Rules & EnforcementWA
When Is a Washington HOA Rule Unenforceable?
By The HOARebel Team · June 2, 2026 · 3 min read
Not every rule a Washington board announces is automatically enforceable. The Uniform Common Interest Ownership Act actually narrows what a rule may regulate, and it conditions any fine on process. When a rule strays outside those bounds or is enforced selectively, its enforceability is open to question. For your specific situation, a licensed Washington attorney is the right resource. This is general information, not legal advice.
Rules must fit the purposes the statute allows
WUCIOA does not give boards open-ended rulemaking power. Under RCW 64.90.510, an association "may adopt rules that affect the use or occupancy of or behavior in units … only to" implement a declaration provision or regulate behavior that violates the declaration or adversely affects other units or the common elements, among the listed purposes. The same section protects specific owner activities — flag and political-sign display, solar devices, and assembly rights, for example. A rule that reaches beyond those purposes, or that collides with the protected activities, is on shaky ground no matter how it was adopted.
Fines require the statutory process
Even a valid rule does not produce a valid fine unless the association follows the process. Under RCW 64.90.405(2)(l), fines are allowed only "after notice and opportunity to be heard" and "in accordance with a previously established schedule of fines adopted by the board of directors and furnished to the owners." A fine imposed without notice and a hearing, or with no pre-adopted schedule, is vulnerable on its face — independent of whether the underlying rule is sound. See Challenging an HOA Fine in Washington.
Selective enforcement
A rule applied to one owner but not to identically situated neighbors raises a recognized fairness problem. Associations are generally expected to enforce their restrictions consistently, and a documented pattern of overlooking the same conduct by others undercuts enforcement against a particular owner. The association's own records and minutes are usually where that pattern surfaces.
Where federal and state law overrides a rule
Some rules fail no matter how they were adopted, because higher law preempts them:
- Fair housing — the federal Fair Housing Act and the Washington Law Against Discrimination bar discrimination and require reasonable accommodations, including for assistance animals
- Display rights — the federal Freedom to Display the American Flag Act and the FCC's OTARD rule limit bans on the U.S. flag and on certain antennas and satellite dishes; RCW 64.90.510 adds Washington protections for flags, political signs, and solar devices
- Servicemembers — the Servicemembers Civil Relief Act protects owners on active duty
A rule that collides with any of these is not saved by being in the declaration.
What people generally do
When a Washington rule is in question, the points that commonly matter are:
- Whether the rule fits one of the purposes RCW 64.90.510 allows.
- Whether any fine followed the notice, hearing, and schedule-of-fines requirements of RCW 64.90.405(2)(l).
- Evidence of how the rule has been enforced against others.
- The issue can be raised in writing and during the comment period at an open meeting.
- A licensed Washington attorney is the resource before a disputed fine feeds the assessment account and lien.