Washington HOA Laws: RCW 64.38 vs WUCIOA

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. These statutes establish a framework that balances HOA governance with strong homeowner protections. For details on fighting violations under these laws, visit our guide to fighting Washington HOA violations.

Which Law Applies to Your HOA?

• RCW 64.38 (Homeowners' Association Act): Applies to HOAs created before July 1, 2018 (includes some condominiums)
• RCW 64.90 (WUCIOA): Applies to ALL common interest communities (including HOAs, condos, co-ops) created on or after July 1, 2018. More comprehensive and homeowner-protective.

Check your community documents to determine which applies, as this affects your specific rights and procedures.

Core Statutory Framework

• RCW 64.38.020 — Notice, cure, and hearing requirements before imposing fines
• RCW 64.90.485 — Assessment liens and foreclosure (judicial or nonjudicial; 90-day-past-due threshold)
• RCW 64.38.010 — Definitions and HOA authority
• RCW 64.90 (Articles 1-7) — Comprehensive WUCIOA governance, financial transparency, homeowner rights

WUCIOA (RCW 64.90) modernized transparency, records access, and protected activities; several WUCIOA provisions (including EV-charging rights, RCW 64.90.513) extended to older communities on January 1, 2026, with full WUCIOA coverage of all communities beginning January 1, 2028.

Washington law explicitly grants homeowners comprehensive rights that HOAs cannot eliminate or reduce. These rights are foundational protections that override restrictive CC&Rs.

Record Access Rights (RCW 64.38 & RCW 64.90)

You have the absolute right to inspect and copy HOA records:

• Timeframe — under WUCIOA (RCW 64.90.495) the HOA must make records available on 10 days' notice, no later than 21 days
• No "proper purpose" requirement — You don't need to justify why you want records
• Financial records — All books, records, and financial statements must be available
• Meeting minutes — Board meeting minutes must be provided
• Enforcement records — Records of violations and enforcement actions must be available
• Reserve studies — HOA must provide reserve study information
• Reasonable copying costs — HOA can charge actual cost but not research fees

Protected Activities You Cannot Be Fined For

Washington law protects several activities that HOAs cannot restrict:

Solar Panels (RCW 64.38 & RCW 64.90)

• Cannot be prohibited — HOA cannot restrict solar panel installation. See our detailed blog post on solar panels.
• HOA can require reasonable aesthetic standards
• HOA cannot impose unreasonable fees for solar installation
• Washington strongly protects solar rights as part of clean energy policy

EV Charging Stations (RCW 64.90.513 / formerly RCW 64.38.062)

• Cannot be prohibited — HOA cannot restrict EV charging station installation
• Homeowner has right to install charging station in parking space or garage
• HOA can require reasonable installation standards (e.g., proper permitting)
• HOA cannot impose unreasonable fees or deny installation
• See our guide on EV charging stations

Flags and Political Expression

• Display of U.S. flag or state flag (reasonable restrictions allowed)
• Display of military service flags
• Political signs (reasonable size/location restrictions allowed)
• HOA can regulate placement and size but cannot ban entirely

Meeting Attendance and Voting Rights

• Right to attend all open meetings — Board meetings must be open to members except for attorney-client privileged sessions
• Reasonable notice requirement — Board must provide advance notice of meetings
• Right to speak — Reasonable time to address the board on matters of concern
• Voting rights — Vote on all matters including budget approval, special assessments, board elections

Washington law imposes specific obligations on HOA boards. Understanding these obligations gives you leverage when boards fail to comply.

Notice and Cure Requirements (RCW 64.38.020)

Before imposing any fine, the board must:

• Provide written notice describing the alleged violation
• Allow a genuine opportunity to cure (timeframe per the governing documents)
• Provide specific, not vague, description of what action is required to cure
• Give you the right to cure before any fine is imposed

Hearing Requirement Before Fining (RCW 64.38.020)

The board must provide notice of opportunity to be heard before imposing any fine:

• Notice must include opportunity to present evidence and witnesses
• Hearing can be conducted by board, committee, or hearing officer
• Homeowner must have chance to respond to allegation
• No fine can be imposed without this hearing

Dispute Resolution (No Mandatory Mediation)

Washington does not require mediation or arbitration before HOA litigation:

• No statutory mandate — neither RCW 64.38 nor WUCIOA requires mediation/arbitration before a lawsuit (the old RCW 64.38.035 governed meeting notices and was repealed effective January 1, 2026; see RCW 64.90.445)
• Voluntary only — the parties may agree to mediate, and your governing documents may include a dispute-resolution clause
• Your real protections — notice and an opportunity to be heard before fines (RCW 64.38.020 / 64.90.405), plus the judicial/nonjudicial foreclosure process with its 90-day-past-due threshold (RCW 64.90.485)

Financial Transparency (WUCIOA, RCW 64.90)

HOAs must provide transparent financial information:

