Washington's Washington Uniform Common Interest Ownership Act (WUCIOA), RCW Chapter 64.90, is the most comprehensive HOA statute in the Pacific Northwest and one of the most detailed in the country. Effective January 1, 2018, WUCIOA applies to all common interest communities created after that date — including condominiums, planned communities, and cooperatives. Communities created before 2018 may elect to come under WUCIOA; otherwise, they remain under prior Washington law (Washington HOA Act, RCW 64.38, or the Condominium Act, RCW 64.34).
WUCIOA vs. Prior Washington Law
Washington has three HOA statutory frameworks depending on community age and type: (1) WUCIOA (RCW 64.90) — new communities created after 2018; (2) Washington HOA Act (RCW 64.38) — existing planned community HOAs created before 2018; (3) Washington Condominium Act (RCW 64.34) — existing condominiums created before 2018. Boards must identify which law applies to their community before any compliance work.
WUCIOA: Key Governance Requirements
- Board meetings must be open to all owners with 48-hour advance notice
- Executive sessions allowed for litigation, personnel, contracts, and individual violations
- Secret ballot elections required for all board member votes
- Annual budget must include a reserve line item based on a reserve study
- Reserve study required at least every 6 years, updated every 3 years
- Meeting minutes must be provided within 60 days of adoption
- Records available for owner inspection within 10 business days of written request
Resale Disclosure: 10-Day Turnaround
WUCIOA § 64.90.640 requires associations to provide a resale disclosure certificate within 10 business days of written request. The certificate must include: current assessments, pending special assessments, the current budget and reserve study, any outstanding violations on the unit, pending litigation, and the declaration, bylaws, and rules. Buyers have 5 business days after receipt to rescind the purchase contract.
Assessment Liens Under WUCIOA
WUCIOA § 64.90.490 grants a statutory lien for unpaid assessments. WUCIOA includes a limited super-lien: up to 6 months of unpaid assessments have priority over first mortgages. This super-lien provision is one of the most significant collection tools available to Washington HOAs and makes lenders in Washington pay close attention to delinquency levels. Foreclosure under WUCIOA is judicial.
Reserve Study Requirements
WUCIOA explicitly requires associations to conduct a reserve study at least every 6 years, with an update every 3 years. The reserve study must be performed by a qualified reserve study professional. The board must fund reserves based on the reserve study's recommended annual contribution. Failure to maintain adequate reserves can create board liability under the fiduciary duty standard.
Washington HOA Act (RCW 64.38): Pre-2018 Communities
Communities created before January 1, 2018 that have not elected WUCIOA remain governed by the Washington HOA Act (RCW 64.38). The HOA Act is less detailed than WUCIOA but still establishes: open meeting requirements, record access rights, and lien authority. These communities can elect to come under WUCIOA by a vote of the owners as specified in the Act.
Disclaimer: Washington has multiple HOA statutory frameworks depending on your community's creation date. Confirm whether WUCIOA, RCW 64.38, or RCW 64.34 applies. Consult a licensed Washington attorney for legal advice specific to your community.
This article is for general informational and educational purposes only. It does not constitute legal advice. HOA laws vary by state, and your association's specific CC&Rs and bylaws may create additional requirements. Always consult a licensed attorney in your state before taking legal or enforcement action. Full disclaimer →