In Washington State, many planned communities are managed by a homeowners association (HOA). Their powers and responsibilities vary based on the property type and governing documents.
Who Regulates HOAs in Washington?
In Washington, the Washington Uniform Common Interest Ownership Act (“WUCIOA”), found in Chapter 64.90 of the Washington Code, governs and regulates HOAs. This Act applies to all common interest communities (condominiums, cooperatives, and other planned communities) created in Washington. An HOA is also regulated by its own governing documents.
Although every HOA is different, the governing documents typically include: Articles of Incorporation, Bylaws, Declaration of Covenants, Conditions and Restrictions, and other rules and regulations.
HOAs in Washington may also be subject to applicable federal laws such as:
HOAs may also be subject to certain state laws such as:
- Title 64 of the Revised Code of Washington at Chapter 64.38
- The Washington Nonprofit Corporation Act
- The Washington Human Rights Commission Act
- The Washington Consumer Protection Act
How to Find HOA Regulations in Washington
HOA governing documents are public record in Washington. An HOA must record its governing documents with the county land records to be enforceable. To obtain these documents visit the local county clerk’s office.
In some instances, a person can obtain these records online by using the Washington State Corporations and Charities Filing System. On this site, anyone can access the HOA’s governing documents, annual reports, public business information, registered agent information, and board members.
HOA Powers in Washington
In Washington, an HOA has the power to:
- Collect assessments for common expenses
- Regulate common areas
- Enter the property to maintain common elements
- Collect charges to maintain and operate the common areas
- Collect charges for late payments of assessments
- Levy reasonable fines
- Foreclose on a house for unpaid liens
Additional powers of an HOA are outlined in the HOA’s governing documents. The governing documents can give the HOA numerous powers, including restrictions on home ownership. Some restrictions may include exterior paint colors, fencing, and parking requirements.
Can an HOA Impose Fines on a Homeowner in Washington?
In Washington, an HOA can impose reasonable fines on a homeowner for violating the rules of the HOA. An HOA may only levy these fines after giving the homeowner notice and an opportunity to be heard.
An HOA cannot fine a homeowner for (or generally prohibit) any of the following:
- Displaying the American flag so long as the flag is displayed in a manner consistent with federal flag display law
- Installing a flagpole to display the American flag
- Displaying political yard signs
- Installing solar energy panels
- Installing drought or wildfire resistant landscaping
- Reducing or eliminating the watering of lawns during a drought
An HOA’s governing documents may include reasonable rules and regulations regarding the placement and manner of display of the American flag, political yard signs, and solar panels.
Can an HOA Take a Homeowner’s House in Washington?
An HOA can foreclose on a homeowner’s house in Washington for unpaid liens. However, an HOA cannot foreclose without first getting board approval and mailing a notice of delinquency to the homeowner.
An HOA may not foreclose on the lien unless the homeowner owes at least 3 months of assessments or $2,000 of assessments (whichever is greater). This does not include fines, late charges, interest, attorneys’ fees, or costs incurred by the association in connection with the collection.
An HOA cannot evict a homeowner. If an HOA directly leases a residence to a tenant, they may be able to evict the tenant. Depending on how the governing documents are drafted, the HOA may also evict a tenant if the lease was not properly authorized by the HOA. Otherwise, the HOA may have other powers or restrictions about rental properties in its governing documents.
Can an HOA Enter a Homeowner’s Property in Washington?
In Washington an HOA can enter a homeowner’s property as reasonably necessary to maintain units, common elements, or shared utilities.
Units are solely used by the property owners, but have certain spaces that require maintenance by the HOA, such as balconies. Common elements are the shared spaces in and around the house that are collectively owned by the HOA, such as a pool. Shared utilities may include water or sewage.
Except in the case of an emergency, the HOA must give prior notice before entering. Typically, an HOA will give 1-2 weeks’ notice, but notice requirements are determined by the governing documents.
Where Do Homeowners File Complaints Against Their HOA in Washington?
The venue for filing a Complaint against an HOA in Washington depends on the complaint.
For complaints concerning HOA fees, a homeowner can file a complaint with the Attorney General’s Office, the Federal Trade Commission, or the Consumer Financial Protection Bureau. Under the Fair Debt Collection Practices Act, homeowners can also file in state or federal court in the eastern or western district within one year of the violation date.
If a homeowner feels they are a victim of housing discrimination they 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 court eastern or western district or state court.
Otherwise, a homeowner can bring a claim in state court in the appropriate county.
Joining and Leaving an HOA in Washington
In Washington, if a person purchases a home in a neighborhood with a preexisting HOA, they must join and abide by the HOA rules. A homeowner should be presented with documents explaining the HOA and its rules at the closing of their home purchase.
If a person bought a house in a neighborhood with an HOA, they will not have the option to simply opt-out of the HOA. To leave an HOA, a homeowner can sell their house or try to petition the HOA to have their home removed. However, there is no guaranteed right that the petition will be granted.
How to Dissolve an HOA in Washington
The process for dissolution of an HOA in Washington may be set forth in the HOA’s governing documents. If it is not, the members of the HOA must agree by majority vote to dissolve the HOA.
An HOA can only be dissolved by an agreement of at least 80% of unit homeowners. If approved, the agreeing members will sign a termination agreement, settle any debts, dispose of assets belonging to the HOA. Necessary documentation, such as Articles of Dissolution, need to be filed with the Washington Secretary of State and recorded in every county where the HOA holds property to complete the dissolution.
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
