Challenging an HOA Fine in Washington

In Washington, a WUCIOA association's power to fine comes with built-in conditions: the fine must be reasonable, follow notice and an opportunity to be heard, and track a schedule the board adopted and disclosed ahead of time. For your specific situation, a licensed Washington attorney is the right resource. This is general information, not legal advice.

Can my HOA fine me without a hearing in Washington?

No. Under RCW 64.90.405(2)(l), a WUCIOA association may impose and collect fines only "after notice and opportunity to be heard". The fines must be reasonable, must be for violations of the governing documents, and must follow a schedule of fines the board previously adopted and furnished to owners.

The Washington Uniform Common Interest Ownership Act lists the association's powers in RCW 64.90.405. The fining power appears in subsection (2)(l): the association may "[e]nforce the governing documents and, after notice and opportunity to be heard, impose and collect reasonable fines for violations of the governing documents in accordance with a previously established schedule of fines adopted by the board of directors and furnished to the owners pursuant to the requirements for notice in RCW 64.90.505."

Three conditions are built into that sentence:

• A schedule of fines, adopted in advance and disclosed. The board cannot improvise an amount; the fine must follow a schedule it previously adopted and furnished to owners.
• Notice and an opportunity to be heard before the fine is imposed — not a courtesy, but a statutory step.
• Reasonableness — the fine must be reasonable and tied to a violation of the governing documents.

Are HOA late charges the same as fines in Washington?

No. Under RCW 64.90.405(2)(k), a WUCIOA association may "collect assessments and impose and collect reasonable charges for late payment of assessments", a power separate from the fining power in (2)(l). Late charges and fines are distinct, and the association's records can show how a charge on a balance was categorized and calculated.

Separately, RCW 64.90.405(2)(k) lets the association "collect assessments and impose and collect reasonable charges for late payment of assessments." Late charges and fines are distinct from one another, and an owner reviewing a balance often needs the association's records to see how a charge was categorized and calculated.

What fine rules apply to older HOAs and condos in Washington?

It depends on when the community was created. WUCIOA, including RCW 64.90.405(2)(l), fully governs communities created on or after July 1, 2018. Older communities may look instead to RCW 64.38, § 64.38.020(11) (HOAs), or RCW 64.34.304(1)(k) (condos), which likewise allow reasonable fines only after notice and an opportunity to be heard, under a previously established board schedule furnished to owners.

Which of these frameworks governs a particular community is a question for a licensed Washington attorney.

What people generally do

For a Washington fine, the points that commonly matter:

• The association's records — the cited rule, the adopted schedule of fines, and minutes showing how similar matters were handled.
• Whether the board actually adopted and furnished a schedule of fines before the violation.
• The notice and opportunity to be heard that RCW 64.90.405(2)(l) requires.
• How the rule has been enforced against others matters, since uneven enforcement is a recognized defense.
• A licensed Washington attorney is the resource before an unpaid fine feeds the assessment account and lien.

Sources

• RCW 64.90.405 — Association powers and duties (fines)
• RCW 64.90.485 — Lien for assessments
• RCW 64.38 — Homeowners' Associations