Not legal advice
This guide is general information for Washington community associations, based on the cited statutes as of the last-reviewed date. It is not legal advice — statutes change and your recorded declaration and bylaws control the specifics. Consult a licensed Washington attorney for your situation.
Which statutes govern Washington associations
Washington's Uniform Common Interest Ownership Act (WUCIOA, RCW 64.90.010–64.90.900) governs common interest communities created on or after July 1, 2018, and certain of its provisions extend to older communities. It covers governance, open meetings, records, budget ratification, and assessment liens for both HOAs and condominiums formed after that date.
Associations created before mid-2018 are primarily governed by the Washington Homeowners' Associations Act (RCW 64.38) for non-condominium HOAs, and the Washington Condominium Act (RCW 64.34) for condominiums — unless the community formally opts into WUCIOA. The recorded declaration and bylaws frame day-to-day governance under all three regimes.
Open meetings, records, and budget ratification
Under WUCIOA, board meetings must be open to unit owners with notice and an opportunity for owners to comment before board action (RCW 64.90.445); executive session is limited to enumerated topics. The association must keep and make records available for examination, providing copies at reasonable cost (RCW 64.90.495). Boards adopt budgets subject to ratification by the unit owners.
Under the older RCW 64.38 regime, board meetings must also be open to owners with limited executive-session topics, and minutes must be kept and available (RCW 64.38.035). The association must prepare an annual budget and financial statements and make financial and other records reasonably available for examination by owners (RCW 64.38.045). Condominium associations under RCW 64.34 must likewise hold open meetings with notice and make records reasonably available for examination by unit owners (RCW 64.34.372).
Solar energy protections
Washington's RCW 64.38.055 bars governing documents of older HOAs from prohibiting the installation of solar energy panels on an owner's roof or exterior structure. Associations may impose reasonable conditions on placement and aesthetics, but restrictions that significantly increase the cost or materially decrease the efficiency of the system are void.
Communities governed by WUCIOA carry the same general principle through that act's limits on unreasonable restrictions. Any condition imposed on a solar installation must be reasonable and not effectively prohibit the installation.
Assessments, liens, and collections
Under WUCIOA, the association has a statutory lien for assessments with prescribed collection procedures (RCW 64.90.480–64.90.485). Unpaid assessments, fees, charges, fines, and interest become a lien on the unit, enforceable in the manner of real-property liens after the required statutory notices.
Condominium associations under RCW 64.34 hold a lien for unpaid assessments that may be foreclosed judicially or, if the declaration allows, nonjudicially — with statutory protections for unit owners — under RCW 64.34.364. Older HOA assessment liens are governed by the recorded declaration and general lien law, as RCW 64.38 does not itself create an assessment lien.
Common questions about Washington HOA law
Which Washington HOA law applies to my community?
Communities created on or after July 1, 2018 fall under WUCIOA (RCW 64.90). Older non-condominium HOAs are primarily under RCW 64.38 and older condominiums under RCW 64.34, unless the community has opted into WUCIOA.
Can a Washington HOA prohibit solar panels?
No. RCW 64.38.055 bars HOA governing documents from prohibiting solar energy panels on an owner's roof or exterior structure; only reasonable placement and aesthetic conditions are allowed. WUCIOA communities carry a similar protection.
Do Washington owners have a right to inspect association records?
Yes. Under WUCIOA (RCW 64.90.495) and the older HOA Act (RCW 64.38.045), the association must make financial and other records reasonably available for examination by owners, with copies at reasonable cost.
Are Washington HOA board meetings open to owners?
Yes. Under both WUCIOA (RCW 64.90.445) and the older RCW 64.38 regime, board meetings must be open to owners with notice, and executive session is limited to enumerated topics.