedded in the statute.
Community association attorneys Your collections workflow needs to reflect the new meet-and-confer requirement and fee caps that apply across all four Washington association statutes.
Homeowners Before your association can foreclose on an assessment lien, you now have a statutory right to meet with a housing counselor and go through a formal mediation process.

Recent court rulings

Washington courts are reinforcing the principle that procedure matters as much as outcome — boards win when they follow their own rules, and lose when they don't.

Status Final
Last verified June 5, 2026
Case

Surowiecki v. Hat Island Community Ass'n

Washington Supreme Court · 196 Wn.2d 805 (2022)
Decided
2022
Court
Wash. S. Ct.

The Washington Supreme Court's most important recent statement on board deference: where an association's governing documents grant broad discretion in setting assessments, the board's decision earns substantial deference, and courts will not substitute their judgment absent a showing of fraud, dishonesty, or incompetence. The key is procedural legitimacy — a board that follows its own governing documents in making a discretionary decision is largely insulated from second-guessing.26

What this means, by role
Property managers Document every step of a board's decision-making process. Procedural compliance is your best protection against assessment challenges.
HOA board members Follow your governing documents to the letter when setting assessments. Deference isn't automatic — it follows from proper process.
Community association attorneys Advise boards that their strongest defense is showing they acted within their documented discretion, not arguing the merits of the amount.
Homeowners Challenging an assessment requires more than disagreeing with the amount — you need to show fraud, dishonesty, or a breakdown in process.
Status Final
Last verified June 5, 2026
Case

Riss v. Angel

Washington Supreme Court · 131 Wn.2d 612 (1997)
Decided
1997
Court
Wash. S. Ct.

Still the leading Washington authority on architectural review, Riss v. Angel established that consent-to-construction covenants are enforceable only when the board exercises that power reasonably and in good faith. The court affirmed personal liability — including damages and attorney fees — against board members and homeowners who unreasonably blocked a building plan. Arbitrary or subjective denials don't survive judicial scrutiny.27

What this means, by role
Property managers Architectural review decisions must be documented with objective, standards-based reasoning — not subjective preference.
HOA board members Board members face personal liability for unreasonable architectural denials — document everything and apply standards consistently.
Community association attorneys Make sure your architectural guidelines give the board clear, objective standards to apply so reviewers are never acting on preference alone.
Homeowners If the board denies your building plan without objective reasons tied to the governing documents, you may have a legal claim for the denial.
Status Final
Last verified June 5, 2026
Case

Wilkinson v. Chiwawa Communities Ass'n

Washington Supreme Court · 180 Wn.2d 241 (2014)
Decided
2014
Court
Wash. S. Ct.

Short-term vacation rentals did not violate covenants barring commercial use or limiting lots to single-family residential use — and the association exceeded its amendment power when it tried to ban short-term rentals by majority vote. Creating a new restriction unrelated to existing covenants generally requires unanimity unless the covenants explicitly authorize new restrictions by majority vote, and even then the power must be exercised reasonably and consistently with the general plan of development.22

What this means, by role
Property managers Before enforcing any rental restriction, verify that it was adopted through the correct amendment process — majority-vote bans on new activity types often don't hold.
HOA board members A board cannot create a new restriction that didn't exist before by simple majority vote unless the original covenants explicitly grant that power.
Community association attorneys Review the original declaration carefully before advising a board on its authority to restrict rentals — the amendment power must already exist in the document.
Homeowners A short-term rental ban adopted after you purchased your home may be challengeable if it wasn't properly authorized in the original covenants.
Status Final
Last verified June 5, 2026
Case

Kiona Park Estates v. Dehls

Washington Court of Appeals, Division II · (2021)
Decided
2021
Court
Wash. Ct. App.

The six-year statute of limitations governs enforcement of an HOA assessment lien under RCW 64.38. An association must bring a foreclosure action or personal judgment suit on unpaid assessments within six years of each assessment's due date — or lose the right to collect. This rule runs per assessment, so associations that let delinquencies age without action face a rolling limitation problem on the oldest charges.39

What this means, by role
Property managers Track delinquency dates carefully. Assessments more than six years old may no longer be collectible — refer aged accounts to counsel before the clock runs.
HOA board members Delaying collections action is a financial risk to the association — the longer you wait, the more charges you may lose the right to collect.
Community association attorneys When a board hands you an aged delinquency file, the first step is calculating the six-year limitation date for each assessment line before advising on strategy.
Homeowners If your association comes after you for assessments that are more than six years old, the statute of limitations may be a complete defense to those older charges.

