Washington HOA laws

Washington HOA and Condo Laws, in Plain English

Washington has 3 statutes that govern community associations: Condominium Act, HOA Act, and WUCIOA. Here is what each covers, who it applies to, and the rules that come with a sale, with a link to the official text of every one.

A summary for boards and owners, not a substitute for the statute or your attorney. Every act links to its official text, and the association that acts on a rule is responsible for reading it.

The actsWhen a home sellsQuestions

HOA laws

Washington

WA
Condominium Act HOA Act WUCIOA
Resale documentResale Certificate
Fee cap$275 where the statute sets one
Deadline10 days where the statute sets one
Buyer may cancel5 days after receiving it

The Acts, and Who Each One Covers

Community type decides which act applies, and a community created before an act took effect may still be under the older one. The declaration says which.

RCW 64.34 (Condominium Act)

Condominiums

Governs condominiums created in Washington state after July 1, 1990, covering how a condominium is formed and organized, the powers and governance of the unit owners' association, budgets and common expense assessments, insurance, and access to association records. It also sets requirements for the public offering statement given to buyers of new units and the resale certificate given to buyers of existing units. Certain provisions continue to apply to earlier condominium projects and to sales that began before the state's newer common interest ownership law took effect.

  • RCW 64.34.425 (Resale certificate)

    Requires a condominium association to provide a resale certificate to a unit owner reselling a unit, disclosing the current assessment amount, any unpaid assessments owed by the seller, financial and budget information, insurance coverage, and other information about the association. It also limits the charge the association may impose for preparing the certificate and sets a deadline for furnishing it after a request.

    Official text
Read RCW 64.34 on the state's site

RCW 64.38 (HOA Act)

HOAs and planned communities

Governs homeowners' associations for planned residential communities in Washington that are not organized as condominiums, covering formation, board and member governance, meetings and voting, reserve studies and reserve accounts, financial records, and collection of unpaid assessments through liens. It also addresses owner rights such as inquiries to the association and protections for certain uses like solar panels and drought-resistant landscaping. Communities formed more recently may instead be governed in whole or part by the state's newer common interest ownership law.

Read RCW 64.38 on the state's site

RCW 64.90 (WUCIOA)

CondominiumsHOAs and planned communitiesCooperatives

Washington's Uniform Common Interest Ownership Act governs condominiums, planned communities, and cooperatives created in the state after July 1, 2018, and also applies certain of its provisions to some communities formed earlier or that elect coverage. It provides a unified framework covering creation and governance of the community association, budgets and assessments, liens, insurance, owner access to records, and disclosure documents such as the public offering statement and resale certificate for buyers.

  • RCW 64.90.640 (Resale certificate)

    Requires a common interest community association to provide a resale certificate to a unit owner reselling a unit, disclosing current and delinquent assessments, financial statements and budget information, reserve study status, insurance, pending litigation, and other disclosures about the community. It also limits the charge the association may impose for preparing the certificate and sets a deadline for furnishing it after a request.

    Official text
Read RCW 64.90 on the state's site

When a Home Sells in Washington

Washington law has the association furnish resale certificate to the buyer, under RCW 64.90.640. The figures below come from the rules Havn applies to every order.

What Washington calls the resale document
Resale Certificate
Fee cap
$275 where the statute sets one
Delivery deadline
10 days where the statute sets one
Buyer's right to cancel
5 days after receiving it

RCW 64.34.364(15) (condominiums) and RCW 64.90.485(11) (communities under chapter 64.90 RCW): on written request the association must furnish a unit owner or a mortgagee a statement setting forth the amount of unpaid assessments against the unit (under RCW 64.90.485(11), the unpaid assessments, the priority amount, or both) within 15 days after receipt of the request.

The full Washington resale rules, who pays, and how to order are on the Washington resale certificate page. Every state's cap and deadline sit side by side in the fee and deadline table.

Washington HOA Law Questions

Which law governs condominiums in Washington?

RCW 64.34 (Condominium Act) and RCW 64.90 (WUCIOA). Governs condominiums created in Washington state after July 1, 1990, covering how a condominium is formed and organized, the powers and governance of the unit owners' association, budgets and common expense assessments, insurance, and access to association records.

Which law governs HOAs in Washington?

RCW 64.38 (HOA Act) and RCW 64.90 (WUCIOA). Governs homeowners' associations for planned residential communities in Washington that are not organized as condominiums, covering formation, board and member governance, meetings and voting, reserve studies and reserve accounts, financial records, and collection of unpaid assessments through liens.

Does Washington cap the fee for a resale certificate?

Yes. The cap is $275 where the statute sets one. The current figure, and the rush and delinquency surcharges where the state allows them, are on the Washington resale page and in the fee table.

How long does a Washington association have to deliver resale certificate?

10 days where the statute sets one, counted from the request.

Where can I read the Washington statutes?

Each act on this page links to its official text on the state legislature's site. Havn summarizes the law and links to the source rather than restating it.

Nearby States

Oregon HOA laws

Resale fee: no fixed dollar cap · 10 business days

Idaho HOA laws

Resale fee: no fee allowed · 5 business days

Keep Reading

Guides

Templates

  • HOA Annual Meeting Notice TemplateA free HOA annual meeting notice template: date, place, agenda, the election, quorum, and the proxy or ballot enclosed, written to meet the notice window in your bylaws.
  • HOA Violation Notice TemplateA free HOA violation letter template: the rule cited, what was observed and when, the photo, the cure date, what happens next, and how the owner can respond or request a hearing.
  • HOA Dues Increase and Special Assessment Notice TemplateA free HOA letter template for a dues increase or a special assessment: the new amount and when it starts, why, the payment schedule, how to pay, and where to ask questions.
  • HOA Proxy Form TemplateA free HOA proxy form template: the owner, the home, the proxy holder, the meeting, directed instructions on each item, the expiration, and the signature.

Terms to Know

  • Resale certificateThe disclosure package an HOA or condo association furnishes when a home in the community is sold: what is owed, what is coming, and the documents that govern the home.
  • HOA lienThe association's legal claim on a home for unpaid assessments, created by the declaration and, in most states, by statute.
  • Super lienIn roughly twenty states, a slice of the association's assessment lien that takes priority over the first mortgage, usually a set number of months of assessments.
  • QuorumThe minimum number of owners, or share of the votes, that must be present or represented for a meeting to act.
  • Special assessmentA one-time charge beyond the regular assessment, levied to cover a shortfall or a project the budget and the reserves cannot: a roof, a lawsuit, a storm.

In Havn

  • Self-Managed HOAsEverything a volunteer board needs, for a dollar a home a month.
  • AccountingFund accounting, budgets, bank feeds, payables, and owner statements.
  • CommunicationsMeeting notices, violation letters, and dues notices by email, text, and mail, with delivery logged.

Run a Washington community with the rules built in.

HOA management software with a homeowner portal owners actually use. Resale documents are included; the requester pays for each one.

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