If you serve on the board of a homeowners association or condominium community in Washington State, one law is changing virtually everything about how your community operates: the Washington Uniform Common Interest Ownership Act, widely known as WUCIOA (RCW 64.90).
Whether your community was built in 1975 or 2022, WUCIOA applies to you — or will apply by January 1, 2028 at the latest. At AmLo Community Management, we help boards across Washington State stay ahead of every legislative change. This guide covers what WUCIOA is, why it matters, what it specifically requires, and what your board needs to do today.
What is WUCIOA (RCW 64.90 Explained)
WUCIOA — the Washington Uniform Common Interest Ownership Act, codified as RCW 64.90 — is Washington State’s single, comprehensive statute governing all common interest communities. That means condominiums, planned unit developments (PUDs), and HOAs all fall under the same law.
Before WUCIOA, Washington communities were governed by three separate and inconsistent statutes, depending on when and how they were formed:
- RCW 64.32 – The Horizontal Regimes Act (1963), for older condominiums
- RCW 64.34 – The Condominium Act (1989), for newer condos
- RCW 64.38 – The Homeowners’ Associations Act (1995), for HOAs
Each of these statutes was limited — less than 40,000 words combined — and left enormous gaps in governance standards. WUCIOA, first adopted in 2018 via SB6175, contains more than 65,000 words of precise, prescriptive requirements covering elections, reserve funds, open meetings, insurance, enforcement procedures, and much more.
Two major amendments have followed: SB5796 (2024) added over a dozen new sections, and SB5129 (2025) further expanded and refined the law. As of early 2026, WUCIOA is over 67,000 words and 120 sections — and it continues to grow.
Does WUCIOA apply to my HOA or Condo Association?
Almost certainly yes — if your community includes residential units. Here is how applicability breaks down under current law (as updated by SB5129 in 2025):
- All residential condominiums are subject to WUCIOA, regardless of when they were formed.
- HOAs with more than 50 homes are fully subject to WUCIOA.
- HOAs with 50 or fewer homes assessed more than ~$1,000/year per home are fully subject to WUCIOA.
- HOAs with 50 or fewer homes assessed less than ~$1,000/year per home may only be subject to certain portions of WUCIOA. (SB5129 raised this threshold from the previous 12-unit/$300 limit.)
- Commercial-only condominiums are generally exempt from most provisions.
If you are unsure whether your association qualifies for any exception, the safest course is to assume full WUCIOA applicability and consult with a Washington State community association attorney.
Key WUCIOA Requirements Every Board Member Must Understand
WUCIOA is far more detailed and prescriptive than any prior Washington community association law. Below are the areas that most directly affect how your board operates day to day.
1. Open Meeting Requirements (Effective January 1, 2026)
- All board meetings must be open to unit owners.
- Owners have the right to speak at every meeting, before board discussion or votes.
- Executive (closed) sessions are permitted but must occur within an open meeting and may only address a short list of confidential topics: pending litigation, personnel matters, delinquency collections, contracts under negotiation, and a few others.
- Meetings must be noticed at least 14 days in advance, or on a formally published annual schedule.
- All materials provided to directors before a meeting must also be made available to owners before that meeting.
- Electronic meetings (Zoom, Teams, etc.) are allowed but must include a telephone dial-in option.
- Persons who disrupt a meeting may be warned and removed.
2. Election and Voting Standards
WUCIOA’s election requirements are among its most significant departures from prior law, and the 2024 SB5796 amendments made them even more specific:
- Secret ballots are mandatory for board elections and for votes on amendments to governing documents.
- Incumbent board members and candidates are prohibited from accessing ballots at any point before they are opened, counted, and recorded at the meeting.
- Ballots must be counted at the meeting called for that purpose, with the tally recorded in the minutes.
- Associations must take reasonable measures to verify voter identity for electronic participation and to confirm ballot/proxy authenticity.
- Voting rights cannot be suspended under any circumstances.
- Votes allocated to units owned by the association must be cast proportionally to the outcome — they cannot change the result.
- Election notices must disclose the number of positions open, qualification requirements, and the nomination process.
3. Board Composition Rules
- Boards must have at least three directors.