Active legislative debates

Washington's 2028 deadline is driving policy questions that the legislature hasn't fully answered yet.

Status Active
Last verified June 5, 2026
Issue

WUCIOA Transition Compliance · 2028 Deadline

Washington State Legislature · General Policy Discussion
Deadline
Jan 1, 2028
Type
Transition

No grace period accompanies the January 1, 2028 repeal of RCW 64.32, 64.34, and 64.38. Practitioners and advocates are actively debating whether the legislature should extend the deadline, clarify the interaction between conflicting governing-document provisions and WUCIOA's baseline rules, and provide formal transition guidance for communities that haven't yet restarted their governing-document amendment processes. The exemption thresholds for small communities — raised by SB 5129 to 50 units and $1,000 per-unit — remain a flashpoint, with some arguing those numbers are still too narrow.43

What this means, by role
Property managers Don't count on the legislature extending the deadline. Treat January 1, 2028 as fixed and advise client boards accordingly.
HOA board members A 67 percent member vote for a document restatement requires significant lead time. Starting in 2026 gives you realistic runway; waiting until 2027 may not.
Community association attorneys Track the legislature's 2026 session for any deadline extension or clarifying amendments. Build client timelines around the current date, not a hoped-for extension.
Homeowners Ask your board what its transition plan is. Communities that arrive at 2028 with conflicting governing documents face enforcement uncertainty from day one.
Status Active
Last verified June 5, 2026
Issue

Reserve Funding Standards · Post-Florida Reform Debate

Washington State Legislature · Policy Discussion
Issued
Ongoing
Type
Policy

Following Florida's 2022 mandate that condominium associations with buildings three stories or higher fund structural reserves to full-replacement levels — with no waiver permitted for budgets adopted after December 31, 2024 — some Washington advocates are pushing for a minimum statutory reserve-funding floor. Currently, Washington sets no floor; the board determines the target and discloses projections. The debate centers on whether board judgment and disclosure requirements are sufficient, or whether Washington condominiums need a mandatory minimum like Florida's, particularly for high-rise buildings.33

What this means, by role
Property managers If Washington adopts a reserve floor, it would fundamentally change how you advise boards on annual budget targets — track this debate closely.
HOA board members Document the rationale for your reserve funding decisions now. Under current law, that judgment is yours; future legislation could remove it.
Community association attorneys The Florida model created significant compliance complexity and litigation. Watch how Washington's approach evolves before the next session.
Homeowners Today, your board decides how much to fund reserves. A statutory floor would give you stronger protection but potentially higher monthly assessments.

National positioning and related coverage

Washington stands out nationally for one reason above all others: it is the first state to require every existing common interest community — regardless of formation date — to transition onto a single uniform statute. The Uniform Law Commission's 2014 revision of the Uniform Common Interest Ownership Act (UCIOA)44 served as the model for WUCIOA, and Washington's mandatory universal adoption goes further than any other state that has enacted a UCIOA-based law. Other states have adopted uniform acts for new communities only or have created parallel optional tracks; Washington has set a hard expiration date for the old regimes.

The reserve-funding contrast with Florida captures the national debate in miniature. After the 2021 Surfside condominium collapse, Florida enacted legislation through SB 4-D (2022) requiring structural integrity reserve studies and — critically — eliminating the ability of Florida condominium owners to vote to waive or reduce reserves for structural items in buildings three stories or higher, effective for budgets adopted after December 31, 2024.33 Washington's reserve regime, by contrast, relies on disclosure and board judgment, with no statutory floor. That policy difference is increasingly visible at national association law conferences, where practitioners from both states are examining which model better prevents the kind of deferred-maintenance crisis that preceded Surfside.