• Annual financial statements provided to all owners
• Reserve funding study (for WUCIOA communities)
• Budget information and notice of budget changes
• Detailed disclosure of capital reserves and funding plan

Things Your Board CANNOT Do

• Cannot retaliate for complaints, record requests, or assertion of rights
• Cannot discriminate based on protected categories
• Cannot restrict protected activities (solar, EV charging, flags)
• Cannot fine without hearing (violates RCW 64.38.020)
• Cannot fine without notice and a genuine opportunity to cure and be heard (RCW 64.38.020 / 64.90.405)
• Cannot impose fines without a previously adopted, furnished schedule of fines (RCW 64.38.020 / 64.90.405)
• Cannot impose fines beyond governing documents (must be authorized by CC&Rs)

Washington's HOA law has been modernizing through WUCIOA (RCW 64.90). The protections below apply to newer communities and, as of January 1, 2026, increasingly to older ones as well — with full WUCIOA coverage of all Washington communities beginning January 1, 2028. (Note: an earlier version of this page attributed these to "SB 5378" and "HB 1998," which are not Washington HOA statutes.)

Financial Transparency & Reserves (WUCIOA, RCW 64.90)

WUCIOA strengthened financial accountability for HOAs:

• Annual financial statements — provided to all owners
• Reserve studies/disclosures — WUCIOA-covered communities must address reserves and disclose funding
• Budget transparency — clear disclosure of how assessment money is spent
• Notice of assessment increases — advance notice and explanation of changes
• Homeowner access — financial documents readily available (RCW 64.90.495)

Protected Activities & Enforcement (WUCIOA, RCW 64.90)

1. EV Charging Stations (RCW 64.90.513, effective Jan 1, 2026)

• Owners may install EV charging stations in their parking space or garage
• The HOA cannot prohibit installation or charge unreasonable fees
• The HOA can require reasonable installation standards

2. Solar Panels (RCW 64.38.055 / WUCIOA RCW 64.90.510(3))

• The HOA cannot prohibit a solar energy panel (subject to reasonable health/safety and code conditions)
• The HOA cannot charge excessive fees for solar installation

3. Flag Display (WUCIOA RCW 64.90.510(1))

• The HOA cannot prohibit display of the U.S. flag or the Washington state flag, or installation of a flagpole for them

4. Enforcement Fairness & Records

• Fines require notice, an opportunity to be heard, and a previously adopted fine schedule (RCW 64.38.020 / 64.90.405)
• Records must be made available on 10 days' notice, no later than 21 days (RCW 64.90.495); no "proper purpose" required
• Violation notices must include specific, detailed information

If your HOA was created on or after July 1, 2018, it falls under Washington's Uniform Common Interest Ownership Act (WUCIOA, RCW 64.90). WUCIOA is significantly more comprehensive and homeowner-protective than the older RCW 64.38.

Key WUCIOA Protections Not in RCW 64.38

• Detailed governance requirements — WUCIOA establishes clear procedures for board meetings, voting, and decision-making
• Enhanced financial transparency — Mandatory reserve studies, detailed budgets, and financial disclosures
• Homeowner bill of rights — Specific enumerated rights that override CC&Rs
• Stronger record access — Broader rights to inspect and copy records
• Clear enforcement procedures — Detailed requirements for notice, cure, and hearing before enforcement
• Records access — strong inspection rights on 10-day notice (RCW 64.90.495)
• Protected activities — Explicit protections for solar panels, satellite dishes, and other activities

How to Check if WUCIOA Applies

• Check your Declarations of Covenant, Conditions & Restrictions (CC&Rs)
• Look for effective date of the community
• If created on or after July 1, 2018 = WUCIOA applies
• Ask your HOA board or management company directly

WUCIOA vs. RCW 64.38 Comparison

Washington's "reasonableness" standard, notice-and-hearing requirements, and expanding WUCIOA protections are progressive in the region. Understanding the comparison shows where Washington stands among its neighbors.

Washington vs. California Fine Standards

Washington vs. Oregon Fine Standards

Washington vs. Idaho Fine Standards

Key Takeaway: Washington Has Strong Procedural Protections

• Reasonableness standard is effective — Courts strictly enforce this; excessive fines are invalidated regularly
• Notice-and-hearing before fines (RCW 64.38.020 / 64.90.405) — plus strong WUCIOA records access (RCW 64.90.495)
• Strong RCW 64.38.020 hearing rights — Homeowners have right to be heard before fine imposed
• WUCIOA for new HOAs — Comprehensive modernized law with enhanced protections
• WUCIOA (RCW 64.90) — modern transparency, records, and protected-activity rules (solar, EV charging, flags)

Washington's combination of the reasonableness standard, notice-and-hearing requirements, and WUCIOA provisions makes it quite homeowner-protective compared to neighboring states. WUCIOA's continued expansion (2026 phase-in, full coverage in 2028) further strengthens these protections.