If your homeowners association or condominium community has not reviewed its governing documents in years, now is the time to start. The Washington Uniform Common Interest Ownership Act (“WUCIOA”), Chapter 64.90 RCW, is changing the way community associations operate throughout the state. By January 1, 2028, nearly every HOA and condominium association in Washington will be subject to WUCIOA’s governance requirements.
This article provides a high-level overview of WUCIOA and explains why boards should begin evaluating their CC&Rs, bylaws, rules, and policies now.
What Is WUCIOA?
WUCIOA (Chapter 64.90 RCW) is Washington’s comprehensive statute governing common interest communities, including:
- Homeowners associations (HOAs)
- Condominium associations
- Planned unit developments (PUDs)
- Other common interest communities
The Legislature adopted WUCIOA to create a more consistent legal framework for community associations across the state. Prior to WUCIOA, different communities were governed by different statutes depending on when they were created, leaving inconsistent gaps in community regulations and procedures. WUCIOA is intended to provide one uniform set of rules governing association operations and homeowner rights.
Does WUCIOA Apply to My Community?
For most associations, the answer is yes.
Generally:
- Communities created on or after July 1, 2018, are already governed by WUCIOA.
- Many pre-existing communities are already subject to certain WUCIOA provisions.
- Additional requirements such as those pertaining to open meetings began applying to all associations on January 1, 2026.
- By January 1, 2028, WUCIOA will broadly govern Washington’s common interest communities regardless of when they were created. [amlocommun…gement.com]
Many boards mistakenly assume that because their CC&Rs were recorded decades ago, they do not need to worry about WUCIOA. Unfortunately, that is often not the case.
Why Should Your Board Care?
Even if your association is functioning smoothly, your governing documents may contain provisions that conflict with current law.
Older CC&Rs commonly contain provisions relating to:
- Board meetings
- Voting procedures
- Special assessments
- Budget approvals
- Owner rights
- Association records
- Enforcement procedures
- Architectural review standards
Some of these provisions may no longer comply with Chapter 64.90 RCW.
In addition, WUCIOA has continued to evolve through legislative amendments since its original adoption. Associations that previously reviewed their documents may still benefit from a fresh review to determine whether more recent statutory changes have created new compliance considerations.
Updating governing documents can help boards:
- Reduce legal risk
- Improve transparency
- Clarify owner rights and responsibilities
- Modernize outdated procedures
- Avoid conflicts between governing documents and state law
Key Changes Boards Should Know About
While each community should be reviewed individually, several areas of WUCIOA have received particular attention.
Open Meeting Requirements
Beginning January 1, 2026, WUCIOA’s open meeting requirements apply broadly to Washington community associations.
In general:
- Board meetings must be open to owners except for limited executive-session matters.
- Owners must receive notice of meetings.
- Owners must have an opportunity to comment on matters affecting the community.
Many older governing documents either do not address these requirements or contain procedures that should be re-examined. See RCW 64.90.445.
Election Procedures and Voting Requirements
Board elections are one of the most important functions of any community association. WUCIOA includes statutory requirements governing voting procedures, member participation, and election administration.
Depending on the circumstances, associations may need to review practices involving:
- Board elections
- Voting eligibility
- Ballot procedures
- Meeting voting requirements
- Electronic participation
Associations should ensure that election procedures described in their governing documents and current practices are consistent with applicable statutory requirements. Boards that have relied on long-standing customs or informal procedures may wish to evaluate whether updates are appropriate. See RCW 64.90.455.
Budget and Assessment Procedures
Many associations still rely on budget and assessment procedures drafted decades ago.
WUCIOA includes specific requirements relating to:
- Annual budgets
- Budget ratification
- Special assessments
- Financial disclosures
Boards should review whether their governing documents are consistent with current statutory procedures. See RCW 64.90.525.
Owner Rights
One of WUCIOA’s primary goals is increased owner participation and transparency.
The statute addresses matters including:
- Access to association records
- Voting rights
- Election procedures
- Meeting notices
- Member participation
Associations should ensure their governing documents do not improperly restrict rights protected by statute.
Architectural Review and Property Improvements
Many CC&Rs contain architectural review provisions that were written before the Legislature adopted newer protections for certain property improvements.
Depending on the community, boards may need to evaluate provisions affecting:
- Solar panels
- Electric vehicle charging stations
- Other protected improvements
Outdated restrictions can create compliance issues if not carefully reviewed.
Insurance Considerations
Many associations review their insurance coverage annually but may not regularly evaluate whether governing documents and insurance practices remain aligned with current law.
Boards may wish to review:
- Property insurance obligations
- Liability coverage
- Responsibilities relating to unit or lot improvements
- Allocation of insurance-related risks
Insurance provisions can vary substantially from one community to another. A review of governing documents and existing policies may help identify areas that warrant further analysis. See RCW 64.90.470.
Does Every Association Need to Amend Its CC&Rs?
Not necessarily.
Some associations may only need targeted amendments.
Others may benefit from a complete amendment and restatement of their governing documents.
Factors that often influence this decision include:
- The age of the community
- The number of existing amendments
- The overall condition of the governing documents
- Whether the documents contain multiple provisions that conflict with WUCIOA
A thorough legal review can help determine the most practical and cost-effective approach.
What Should Your Board Do Now?
If your association has not recently reviewed its governing documents, consider the following steps:
1. Gather Your Governing Documents
Collect:
- CC&Rs (Declaration)
- Bylaws
- Rules and regulations
- Amendments
- Policies and resolutions
2. Identify When Your Community Was Created
The applicable statutory framework often depends on the community’s formation date and governing documents.
3. Review Current Board Practices
Look at:
- Meeting procedures
- Elections
- Budget approvals
- Recordkeeping
- Enforcement processes
4. Evaluate Whether Amendments Are Needed
A legal review can identify provisions that may need updating before the January 1, 2028 compliance deadline.
Looking Ahead
This article is the first in our WUCIOA series. In future articles, we will take a deeper dive into:
- Open meeting requirements
- Budget ratification procedures
- Board elections and voting rules
- Record inspection rights
- Architectural review committees
- Reserve studies and financial requirements
- Updating and restating CC&Rs
- Common compliance issues we see in older HOA and condominium documents
Need Help Reviewing Your Governing Documents?
Every association is different. Whether your community is considering a targeted amendment or a complete restatement of its CC&Rs, an early review can help identify issues before they become costly disputes.
Our team regularly assists Washington HOA and condominium associations with WUCIOA compliance reviews, governing document amendments, and complete CC&R restatements.
Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Associations should consult legal counsel regarding their specific governing documents and circumstances.
Sources:
- https://amlocommunitymanagement.com/wucioa-washington-hoa-condo-board-guide/
- https://app.leg.wa.gov/RCW/default.aspx?cite=64.90