Washington's housing-density preemptions also track a national trend. The ADU authorization in RCW 64.38.160 — barring post-July 2023 associations in urban growth areas from prohibiting accessory dwelling units that local zoning could not prohibit — is part of a broader national wave of state legislatures overriding local and HOA restrictions to accommodate housing production. Oregon, California, and Montana have enacted similar HOA preemption statutes, and the uniformity of that trend suggests Washington's provisions will survive into WUCIOA's successor framework even after the 2028 recodification.

Washington's short-term rental jurisprudence — particularly Wilkinson v. Chiwawa and Filmore v. Centre Pointe — has drawn national attention from associations and practitioners grappling with the same amendment-power questions in their own states. The principle that creating a new restriction requires different (and typically higher) owner approval than amending an existing one is not unique to Washington, but the Washington Supreme Court has articulated it more clearly than most state courts, and the decisions are frequently cited in national treatises on community association law.

Closing note

Boards of pre-2018 communities should treat WUCIOA compliance as a present obligation, not a 2028 project. The immediate step is to conform meeting practice to RCW 64.90.445 now: adopt open board and committee meetings, a published annual meeting schedule or 14-day notice (7 days for genuinely unforeseen matters), a 15-minute owner comment period before voting with a 90-second-per-owner floor, executive sessions limited to the five enumerated topics, and a telephone option for remote participation. A board still meeting informally or voting by email is operating outside the law as of January 1, 2026.

Second, commission or update a reserve study on the statutory cycle: an initial study with a site inspection, annual updates, and a site-inspection-based update at least every three years, with the required disclosures folded into the budget summary. Washington sets no minimum funding level, so document the board's funding rationale to preserve the deference recognized in Surowiecki.

Third, calendar a governing-document restatement before the 2028 deadline rather than relying on automatic statutory override. A restatement requires a 67 percent member vote and meaningful lead time; starting in 2026 leaves room to plan, draft, notice, and execute. Use the restatement to strike void discriminatory covenants under RCW 64.38.028 — which the board may do without an owner vote — and to remove rental, architectural, and use provisions that conflict with Wilkinson, Filmore, and the WUCIOA owner-protection provisions.

Fourth, audit collections procedures against the 2023 and 2025 amendments before initiating any foreclosure: confirm the 30-day delinquency notice, the two preforeclosure notices at correct intervals, the greater-of-three-months-or-$2,000 and 90-day thresholds, the meet-and-confer and mediation availability under SB 5686, and the six-year limitations period from Kiona Park Estates. Confirm that no board member or affiliate bids at any lien foreclosure.

The benchmarks that should trigger a fresh compliance review are concrete: an opt-in under RCW 64.90.095 accelerates full WUCIOA application immediately; crossing the 50-unit or $1,000-assessment thresholds removes a small community's exemption under RCW 64.90.360;45 and the January 1, 2028 repeal date eliminates RCW 64.38, 64.34, and RCW 64.32 entirely. Any of these moves the community fully into WUCIOA and requires a fresh compliance review.

This article states the law as of June 2026 during an active statutory transition. Effective dates and section numbers are shifting as ESSB 5796 and SB 5129 phase in, and the January 1, 2028 repeal of RCW 64.32, 64.34, and 64.38 will renumber the operative authority into RCW 64.90. Several specific dollar amounts and day-counts in WUCIOA adjust over time or were amended by overlapping 2024 and 2025 bills without cross-reference, so the precise governing text for a particular transaction should be confirmed against the current RCW. Determining which statute governs a specific community requires checking its formation date and any recorded opt-in, and the application of WUCIOA provisions to pre-2018 communities under RCW 64.90.080 is provision-specific. Case holdings such as Filmore and Bilanko turned on the specific language of the declarations at issue, and their application to another community depends on that community's documents. None of this is legal advice; consult a community association attorney on any specific question.

