If you own a home in a planned community in Washington State, there’s a good chance you also work with an HOA. These associations oversee communities throughout The Evergreen State, handling everything from shared maintenance to rule enforcement. However, it’s important to know that their power and authority are not unlimited, nor do they come from a single source.
To help keep everything organized, many Washington homeowners’ associations use property management software. Below, we’ll take a closer look at everything you need to know about Washington HOA laws.
Who Regulates HOAs in Washington?
In Washington, homeowners’ associations rely heavily on the Washington Uniform Common Interest Ownership Act. This law applies to newer planned communities in the state and spells out how HOAs operate. For now, older communities may still operate under earlier laws, most notably RCS Chapter 64.38, although all HOAs should align with the WUCIOA by January 1, 2028.
Beyond these Washington HOA laws, homeowners’ associations are run primarily by their internal governing documents, which usually include:
- Articles of Incorporation
- Bylaws
- A declaration of covenants and restrictions
- Rules adopted by the board over time
Washington HOAs must also act under federal and state laws, including:
- The Americans with Disabilities Act of 1990
- The Fair Housing Act
- Title 64 of the Revised Code of Washington at Chapter 64.38
- The Washington Nonprofit Corporation Act
- The Washington Human Rights Commission Act
How to Find HOA Regulations in Washington
Washington State considers HOAs’ governing documents public records, which means every HOA must record its documents with the county land records office for them to be enforceable. You can get a copy of these documents by visiting the local county clerk’s office.
You may also be able to find these records online, in some cases, by using the Washington State Corporations and Charities Filing System. Here, anyone can access associations’ governing documents, annual reports, public business information, board members, and more.
HOA Powers in Washington
Under Washington HOA laws, associations can :
- Collect assessments for one-time special common expenses
- Maintain common areas
- Enforce community rules
- Charge late fees
- Issues fines for late payments or rule violations
- Place liens and foreclose on a home, if necessary
The governing documents outline any additional powers held by an HOA. These specific documents often give the association additional powers to restrict community features, such as exterior paint colors, fencing, or parking.
Can an HOA Impose Fines on a Homeowner in Washington?
Washington HOA laws allow associations to impose fines on homeowners for violations; however, certain steps must be taken first, such as providing the homeowner with written notice and an opportunity to present their side of the issue.
Washington HOAs, however, cannot fine a homeowner for, or even prohibit, the following:
- Displaying the American flag, as long as the homeowner follows federal display guidelines
- Installing a flagpole to display the American flag
- Displaying political signs in their yard
- Installing solar energy panels
- Installing drought- or wildfire-resistant landscaping
- Reducing or eliminating lawn watering during a drought
Despite these protections, an association’s governing documents may include reasonable rules and restrictions around these items.
Can an HOA Take a Homeowner’s House in Washington?
In Washington, an HOA can foreclose on homes, but this process doesn’t happen quickly. First, the association must obtain board approval, send the homeowner a notice of delinquency, and allow the homeowner time to pay the debt.
Typically, HOAs cannot begin this process until the homeowner owes at least 3 months of assessments or $2,000, whichever is greater. This threshold does not include costs incurred by the association in connection with the collection, attorney’s fees, interest, fines, or late charges .
Additionally, an HOA cannot evict a homeowner in Washington. Tenant situations can vary, but the association’s authority largely depends on its governing documents.
Can an HOA Enter a Homeowner’s Property in Washington?
Washington HOA laws state that an association may enter a homeowner’s property as necessary to maintain units, common areas, or shared utilities.
Units are occupied solely by the homeowner, but the HOA still maintains certain spaces, such as balconies. Common elements, on the other hand, are shared spaces around the homes that are owned and maintained by the HOA, such as a swimming pool. Shared utilities are those provided by the HOA and usually include water and/or sewage.
Unless there is an emergency, the HOA should give the homeowner notice before entering the home. Timelines can vary, but usually range from 1 to 2 weeks’ notice as dictated by the governing documents.
Where Do Homeowners File Complaints Against Their HOA in Washington?
If you have a complaint against your HOA, the type of issue determines where you file it.
If your issue is with HOA fees, you can file a complaint with the Washington Attorney General’s Office, the Federal Trade Commission, or the Consumer Financial Protection Bureau. Under the Fair Debt Collection Practices Act, you can also file in state or federal court within 1 year of the date of violation.
If your complaint is about discrimination, you can file a complaint with the Washington State Human Rights Commission, the U.S. Department of Housing and Urban Development, or file a private lawsuit in federal or state court.
For other issues, consider filing a claim in state court.
Joining and Leaving an HOA in Washington
If you purchase a home in Washington in a community with an existing HOA, you automatically join the association and must follow its rules. You should receive your governing documents that explain the HOA when you close on your home .
In these cases, you cannot simply opt out of the HOA. Usually, to leave an association, owners sell their home or petition the HOA to have it removed from the association, though there are no guarantees.
How to Dissolve an HOA in Washington
Sometimes, the HOA’s governing documents outline the process to dissolve an HOA. If not, the association’s members must vote by a majority to dissolve the HOA.
