The Washington guide
Washington rewrote HOA law. Here's what your board actually has to do, and when.
Two bills took effect for every Washington association on January 1, 2026, and the rest of WUCIOA arrives January 1, 2028. None of it is unmanageable. It's a checklist with dates. This page is the plain-language version, with every claim cited.
Informational, not legal advice. Confirm anything statutory with your association attorney.
In force since January 1, 2026
ESSB 5129 (2025 c 119) and E2SSB 5686 (2025 c 393) apply to every Washington association, including communities created long before WUCIOA, because RCW 64.90.365 extends the listed sections to all associations regardless of creation date. If your board is still catching up, you're in good company, and catching up is very doable.
Meetings & payments (ESSB 5129)
The everyday-governance rules, binding on every association:
- Board meetings open to unit owners, with at least 15 minutes of owner comment at the start of each meeting, and at least 90 seconds per owner per unit (RCW 64.90.445(2)(e))
- Executive sessions limited to enumerated topics (RCW 64.90.445(2)(b))
- Board-meeting notice at least 14 days out, unless the meeting is on a schedule already provided to owners (RCW 64.90.445(2)(f))
- An annual owner meeting, noticed not less than 14 nor more than 50 days ahead (RCW 64.90.445(1))
- Meeting materials available to owners (ESSB 5129)
- At least one way to pay assessments that costs the owner nothing beyond the assessment (RCW 64.90.480(10))
Collections (E2SSB 5686)
A strict, dated sequence for past-due assessments:
- First delinquency notice no later than 30 days after an assessment becomes past due, by first-class mail (RCW 64.90.485(21)(a))
- A 15-day window after that notice where charges are capped: printing and mailing costs, an administrative fee of no more than $10, and a single late fee of no more than the lesser of $50 or 5% of the unpaid assessment (RCW 64.90.485(21)(b))
- A second, preforeclosure notice only at or after 90 days past due, and no sooner than 60 days after the first notice (RCW 64.90.485(22)(b))
- Foreclosure only when the owner owes at least the greater of three months of assessments or $2,000 in assessments alone (late charges, interest, attorney fees, and costs don't count toward that threshold), with housing-counselor referral information and the mediation pathway in the preforeclosure notice (RCW 64.90.485(21)-(22); RCW 64.90.685)
A notice sent on the wrong clock or with the wrong charges isn't a paperwork quibble. It can undermine the collection itself. The good news: the sequence is completely mechanical once it's on a calendar.
Coming January 1, 2028
ESSB 5796 (2024 c 321) is the second shoe: on January 1, 2028, chapter 64.90 RCW applies to every common interest community in Washington. That date matters most for your governing documents. See the supersession item below.
- Full WUCIOA applies to every common interest community, regardless of when it was created (RCW 64.90.360(2); ESSB 5796)
- Records requests on the statutory clock: available for examination and copying upon 10 days' notice, never later than 21 days (calendar days, not business days) (RCW 64.90.495(2)(a)(ii))
- Resale certificates within 10 days, preparation capped at $275 and the six-month update at $100. These rules govern WUCIOA communities now, all communities by 2028. And as of June 11, 2026, owners can't be required to create third-party platform accounts to get one (RCW 64.90.640(2); HB 1500 (2026 c 194))
- Supersession by operation of law: governing-document provisions inconsistent with chapter 64.90 RCW become invalid the day your community is subject to it, with no grace period (RCW 64.90.375)
What this means for a self-managed board
Eight practical moves, in roughly the order most boards take them. Each one is ordinary committee work. The law just put dates on it.
Step 1
Open the meetings and time the comment period
Put the 15-minute owner comment period at the top of every board agenda, give each owner their 90 seconds per unit, and keep executive session to the enumerated topics. (RCW 64.90.445(2)(b), (e))
Step 2
Offer a no-cost way to pay
Make sure at least one payment method (a mailed check counts) costs the owner nothing beyond the assessment itself. (RCW 64.90.480(10))
Step 3
Put collections on rails
The 30-day first notice, the 15-day capped window, and the 90/60-day second notice are clocks, not suggestions. Calendar them per delinquent account, and document every send. (RCW 64.90.485(21)-(22))
Step 4
Adopt and ratify the budget every year
Assessments rest on a budget adopted at least annually and put to owners at a ratification meeting set 14 to 50 days after the budget goes out. It stands unless a majority of all votes rejects it. (RCW 64.90.480(1); RCW 64.90.525)
Step 5
Keep the reserve study current
Update it annually, with a reserve study professional preparing the update at least every third year unless an exemption applies. The statute treats reserve gaps as a funding-health and disclosure matter, not a damages one. (RCW 64.90.545; RCW 64.90.550; RCW 64.90.560)
Step 6
Get records-request ready
Know where your minutes, financials, and contracts live so a 10-day clock doesn't start a scramble. The 21-day outer limit is calendar days. (RCW 64.90.495(2)(a))
Step 7
Know the resale-certificate drill
Ten days, $275 cap, $100 six-month update; WUCIOA communities now, all communities by 2028. A repeatable template beats reinventing it per sale. (RCW 64.90.640(2))
Step 8
Start the 2028 document work early
Inconsistent provisions are superseded by operation of law on January 1, 2028. A declaration amendment generally needs 67% of all votes plus county recordation. That takes seasons, not weekends. (RCW 64.90.375; RCW 64.90.285(1)(a), (3))
There's no state agency auditing associations here. Enforcement is private, and in those suits the court may award attorney fees in either direction (RCW 64.90.685). The best defense is boring: track the deadlines, send the notices correctly, and keep the proof.
