RCW 64.90 is WUCIOA
ONE State + ONE Statute
Washington State
What is WUCIOA? RCW 64.90 is the Washington Uniform Common Interest Ownership Act (WUCIOA)
WUCIOA.info is a homeowner-centric guide to RCW 64.90 known as the Washington Uniform Common Interest Ownership Act (WUCIOA). This page includes a brief history of Washington's community association statutes and numerous differences between the requirements of RCW 64.90 (WUCIOA) and RCW 64.32 (the original condo act), RCW 64.34 (the "new" condo act) and RCW 64.38 (the HOA act), in addition to why governing document restatements are a necessary step for most communities.
RCW is an abbreviation for the Revised Code of Washington that codifies all Washington State laws (statutes). The terms RCW 64.90 and WUCIOA have the same meaning and will be used interchangeably throughout this site.
The Washington State legislature originally adopted RCW 64.90 (WUCIOA) as SB6175 effective July 1, 2018 based on the 2008 version of the UCIOA framework developed by the Uniform Law Commission. Nine states have adopted at least one version of UCIOA since its debut in 1982. Interested parties can view changes to UCIOA between 2014 and 2021.
In March 2024, Washington State's legislature passed SB5796 (ESSB5796) to further update WUCIOA with Senator Jamie Pedersen (D - 43rd) as the primary sponsor. Washington State is the first to adopt changes from UCIOA's 2021 framework (UCIOA 2021 amendment summary). Condo Connection and HOA United worked closely with Senator Pedersen to provide recommendations and feedback for SB5796 / ESSB5796 which was dubbed WUCIOA for All by the industry. In addition to a single standard, this legislation expands the reach of state statute to HOAs that were previously not subject to RCW 64.38.
Retrofitting RCW 64.90 / WUCIOA to regulate all community associations in Washington state is a major step toward positive, lasting legislative reform because it eliminates the complexity of four different standards. The precision of RCW 64.90 (WUCIOA) increases accountability and transparency from community associations to their members (homeowners).
Evolution of Community Association Statutes in Washington State
WUCIOA (RCW 64.90) is significantly more robust and generally more prescriptive than RCW 64.32, RCW 64.34 and RCW 64.38:
1976 < 19,000 words (36 sections): RCW 64.32 "Horizontal Regimes Act" (for condominiums) as last amended in 2023
1995 < 19,000 words (31 sections): RCW 64.38 "Homeowners' Associations Act" or "HOA Act" as last amended in 2023
1990 ~ 40,000 words (97 sections): RCW 64.34 "Condominium Act" as last amended in 2023
2018 > 57,000 words (106 sections): RCW 64.90 "WUCIOA" as last amended in 2023
2024 > 65,000 words (119 sections): RCW 64.90 "WUCIOA" as revised by SB5796 / ESSB5796
2025 > More changes are coming... Mandatory ADR is just one example. ⏰ Start planning your restatement NOW.
Why should you care about WUCIOA? Because SB5796 / ESSB5796 retrofits RCW 64.90 ("WUCIOA") to ALL Washington State community associations on January 1, 2028.* Effective 06/06/24 for existing 64.90 communities.
❗N.B. Plat communities (HOAs) not previously subject to RCW 64.38 will be subject to RCW 64.90.
*There are limited exceptions such as commercial-only condominiums and communities with <=12 units with average assessments <= ~$300/unit/year.
Exceptions are enumerated in RCW 64.90.360, RCW 64.90.365 and RCW 64.90.375 (see dispositions) as amended by Sections 505, 506, 507 and 508 of ESSB5796.
Will MY Condo or HOA be subject to WUCIOA?
Click to expand👇⏬
SECTION 506 (RCW 64.90.075): Except as provided otherwise ... this chapter applies to ALL common interest communities.
DEFINITION (RCW 64.90.010(10)): "Common interest community" means real estate described in a declaration with respect to which a person, by virtue of the person's ownership of a unit, is obligated to pay for a share of real estate taxes, insurance premiums, maintenance, or improvement of, or services or other expenses related to, common elements, other units, or other real estate described in the declaration.
A common interest community may be a part of another common interest community.
"Common interest community" does not include an arrangement described in RCW 64.90.110 or 64.90.115.
64.90.110: Cost-sharing arrangements and lessee obligations do not create a separate CIC.
64.90.115: Easements and covenants requiring owners of separately owned parcels to share obligations for a party wall, driveway, well or "other similar use" does not create a common interest community. EXAMPLE: Covenants that Run with the Land.
Community Attributes
Are there residential units (homes)? If YES, continue. Commercial-only condominiums are only subject to portions of WUCIOA.
Condominium? If YES, your community IS subject to WUCIOA.
HOA with more than 12 homes? If YES, your community IS subject to WUCIOA.