To dissolve the HOA, at least 80% of members or homeowners must approve the dissolution. If approved, the members sign a termination agreement, settle any debts, and liquidate or dispose of the HOA’s assets. Finally, the HOA files dissolution documents with the Washington Secretary of State and records the termination with the county, thereby dissolving .
Washington HOA Laws FAQs
Does Washington require HOAs to follow WUCIOA?
Most new communities do, but older HOAs may still operate under earlier laws. Significant changes to Washington HOA laws in 2024 will, however, align all HOAs with WUCIOA by January 1, 2028.
Can an HOA ban political signs in Washington?
Not usually. HOAs cannot prohibit political yard signs, although they may set reasonable guidelines around their size or placement.
What is the minimum amount an HOA needs to foreclose in Washington?
Usually, at least 3 months of unpaid assessments/dues or $2,000, whichever is greater.
Sources
- 1 RCW 64.38.020
-
Unless otherwise provided in the governing documents, an association may… (6) Regulate the use, maintenance, repair, replacement, and modification of common areas; (7) Cause additional improvements to be made as a part of the common areas; (10) Impose and collect any payments, fees, or charges for the use, rental, or operation of the common areas; (11) Impose and collect charges for late payments of assessments… (13) Exercise all other powers that may be exercised in this state by the same type of corporation as the association; and (14) Exercise any other powers necessary and proper for the governance and operation of the association.
Source Link - 2 RCW 64.38.033
-
(1) The governing documents may not prohibit the outdoor display of the flag of the United States by an owner or resident on the owner’s or resident’s property if the flag is displayed in a manner consistent with federal flag display law… (2) The governing documents may not prohibit the installation of a flagpole for the display of the flag of the United States. The governing documents may include reasonable rules and regulations regarding the location and the size of the flagpole.
Source Link - 3 RCW 64.38.034
-
(1) The governing documents may not prohibit the outdoor display of political yard signs by an owner or resident on the owner’s or resident’s property before any primary or general election. The governing documents may include reasonable rules and regulations regarding the placement and manner of display of political yard signs.
Source Link - 4 RCW 64.38.055
-
(1) The governing documents may not prohibit the installation of a solar energy panel by an owner or resident on the owner’s or resident’s property…
Source Link - 5 RCW 64.38.057
-
(1) The governing documents may not prohibit the installation of drought resistant landscaping or wildfire ignition resistant landscaping. However, the governing documents may include reasonable rules regarding the placement and aesthetic appearance of drought resistant landscaping or wildfire ignition resistant landscaping, as long as the rules do not render the use of drought resistant landscaping or wildfire ignition resistant landscaping unreasonably costly or otherwise effectively infeasible. (2) If a property is located within the geographic designation of an order of a drought condition issued by the department of ecology under RCW 43.83B.405, an association may not sanction or impose a fine or assessment against an owner, or resident on the owner’s property, for reducing or eliminating the watering of vegetation or lawns for the duration of the drought condition order.
Source Link - 6 Wash. Rev. Code 64.32.200
- Source LinkAn association, or the manager or board of directors on its behalf, may not commence an action to foreclose a lien on an apartment under this section unless:(a) The apartment owner, at the time the action is commenced, owes at least a sum equal to the greater of:(i) Three months or more of assessments, not including fines, late charges, interest, attorneys’ fees, or costs incurred by the association in connection with the collection of a delinquent owner’s account; or(ii) $2,000 of assessments, not including fines, late charges, interest, attorneys’ fees, or costs incurred by the association in connection with the collection of a delinquent owner’s account;(b) At or after the date that assessments have become past due for at least 90 days, but no sooner than 60 days after the first preforeclosure notice required in subsection (4)(a) of this section is mailed, the association has mailed, by first-class mail, to the owner, at the apartment address and to any other address which the owner has provided to the association, a second notice of delinquency, which must include a second preforeclosure notice that contains the same information as the first preforeclosure notice provided to the apartment owner pursuant to subsection (4)(a) of this section. The second preforeclosure notice may not be mailed sooner than 60 days after the first preforeclosure notice required in subsection (4)(a) of this section is mailed;(c) At least 180 days have elapsed from the date the minimum amount required in (a) of this subsection has accrued; and(d) The board approves commencement of a foreclosure action specifically against that apartment.(6) Every aspect of a collection, foreclosure, sale, or other conveyance under this section, including the method, advertising, time, date, place, and terms, must be commercially reasonable.
- 7 RCW 64.38.015
-
The membership of an association at all times shall consist exclusively of the owners of all real property over which the association has jurisdiction, both developed and undeveloped.
Source Link - 8 RCW 64.90.290
- …a common interest community may be terminated only by agreement of unit owners of units to which at least eighty percent of the votes in the association are allocated… (2) An agreement to terminate must be evidenced by the execution of a termination agreement, or ratifications of the agreement, in the same manner as a deed, by the requisite number of unit owners. The termination agreement must specify a date after which the agreement is void unless it is recorded before that date. A termination agreement and all ratifications of the agreement must be recorded in every county in which a portion of the common interest community is situated and is effective only upon recordation.Source Link
