Washington HOA disclosure
What state law requires, what the standard resale packet leaves out, and the Washington-specific gotchas buyers should know before removing contingencies.
Primary statute: Washington Uniform Common Interest Ownership Act (Washington Revised Code Chapter 64.90, WUCIOA). For condominium associations, the parallel statute is Washington Homeowners' Association Act (Washington Revised Code Chapter 64.38). Together with the FCC Over-The-Air Reception Devices Rule (47 C.F.R. section 1.4000) and a handful of subject-specific statutes (solar, flags, EV charging, where applicable), these are the rules that override declaration and bylaw language inconsistent with them.
These are the WA rules that most commonly conflict with what the disclosure packet appears to say. Each one is worth a direct question to the HOA before contingency removal.
Two statutes - check creation date
RCW 64.38 (older) vs RCW 64.90 (post-2018)
RCW 64.38 covers older HOAs; RCW 64.90 (WUCIOA) covers most associations created after July 1, 2018, with an opt-in available to older ones. The disclosure requirements, lien priority, and fine procedures differ. Find the declaration's recording date before applying any state-law rule.
Late fee cap: $50 or 5%
RCW 64.90.485 caps late fees on delinquencies
Under WUCIOA, late fees on delinquent installments are capped at the lesser of $50 or 5% of the unpaid amount. Anything higher in governing documents is unenforceable for associations governed by 64.90.
Foreclosure minimums protect smaller debts
$2,000 or 3 months past due before nonjudicial foreclosure
An association cannot initiate nonjudicial lien foreclosure unless the delinquency exceeds $2,000 OR is more than 3 months past due. Below those thresholds, the association must pursue judicial collection.
Budget ratification by owner vote
Adopted budget can be rejected by a majority of all owners
Boards adopt a budget, but it requires ratification by the owners. The budget passes unless a majority of all owners (not just those present) vote to reject it at the ratification meeting. The mechanic creates a per-cycle challenge right that does not exist in every state.
Occupancy protections for resident owners
Restrictions on family size and household composition are limited
Washington statute limits the extent to which associations can restrict household composition or occupancy beyond what local code permits. Buyers planning multi-generational households should check restrictions against the statute, not just the governing documents.
Plain-English guides to the Washington statutes that most often clash with HOA governing documents. Each one explains the rule, what the board can still do, and what to check in the disclosure packet before you remove contingencies.
Revised Code 64.90.485
Foreclosure and the $2,000 floor
An HOA cannot foreclose unless the owner owes the greater of three months or $2,000 in assessments, 90 days past due; late fees are capped at the lesser of $50 or 5 percent.
Revised Code 64.90.510 and 64.90.225
A leasing restriction has to live in the declaration; a board rule can restrict leasing only to meet lender underwriting needs, not to ban rentals.
Revised Code 64.90.405
An HOA must give notice, a 10-day cure, and a hearing before a fine, and fines must follow a published schedule; there is no statutory dollar cap.
Revised Code 64.90.580
An HOA cannot ban a heat pump on property you own, and as of 2026 the rule covers every Washington community.
Revised Code 64.90.510(3)
An HOA cannot ban a solar panel on your own unit that meets health, safety, and permitting standards.
Revised Code 64.90.512
An HOA cannot ban drought-resistant, pollinator, or wildfire-resistant landscaping, or fine you for cutting watering during a declared drought.
Revised Code 64.90.575
An HOA cannot limit how many unrelated people live in a home, short of occupant-load and health-and-safety rules.
Revised Code 64.90.525
Washington sets no cap on dues increases; a budget passes unless owners holding a majority of all votes reject it.
Upload the full disclosure package - HOA documents plus any state-specific addenda - and HOA Notes runs a WA-calibrated analysis: every assertion in the resulting brief points to a page in the source packet, every state-law conflict is flagged with the statute citation, and a Risk Score 0 to 100 summarizes the overall exposure. The state-law cross-reference is keyed to the Washington statutes listed above. Delivered in under an hour.
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About this page
This is a general buyer guide for Washington HOA disclosure. HOA Notes is not a law firm and this is not legal advice. State statutes change; the citations above were current as of the page's last update. Consult a Washington real estate attorney before removing contingencies or relying on any state-law right described here.