- No more than one-third of board positions may be appointed at any time — at least two-thirds must be elected by unit owners.
- Conflict of interest and indemnification standards from RCW 24.06 apply to all board members.
- A director who becomes delinquent in assessments may be removed, but owners have the right to immediately elect a successor.
- Enforcement must not be arbitrary or capricious — consistent standards must be applied.
4. Reserve Funds and Reserve Studies
WUCIOA codifies reserve fund governance in precise terms that go well beyond what most older governing documents require:
- The board must maintain direct control over all reserve funds.
- Reserve studies must be updated annually.
- Studies must include all components whose replacement cost exceeds 1% of the annual budget.
- Studies must express reserve surplus or deficit on a per-unit basis.
- Transfers out of reserve accounts require two signatures and detailed supporting documentation.
- Reserve funds may now be invested, subject to specific statutory criteria.
- Budgets must disclose any planned reserve borrowing.
5. Accounting and Audit Requirements
- All community associations must use accrual-based accounting.
- Annual audits are required and cannot be waived by member vote, except for associations with annual budgets under $50,000.
- All dollar thresholds in the statute adjust with inflation over time.
6. Rules, Fines, and Enforcement
- Creating, amending, or repealing any rule requires two separate advance notices to owners.
- A formal fine schedule must exist and be properly noticed before any fines can be imposed.
- Creating or changing a fine schedule requires the same double-notice process as rule changes.
- The board has explicit discretion to stay (pause) enforcement, but enforcement must remain consistent.
7. Owner Rights and Records Access
- Records disclosures must be provided within 10 days (21 days maximum) of an owner’s written request.
- Owners may opt their email addresses out of records disclosures.
- Political signs may not be banned — only reasonable rules on size and placement are permissible.
- Flagpoles in limited common elements and units cannot be unreasonably prohibited.
- Storage of compost, recycling, and garbage receptacles cannot be unreasonably prohibited.
- Owners may formally request that the board evaluate and remove unlawful restrictions from governing documents.
- Associations must accept at least one form of assessment payment at no charge to the owner.
8. Insurance Requirements
Under WUCIOA, master property insurance must cover units — and unless the declaration explicitly states otherwise, must also cover all improvements and betterments made to units by owners. This is a meaningful departure from prior law that may require many communities to update their insurance policies before the 2028 deadline.
Why Most Washington HOA and Condo Governing Documents Need a Restatement
One of the most consequential — and often overlooked — implications of WUCIOA is its effect on your existing governing documents. Most communities formed before 2018 have declarations and bylaws written under prior law. When your governing documents conflict with WUCIOA, the statute wins. Automatically.
A governing document restatement — formally called an amendment and restatement — produces a single, updated version of your declaration and bylaws that is consistent with RCW 64.90 and reflects your community’s current reality. Adopting RCW 64.90 through a restatement requires a 67% affirmative vote of members.
The benefits of completing a restatement before the 2028 deadline include:
- Eliminating conflicts between outdated provisions and current Washington law
- Incorporating governance best practices refined over years of community association experience
- Cleaning up decades of amendments that have produced contradictory or unenforceable language
- Codifying community-specific provisions that reflect how your neighborhood actually operates
- Reducing board liability by establishing clear, legally sound procedures
Important: Restatements are not DIY projects. They require professional guidance, legal review, and meaningful owner participation — including volunteers willing to review substantial documentation. Starting early is not optional. A 67% supermajority vote is difficult to achieve on a compressed timeline.
WUCIOA Compliance Deadlines Your Board Cannot Miss
January 1, 2026 — Open Meeting Requirements (ALREADY IN EFFECT)
Open meeting standards under RCW 64.90.445 now apply to all Washington community associations. If your board has not yet implemented compliant open meeting practices, you are already operating outside the law. This is not a future deadline — it has passed.
January 1, 2028 — Full WUCIOA Compliance Required
All residential community associations in Washington State must be in full compliance with RCW 64.90 by this date. Pre-existing communities governed by RCW 64.32, 64.34, or 64.38 must transition entirely to WUCIOA standards.
