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State Summary
Got a Washington HOA violation? You are entitled to notice and a hearing before a fine, and your HOA cannot block solar panels or EV chargers. Free defense guide.
Governing Law: RCW 64.38 (pre-2018 HOAs) & RCW 64.90 — WUCIOA (post-7/1/2018 HOAs; all communities by 1/1/2028)
Researched by Brandon Sorensen
Max Fine
No statewide cap — "reasonable" only
Aggregate Cap
Per governing documents
Notice Period
Notice + opportunity to be heard before any fine
Hearing
Yes — RCW 64.38.020(11) / RCW 64.90.405(2)(l)
The single most important question in Washington is which statute governs your HOA — and the answer turns entirely on your community's creation date. HOAs created on or after July 1, 2018 are governed by the Washington Uniform Common Interest Ownership Act (WUCIOA, chapter RCW 64.90) (RCW 64.90.360). HOAs created before that date currently fall under the older Washington Homeowners' Association Act (chapter RCW 64.38). This split is the most common Washington gotcha: two neighbors a mile apart can have meaningfully different records, reserve, and enforcement rights purely because of when their plat was recorded. Check the recording date on your declaration to know which set of rules applies to you.
That divide is closing fast. Under the 2024 reform ESSB 5796 (chapter 321, Laws of 2024), WUCIOA will govern all Washington common interest communities beginning January 1, 2028, when chapters RCW 64.38, 64.34, and 64.32 are repealed. As an interim step, a specific list of WUCIOA sections already applies to older (pre-2018) communities as of January 1, 2026 under RCW 64.90.365 — most notably the electric-vehicle-charging right in RCW 64.90.513. Important nuance: the full WUCIOA fining and solar/flag provisions (RCW 64.90.405(2)(l), RCW 64.90.510) are not on that 2026 list, so until 2028 older HOAs still fine under RCW 64.38.020(11) and protect solar under RCW 64.38.055. Similar reforms are reshaping neighboring Oregon, California, and Nevada.
On fines, Washington takes the no-cap-but-reasonable approach. There is no statewide dollar limit, but under both statutes a fine is valid only if it is "reasonable," imposed after notice and an opportunity to be heard, and levied "in accordance with a previously established schedule" of fines the board adopted and furnished to owners — RCW 64.38.020(11) for older HOAs and RCW 64.90.405(2)(l) for WUCIOA HOAs. If your board never adopted and circulated a fine schedule, that is a direct statutory defect you can raise. Compare states on our HOA fine limits by state comparison.
Washington HOA at a glance
This guide covers how to fight violations under RCW 64.38.020(11) (older HOAs) and RCW 64.90.405(2)(l) (WUCIOA), your records and protected-activity rights, the lien and foreclosure rules including the super-priority, and how Washington's "reasonable" standard works against excessive fines. You can also review our guide on how to respond to HOA violation notices for actionable steps.
Homeowners associations in Washington are governed by the RCW 64.38 (pre-2018 HOAs) & RCW 64.90 — WUCIOA (post-7/1/2018 HOAs; all communities by 1/1/2028). Under that statute, the maximum fine an HOA can impose is No statewide cap — "reasonable" only, with Per governing documents as the aggregate limit for continuing or repeated violations.
Before a fine becomes enforceable, your HOA must give you Notice + opportunity to be heard before any fine. Washington requires a hearing in the following circumstances: Yes — RCW 64.38.020(11) / RCW 64.90.405(2)(l). If your HOA skipped any of these procedural steps, the fine may be challengeable on procedural grounds regardless of whether you actually violated the underlying rule.
The three guides below cover the law in depth: how to fight a violation in Washington, what your rights and the HOA's obligations are under RCW 64.38 (pre-2018 HOAs) & RCW 64.90 — WUCIOA (post-7/1/2018 HOAs; all communities by 1/1/2028), and the specific dollar limits and lien rules that apply to fines.
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Washington gives you notice and a hearing before fines (RCW 64.38.020 / 64.90.405). Demand your hearing, challenge unreasonable fines, and know your foreclosure protections.
Read Guide →Complete explanation of RCW 64.38, RCW 64.90 (WUCIOA), and recent changes. Your rights to records, architectural review, protected activities (solar, EV charging, flags), open meetings, liens/foreclosure, and protections against board overreach.
Read Guide →Complete guide to Washington fine limits under RCW 64.38 and RCW 64.90 (WUCIOA). No statewide cap, "reasonableness" standard, how courts evaluate fines, strategic defenses, and comparison to other states.