Frequently asked questions
Does WUCIOA apply to my association before 2028?
Partly, and the parts that already apply are significant. Since January 1, 2026, specific WUCIOA sections apply to every Washington association regardless of when it was created, including the open-meeting and owner-comment rules (RCW 64.90.445) and the requirement to offer a no-cost way to pay assessments (RCW 64.90.480(10)) (RCW 64.90.365; ESSB 5129). The full chapter applies to all common interest communities on January 1, 2028 (RCW 64.90.360(2); ESSB 5796).
What changed about board meetings on January 1, 2026?
Board meetings must be open to unit owners, with at least 15 minutes of owner comment at the start of each meeting and at least 90 seconds per owner per unit (RCW 64.90.445(2)(e)). Executive sessions are limited to specific enumerated topics (RCW 64.90.445(2)(b)), and board-meeting notice must go out at least 14 days ahead unless the meeting is on a schedule already provided to owners (RCW 64.90.445(2)(f)).
What are the new rules for collecting overdue assessments?
E2SSB 5686 set a strict sequence. The first delinquency notice must go out by first-class mail no later than 30 days after an assessment becomes past due (RCW 64.90.485(21)(a)). For 15 days after that notice, charges are capped: the cost of printing and mailing, an administrative fee of no more than $10, and a single late fee of no more than the lesser of $50 or 5% of the unpaid assessment (RCW 64.90.485(21)(b)). A second, preforeclosure notice may be sent only once the account is at least 90 days past due and at least 60 days after the first notice (RCW 64.90.485(22)(b)). Foreclosure is gated further still, including a minimum-owed threshold and the mediation pathway (RCW 64.90.485(21)-(22); RCW 64.90.685).
Do we have to offer a free way to pay assessments?
Yes. Since January 1, 2026, every Washington association must offer at least one method of paying assessments that costs the owner nothing beyond the assessment itself (RCW 64.90.480(10), in force for all associations since January 1, 2026; ESSB 5129).
What happens to our CC&Rs and bylaws on January 1, 2028?
Any provision in your governing documents that is inconsistent with chapter 64.90 RCW becomes invalid by operation of law on the day your community becomes subject to the chapter. For most associations that day is January 1, 2028, with no grace period (RCW 64.90.375; ESSB 5796). Amending the declaration generally requires at least 67% of all votes in the association, and an amendment takes effect only upon county recordation (RCW 64.90.285(1)(a), (3)). There is no statutory restatement deadline in 2027, but restating before 2028 is the practical path to internally consistent documents.
How fast do we have to produce records or a resale certificate?
Records: association records must be available for owner examination and copying upon 10 days' notice, and in no event later than 21 days. Those are calendar days, not business days (RCW 64.90.495(2)(a)(ii)). Resale certificates: a certificate must be furnished within 10 days of a unit owner's request, with the preparation charge capped at $275 and the six-month update at $100 (RCW 64.90.640(2)). These resale rules govern WUCIOA communities now, all communities by 2028.
Who actually enforces these laws?
No state agency audits Washington associations. Enforcement is private: owners and associations resolving disputes directly. In those suits the court may award attorney fees in either direction (RCW 64.90.685). The reliable defense is unglamorous: track the deadlines, send the notices correctly, and keep the proof.
Next step
See where your association stands
Run a few pages of your CC&Rs through the free scanner for an instant read, or see the whole system working on your own association's documents.
Informational, not legal advice. Confirm anything statutory with your association attorney.
Citations verified June 2026 against the statute text at app.leg.wa.gov, as amended through 2026 c 96 (SHB 2354) and 2026 c 194 (HB 1500).