Washington HOA flag and political sign rights

Washington is moving every community onto one statute, the Washington Uniform Common Interest Ownership Act (RCW 64.90). Until January 1, 2028, it applies only to communities created on or after July 1, 2018 and to older ones whose declaration was amended to elect into it. The flag and sign section, 64.90.510, is not one of the few sections that already reach older communities.

Older single-family and townhome HOAs that are not condos are under the Homeowners' Association Act, RCW 64.38. That act does not cover condominiums. Older condos are under the Condominium Act, RCW 64.34, which has no flag or political sign section. So in a 1995 condo building, no Washington statute protects your flag or your sign until 2028. The federal flag act is a separate question.

The declaration in your packet tells you the creation date and whether the community has opted into RCW 64.90.

In a WUCIOA community, the association may not prohibit the flag of the United States or the flag of Washington state on or within your unit or a limited common element, such as an assigned balcony or patio. It may adopt reasonable restrictions on the time, place, or manner of displaying the US flag, but only ones necessary to protect a substantial interest of the association. It cannot prohibit a flagpole for either flag, though it can set reasonable rules on the pole's location and size.

In an older HOA under RCW 64.38.033, the governing documents may not prohibit an owner or resident from displaying the US flag outdoors on their property, as long as the display follows federal flag law. Residents are covered, not just owners. The documents may set reasonable rules on placement and manner, and on flagpole location and size, but may not ban the pole. Any conflicting provision in documents in effect on June 10, 2004 is void.

Both statutes protect a real flag made of fabric, cloth, or paper. A flag painted on siding, strung in lights, or planted in flowers is not covered.

In a WUCIOA community, the association may not prohibit signs, including outdoor signs, about candidates for public or association office or about ballot issues, on or within your unit or limited common element. The statute has no election-season window. The association may adopt reasonable rules on placement and manner only. Before June 6, 2024 the statute also let the association regulate time, size, and number; a 2024 law took those words out.

In an older HOA under RCW 64.38.034, the governing documents may not prohibit an owner or resident from displaying political yard signs on their property before any primary or general election. Reasonable rules on placement and manner are allowed. The statute sets no size, no number, and no removal date.

Neither statute gives you a right to post signs on common areas.

Read these together before you make an offer:

• The recording date of the declaration and any amendment electing into RCW 64.90.
• Whether the community is a condominium, since older condos have no state flag or sign protection yet.
• Any rule that bans flags, flagpoles, or political signs outright.
• In a WUCIOA community, any sign rule on size, number, or days before an election.
• Board minutes for flag or sign complaints and fines.

If you plan to fly a flag every day or put out signs during campaigns, the difference between a 2016 condo and a 2019 townhome community is real until 2028. A ban that a Washington statute overrides in one may run into no state statute at all in the other.

An HOA Notes brief identifies which Washington statute governs the community, reads the declaration and the rules against it, and cites the page behind every finding.

Washington Revised Code 64.38.033 and 64.90.510(1) (US and Washington flag display rights). WUCIOA communities (created on or after July 1, 2018, or opted in): the association may not prohibit the US or Washington state flag, or a flagpole for it, on or within a unit or limited common element (RCW 64.90.510(1)(a), flagpole (1)(b)). Pre-2018 HOAs under RCW 64.38: the documents may not prohibit outdoor display of the US flag by an owner or resident on their property if it follows 4 U.S.C., or a flagpole for it (RCW 64.38.033). Pre-2018 condos under RCW 64.34 have no state flag statute until January 1, 2028. Under 64.90.510 the association may adopt reasonable time, place, or manner restrictions on the US flag necessary to protect a substantial interest, and reasonable rules on flagpole location and size; under 64.38.033 the documents may include reasonable placement and manner rules and flagpole location and size rules. Flags made of lights, paint, siding, flora, or similar materials are not protected.

When you read the disclosure packet, watch for no flags banners or signs on any exterior portion of any unit or lot, flags permitted only on national holidays, no flagpoles of any kind, and blanket aesthetic restrictions applied to US flag displays. HOA Notes flags each of these against the statute and tells you which restrictions are actually enforceable.