Read Guide →Washington HOA law is primarily governed by the Washington Homeowners' Association Act (RCW 64.38) and, for newer communities, the Washington Uniform Common Interest Ownership Act (WUCIOA, RCW 64.90) , which became effective July 1, 2018.
Read the full Washington HOA laws guide →Unlike some states with strict dollar limits on HOA fines, Washington RCW 64.38 does not impose a statewide maximum fine amount . Instead, Washington relies on a "reasonableness" standard that courts enforce strictly.
Read the full Washington HOA fine-limits guide →Washington RCW 64.38.020 establishes the procedural framework for HOA enforcement and imposes a "reasonableness" standard that protects homeowners from excessive fines. Understanding these requirements gives you leverage when fighting violations.
Read the full Washington dispute guide →No statewide dollar cap. Neither RCW 64.38 nor WUCIOA (RCW 64.90) sets a maximum fine amount. Instead, a fine is enforceable only if it is "reasonable," imposed after notice and an opportunity to be heard, and levied "in accordance with a previously established schedule" of fines the board adopted and furnished to owners — RCW 64.38.020(11) for older HOAs, RCW 64.90.405(2)(l) for WUCIOA HOAs. Your CC&Rs may also set their own dollar limits, which are enforceable. If the board never adopted and circulated a fine schedule, the fine has a statutory defect.
It depends entirely on your community's creation date. WUCIOA (RCW 64.90) governs common interest communities created on or after July 1, 2018 (RCW 64.90.360). If yours was created before that date, it currently falls under the older RCW 64.38 — though as of January 1, 2026, a specific list of WUCIOA sections (RCW 64.90.365), most notably the EV-charging right in RCW 64.90.513, already applies to older communities too. Under the 2024 reform ESSB 5796 (chapter 321, Laws of 2024), WUCIOA will govern ALL Washington communities beginning January 1, 2028, when RCW 64.38 is repealed. Check the recording date on your declaration.
Yes. The HOA must give you notice of the alleged violation and an opportunity to be heard before imposing a fine — RCW 64.38.020(11) for older HOAs, RCW 64.90.405(2)(l) for WUCIOA HOAs. The hearing can be conducted by the board or its designated representative. You have the right to respond to the allegations and present evidence. Skipping this step is one of the most common procedural defects you can use to challenge a fine.
For WUCIOA communities, the association has a lien for unpaid assessments (RCW 64.90.485). A limited portion of that lien — common-expense assessments that would have come due in the six months before the foreclosure action, plus capped costs/fees — takes "super-priority" over a first mortgage under RCW 64.90.485(3)(a). Practically, this means even a first lender can be affected by a small slice of HOA debt. But foreclosure cannot begin until assessments are at least 90 days past due (and the debt meets a minimum threshold), and preforeclosure notices are required first — giving you a real window to cure, negotiate, or contest. Foreclosure may be judicial (ch. 61.12 RCW) or, if the declaration grants a power of sale, nonjudicial (ch. 61.24 RCW).
Yes, for money disputes within the limit. Washington small claims court has jurisdiction up to $10,000 for a claim brought by an individual (a natural person), and $5,000 for other claimants, under RCW 12.40.010. That covers many wrongful-fine or improperly-withheld-records disputes. Washington has no statute requiring mediation or arbitration before HOA litigation, so you are not forced to mediate first — though you and the HOA can agree to mediate voluntarily, and your governing documents may include a dispute-resolution clause.
No. Solar panels cannot be prohibited (RCW 64.38.055 for older HOAs; RCW 64.90.510(3) for WUCIOA HOAs). EV charging stations cannot be prohibited (RCW 64.38.062; RCW 64.90.513, which extends to older communities as of January 1, 2026). Under WUCIOA, an HOA also cannot ban display of the U.S. or Washington state flag or a flagpole for them (RCW 64.90.510(1)), or political/campaign signs (RCW 64.90.510(2)). And a distinctive Washington rule: governing documents may not prohibit drought-resistant landscaping, pollinator habitat (including code-compliant beehives), or wildfire-ignition-resistant landscaping (RCW 64.38.057). In each case the HOA may still impose reasonable aesthetic or placement conditions, but cannot ban outright.
Explore detailed guides for specific violation types, including your rights, sample response letters, and appeal strategies.
Every state has different HOA rules. Compare Washington's with these high-traffic state guides, or see all 50 in the Max HOA Fine in Every State master table.
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