# Washington HOA Rental Restrictions: The Declaration Rule (2026)

> Under the Washington Uniform Common Interest Ownership Act, a restriction on leasing has to be set out in the declaration (Revised Code 64.90.225). A board acting by rule can restrict leasing only to the limited extent reasonably designed to meet the underwriting requirements of institutional lenders that make or buy mortgages in comparable communities (Revised Code 64.90.510(10)(c)). In plain terms, a board cannot impose a blanket rental ban by rule where the declaration does not authorize one. The association can require minimum lease terms, lease registration, and tenant compliance with the rules, as long as those requirements are in the declaration and are not so burdensome that they work as an effective ban. The key question for a buyer is what the recorded declaration actually says.

_Source: https://hoanotes.com/hoa/washington/rental-restrictions/ | Last reviewed 2026-06-03_

## Where a rental restriction has to live

WUCIOA draws a clear line. A real leasing restriction belongs in the declaration, the recorded document owners agree to when they buy. A board cannot manufacture a rental ban through a rule change. The one exception is narrow: a board can restrict leasing by rule only to the extent reasonably designed to meet the underwriting requirements of institutional lenders, the kind of rental cap that keeps a community eligible for conventional financing.

Within the declaration, the association can set reasonable terms: a minimum lease length, lease registration, and a requirement that tenants follow the rules. What it cannot do is dress up a blanket ban as one of those terms. A rental restriction already in the declaration when you buy is fully enforceable against you.

## What to check in the disclosure packet

If you plan to rent the home out, read these before you offer:

- Whether any rental restriction is in the recorded declaration or only in board rules.
- Whether a board-adopted rental cap is tied to lender underwriting, the only rule-based restriction allowed.
- Any minimum lease term, registration requirement, or rental cap in the declaration.
- Board minutes for a pending push to add or tighten rental rules.

## Why this matters to your offer

If your plan depends on renting, the difference between a declaration restriction and a board rule is the whole question in Washington. A board rule banning rentals, unless it is tied to lender underwriting, does not hold up.

An HOA Notes brief checks the declaration and the rules for any leasing restriction, looks at how it was adopted, and cites the page behind each finding so you know what you can do with the home.

## What the statute says

**Washington Revised Code 64.90.510(10) and 64.90.225** (Lease restriction scope limits). Under WUCIOA, a restriction on leasing must be set out in the declaration (RCW 64.90.225); the board acting by rule may restrict leasing only to the limited extent reasonably designed to meet the underwriting requirements of institutional lenders (RCW 64.90.510(10)(c)); a board cannot impose a blanket rental ban by rule where the declaration does not authorize one. The association may impose minimum lease terms, require lease registration, and require tenants to comply with community rules, provided these requirements are in the declaration and are not so burdensome as to constitute an effective ban; rental restrictions already in the declaration at the time of purchase are fully enforceable.

## Washington HOA rental restrictions: common questions

### Can a Washington HOA board ban rentals by rule?

No. A leasing restriction must be in the declaration. A board rule can restrict leasing only to the limited extent reasonably designed to meet institutional-lender underwriting requirements.

### What rental terms can the HOA set?

Within the declaration, it can require minimum lease terms, lease registration, and tenant compliance with the rules, as long as these do not work as an effective ban.

### What if a rental restriction was already in the declaration?

A leasing restriction recorded in the declaration when you buy is fully enforceable against you.

## Sources (verified 2026-06-03)

1. Revised Code of Washington 64.90.510 (regulatory authority; leasing restrictions), Washington State Legislature. Verified 2026-06-03. https://app.leg.wa.gov/RCW/default.aspx?cite=64.90.510
2. Revised Code of Washington 64.90.225 (declaration; restrictions on alienation), Washington State Legislature. Verified 2026-06-03. https://app.leg.wa.gov/RCW/default.aspx?cite=64.90.225
3. Which HOA law applies to me (WUCIOA, RCW 64.38, RCW 64.34), Apex Law Group. Verified 2026-06-03. https://apexlg.com/which-law-for-my-hoa/

HOA Notes is not a law firm and this is not legal advice.