Footnotes

  1. Washington State Legislature, RCW Title 64.90, Washington Uniform Common Interest Ownership Act (WUCIOA)
  2. Washington State Legislature, ESSB 5796, Laws of 2024, ch. 321, Relating to common interest communities
  3. Washington State Legislature, RCW Title 64.38, Homeowners' Associations Act
  4. Washington State Legislature, RCW Title 64.34, Condominium Act
  5. Washington State Legislature, RCW Title 64.32, Horizontal Property Regimes Act
  6. Washington State Legislature, SB 5129, Laws of 2025, ch. 119, Relating to common interest community governance
  7. Riss v. Angel, 131 Wn.2d 612, 934 P.2d 669 (Wash. 1997)
  8. Surowiecki v. Hat Island Cmty. Ass'n, 196 Wn.2d 805, 479 P.3d 527 (Wash. 2022)
  9. Washington State Legislature, RCW § 64.38.005, Purpose
  10. Washington State Legislature, RCW § 64.38.010, Definitions
  11. Washington State Legislature, RCW § 64.90.095, Election to be governed by chapter
  12. Washington State Legislature, RCW § 64.90.080, Applicability to preexisting common interest communities
  13. Washington State Legislature, RCW § 64.90.525, Budgets
  14. Washington State Bar Association, Bar News, "The Impacts of WUCIOA on Community Associations" (Sept. 11, 2025)
  15. Lake Limerick Country Club v. Hunt Mfg. Homes, Inc., 120 Wn. App. 246 (Wash. Ct. App. 2004)
  16. Washington State Legislature, RCW Title 24.03A, Washington Nonprofit Corporation Act
  17. Shorewood West Condo. Ass'n v. Sadri, 140 Wn.2d 47, 992 P.2d 1008 (Wash. 2000)
  18. Washington State Legislature, RCW § 64.38.055, Solar energy panels — Use not prohibited
  19. Washington State Legislature, RCW § 64.90.513, Electric vehicle charging stations
  20. Washington State Legislature, RCW § 64.38.057, Drought-resistant landscaping and wildfire ignition-resistant landscaping
  21. Washington State Legislature, RCW § 64.38.160, Accessory dwelling units — Restrictions prohibited
  22. Wilkinson v. Chiwawa Cmtys. Ass'n, 180 Wn.2d 241, 327 P.3d 614 (Wash. 2014)
  23. Filmore LLLP v. Unit Owners Ass'n of Centre Pointe Condo., 184 Wn.2d 170, 358 P.3d 548 (Wash. 2015)
  24. Bilanko v. Barclay Court Owners Ass'n, 185 Wn.2d 443, 374 P.3d 991 (Wash. 2016)
  25. Washington State Legislature, RCW § 64.38.025, Board of directors — Powers and duties
  26. Surowiecki v. Hat Island Cmty. Ass'n, 196 Wn.2d 805, 479 P.3d 527 (Wash. 2022)
  27. Riss v. Angel, 131 Wn.2d 612, 934 P.2d 669 (Wash. 1997)
  28. Peterson v. Koester, 122 Wn. App. 351, 93 P.3d 1170 (Wash. Ct. App. 2004)
  29. Washington State Legislature, RCW § 64.38.040, Quorum (repealed Jan. 1, 2028)
  30. Washington State Legislature, RCW § 64.90.445, Meetings — Open to unit owners — Executive sessions
  31. Washington State Legislature, RCW § 64.38.028, Discriminatory covenants — Removal
  32. Washington State Legislature, RCW § 64.38.065, Reserve account and study — Requirements
  33. Florida Legislature, Fla. Stat. § 718.112(2)(f), Structural integrity reserve study and reserve funding (effective Dec. 31, 2024)
  34. Washington State Legislature, RCW § 64.38.045, Records — Availability — Copying
  35. Washington State Legislature, RCW Title 49.60, Washington Law Against Discrimination
  36. Cornell Law School Legal Information Institute, 42 U.S.C. § 3601, Fair Housing Act — Declaration of policy
  37. Washington State Legislature, RCW § 64.38.020, Association powers
  38. Washington State Legislature, RCW § 64.38.100, Lien for assessments — Foreclosure
  39. Kiona Park Estates v. Dehls, No. 53749-0-II (Wash. Ct. App. Div. II 2021)
  40. Washington State Legislature, RCW § 64.90.485, Liens for assessments
  41. Washington State Legislature, RCW § 64.38.050, Violations — Remedies
  42. Washington State Legislature, SB 5686, Laws of 2025, Relating to community association foreclosure mediation
  43. Washington State Legislature, RCW § 64.90.360, Exempt common interest communities
  44. Uniform Law Commission, Uniform Common Interest Ownership Act (2014 revision)
  45. Washington State Legislature, RCW § 64.90.360, Exempt common interest communities — Threshold criteria