2028 may feel distant, but governing document restatements that require a 67% member vote take significant time to plan, draft, notice, and execute. Boards that begin in 2027 will likely run out of time. The window to act is now.
How AmLo Community Management Keeps Your Board WUCIOA-Compliant
WUCIOA compliance is not a one-time task — it is a continuous operational standard that shapes every meeting, every vote, every financial decision, and every communication with owners. AmLo Community Management was built to help Washington State HOA and condo boards navigate exactly this kind of complex regulatory environment.
Our WUCIOA compliance services include:
- Board meeting management: Proper notice, open meeting procedures, executive session compliance, and legally accurate minutes.
- Election administration: Secret ballot elections, voter verification, ballot custody procedures, and results documentation.
- Reserve fund oversight: Reserve study coordination, transfer documentation, and board-controlled reserve account management.
- Financial management: Accrual-based accounting, audit coordination, compliant budget preparation and disclosure.
- Rules and enforcement: Compliant fine schedule drafting, double-notice rule procedures, and consistent enforcement policies.
- Owner communications: Records disclosures, resale certificates, and disclosure documents handled correctly and on time.
- Governing document guidance: Assessing whether a restatement is needed and supporting the board through the process.
We stay current with every change to RCW 64.90 — including SB5796, SB5129, and whatever the legislature passes next. When WUCIOA changes, our clients find out immediately and understand exactly what it means for their operations.
Frequently Asked Questions About WUCIOA (RCW 64.90)
Q: When does WUCIOA apply to my HOA or condo?
WUCIOA (RCW 64.90) already applies to all condominiums created on or after July 1, 2018, and open meeting requirements (RCW 64.90.445) now apply to all Washington community associations as of January 1, 2026. Full WUCIOA compliance for all pre-existing residential associations is required by January 1, 2028.
Q: What is the difference between WUCIOA and RCW 64.38?
RCW 64.38, the older Homeowners’ Associations Act, is a shorter, less prescriptive statute that governed HOAs formed before WUCIOA. WUCIOA (RCW 64.90) is significantly more detailed — covering elections, reserve studies, open meetings, financial reporting, enforcement procedures, and more — and will supersede RCW 64.38 for all residential HOAs by 2028.
Q: Do we need to restate our governing documents before 2028?
Most pre-existing communities should strongly consider a restatement. While WUCIOA will automatically override conflicting provisions in your existing documents, a restatement produces a single, clean, legally consistent set of governing documents. This eliminates ambiguity, reduces board liability, and makes governance far more straightforward for current and future board members.
Q: Can our board vote by email under WUCIOA?
No. As of January 1, 2026, board meetings must be open and conducted in a manner that allows owner observation. Email voting on board business outside of a properly noticed meeting is not compliant with WUCIOA’s open meeting requirements.
Q: Can we suspend an owner’s voting rights for non-payment of assessments?
No. WUCIOA explicitly prohibits the suspension of voting rights under any circumstances. Associations may suspend other privileges (access to recreational facilities, for example) under specific conditions, but voting rights are protected.
Q: What happens if our association is not WUCIOA-compliant by 2028?
Non-compliant provisions in your governing documents become legally unenforceable once WUCIOA applies to your community. Additionally, board members who knowingly act contrary to WUCIOA requirements can face personal liability. Working with an experienced Washington State community association management company helps ensure your board stays protected.
Ready to Get Your Community WUCIOA-Ready?
WUCIOA represents the most sweeping transformation of community association law in Washington State’s history. Whether you are a new board member trying to understand your obligations or a seasoned director preparing for the 2028 deadline, the time to act is now.
AmLo Management serves HOA and condominium communities across Washington State with professional management and deep expertise in WUCIOA compliance. Contact us today to discuss how we can help your community meet its legal obligations, protect its board members from liability, and serve homeowners well.
Contact AmLo Management today to learn how we can keep your community on track and compliant with WUCIOA.
Disclaimer: This blog post is provided for general informational purposes only and does not constitute legal advice. Community associations should consult with qualified legal counsel regarding their specific circumstances and compliance obligations under WUCIOA (RCW 64.90). Information reflects the law as understood in early 2026; subsequent legislative changes may affect accuracy.
