Washington homeowners are increasingly covered by a comprehensive modern statute: the Washington Uniform Common Interest Ownership Act (WUCIOA), RCW 64.90, which governs common interest communities created on or after July 1, 2018. Older communities still run on the prior laws — non-condo HOAs under the Homeowners' Associations Act (RCW 64.38), condominiums created 1990–2018 under the Washington Condominium Act (RCW 64.34), and pre-1990 condos under the Horizontal Property Regimes Act (RCW 64.32) — though a defined set of WUCIOA sections reaches back to all of them. The Washington Nonprofit Corporation Act and federal law apply alongside. For your specific situation, a licensed Washington attorney is the right resource. This is general information, not legal advice.
Which law covers your community
Under RCW 64.90.365, WUCIOA applies in full to communities created on or after July 1, 2018. For communities created before that date, the statute lists specific sections — including the meetings provision (RCW 64.90.445) — that "apply only to events and circumstances occurring on or after July 1, 2018, and do not invalidate existing provisions of the governing documents." So a pre-2018 community keeps its old governing framework (RCW 64.38, 64.34, or 64.32) but picks up certain WUCIOA protections for current events. That split is temporary: under the 2024 "WUCIOA for All" act (SB 5796, ch. 321), the older chapters (RCW 64.32, 64.34, and 64.38) are repealed and WUCIOA applies to all common interest communities, regardless of creation date, effective January 1, 2028. Which combination governs your community today is a legal question for a licensed Washington attorney. See Which Washington Laws Govern Your HOA?.
Open meetings — with a real comment period
WUCIOA's meeting rules are strong, and they reach pre-2018 communities too. Under RCW 64.90.445, board and committee meetings "must be open to the unit owners except during executive sessions," with notice "not less than 14 days and not more than 50 days before the meeting date." Owners get a voice: they "must be given a reasonable opportunity at any meeting to comment," and for board meetings the board "must provide at least 15 minutes at the beginning of each meeting for unit owners to comment about agenda items before the board votes." A board may use executive session for narrow purposes, but "[a] final vote or action may not be taken during an executive session." See Attending HOA Meetings in Washington.
Records on a 10-day clock
Under RCW 64.90.495, the association must keep extensive records — budgets, "detailed records of receipts and expenditures," non-executive meeting minutes, the owner list, the declaration and amendments, and "financial statements and tax returns of the association for the past seven years" — and make them "available for examination and copying by all unit owners" on "10 days' notice," and "in no event later than 21 days." Narrow categories (personnel and medical records, litigation, attorney-client communications, executive-session records, other owners' files) may be redacted. See Getting Your Washington HOA's Records.
Fines only after notice, a hearing, and a published schedule
For WUCIOA communities, the fining power comes with conditions. Under RCW 64.90.405(2)(l), the association may "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." So a fine requires three things: a pre-adopted, disclosed schedule; notice; and a hearing. See Challenging an HOA Fine in Washington.
The assessment lien — with a six-month super-priority
WUCIOA gives the association a powerful lien. Under RCW 64.90.485, "[t]he association has a statutory lien on each unit for any unpaid assessment against the unit from the time such assessment is due." It is generally subordinate to a prior-recorded first mortgage — but Washington carves out a six-month super-priority: the lien is prior to the first mortgage to the extent of the common-expense assessments "which would have become due in the absence of acceleration during the six months immediately preceding the institution of proceedings to foreclose." The association may foreclose judicially (chapter 61.12 RCW) or nonjudicially (chapter 61.24 RCW), but not until at least 90 days after the minimum amount accrued, with two preforeclosure notices. See Can a Washington HOA Foreclose Over Dues?.
When a rule may not hold up
A WUCIOA rule has to fit the authority the declaration and RCW 64.90.510 grant, be applied evenhandedly, and clear the notice-and-hearing process for any fine. See When Is a Washington HOA Rule Unenforceable?.
Frequently asked questions
Does WUCIOA apply to my Washington community?
WUCIOA (RCW 64.90) applies in full to common interest communities created on or after July 1, 2018. Under RCW 64.90.365, a defined list of sections — including the open-meeting rule — also reaches communities created before that date for current events, while older communities otherwise run on RCW 64.38, 64.34, or 64.32. Which law governs yours is a question for a licensed Washington attorney.
Can a Washington HOA take my home for unpaid dues?
WUCIOA gives the association a statutory lien under RCW 64.90.485, including a six-month priority ahead of a first mortgage for unpaid common-expense assessments, and allows judicial or nonjudicial foreclosure after at least 90 days and two preforeclosure notices. A licensed Washington attorney can explain the process and any defenses in a specific case.
How does a Washington HOA have to handle fines?
Under RCW 64.90.405(2)(l), a WUCIOA association may impose reasonable fines only "after notice and opportunity to be heard" and "in accordance with a previously established schedule of fines" that has been adopted and furnished to owners. Whether a particular fine met those requirements is a question for a licensed Washington attorney.