HOA less than 12 homes assessed > ~$300/year/home excluding insurance? If YES, your community IS subject to WUCIOA.
HOA less than 12 homes assessed < ~$300/year/home excluding insurance? If YES, your community IS NOT subject to WUCIOA.
Reference Sections 505, 506, 507 and 508 of ESSB5796. Pay special attention to the recodification of 64.90.075.
📢 RCW 64.90 (WUCIOA) cranks up the volume
on governance requirements. 📢
Coming to pre-existing communities on January 1, 2028
WHAT'S CHANGING for Pre-WUCIOA COMMUNITIES?
We've prepared a non-exhaustive list of major requirements imposed by WUCIOA (RCW 64.90) that do not exist and/or exist with less precision / prescription in RCW 64.32, RCW 64.34 and RCW 64.38. The benefits of a restatement become clear as you consider these changes PLUS the 30+ NEW requirements introduced by SB5796 (see below). Click to expand each section below. 👇⏬
POWERS & REGULATORY AUTHORITY
Fewer opportunities to customize the governing documents
Reference LESS WIGGLE ROOM👇
Borrowing requires more accountability and transparency
More precise allowances for fees and charges
Explicit allowance to assess units benefited
Explicit ability to designate "high risk components"
Political signs may not be prohibited and are subject to reasonable rules about placement and manner (i.e. size)
Voting rights cannot be suspended
Limits on the suspension of privileges
Specific rights of enforcement against tenants
Allowances for Board discretion to stay enforcement
Prohibition against arbitrary and capricious enforcement
Dispute resolution (ADR) can be adopted as a mandatory prerequisite to litigation
Limits on regulation of the use, occupancy or behavior in units
Limited authority for the Board to amend the declaration to correct errors and ambiguities without a vote of the members
BOARD BASICS
Must be comprised of at least three members
A quorum is only present if a majority of the directors are present at the time a vote is taken
Greater than or equal to two-thirds of the total director positions must be elected / not more than 1/3 of positions can be appointed
Application of conflict of interest and indemnification standards from RCW 24.06
Directors may be removed by the Board if they are delinquent in the payment of assessments and do not cure the delinquency
Members have the right to immediately elect a successor (pursuant to the Act) when a director is removed
Directors subject to removal have the right to speak at a meeting called for such purpose
Removal of directors at meetings of members is subject to notice of the same
MEETINGS
All meetings are open to owners (like RCW 64.38) AND owners have the right to comment at each meeting
Executive sessions must occur during open meetings AND may only address a short list of confidential items
Meetings must be formally noticed 14 days in advance -OR- provided in a formally noticed schedule to all owners
Meeting materials made available to the Board or Committee must also be made available to owners before every meeting
Persons who disrupt a Board or Committee meeting may be warned and subsequently expelled.
Additional clarity for annual meetings and special meetings
RESERVE FUNDS & RESERVE STUDY
The Board must be in direct control of reserve funds
Reserve transfers do not require two signatures (but requiring two signatures still seems prudent)
Additional reserve study requirements (some properties already meet these)
Reserve studies must include all components which replacement cost exceeds 1% of the annual budget
this is not license to exclude every other component
A statement expressing the reserve surplus or deficit on a per-unit basis
Reserve studies must be updated annually (few exceptions)
Less deference provided for Board discretion about the contents and preparation of reserve studies
ACCOUNTING, AUDITS, BUDGETS
Associations must use accrual based accounting practices
Annual audits cannot be waived by a vote of the members, except for associations with an annual budget <$50,000
Budgets must include reserve borrowing information
RESALE CERTIFICATE
More thorough disclosure standards. LEARN MORE
RULES & FEE SCHEDULES
Notice must be provided twice before creating, amending and/or repealing any rule.
Fine schedules are required before imposing fines
SB5796 requires fine schedules to be provided with two notices in the same manner as rules
INSURANCE
Master property insurance must cover units AND, unless specifically provided otherwise in the declaration, all improvements and betterments to the units
DEFINITIONS
61 terms defined versus 17, 45 and 22 in prior statutes
Precise definitions make a world of difference
DECLARATION, BYLAWS, MAPS & PLANS
Additional prescription for required content
DOLLAR AMOUNTS
All dollar amounts fixed in the statute adjust with inflation
COMMON ELEMENTS
With limited exceptions, common elements and limited common elements are an Association responsibility
Conveyance and encumbrance of common elements is subject to additional conditions
TORT LIABILITY
Unit owners are not liable in actions against an association
DECLARANT CONTROL & TRANSITIONS
Explicit requirements governing:
The period of declarant control
Transfer of association property
Transfer of special declarant rights
CORPORATE STATUS
Associations must be organized as corporations or LLCs
TERMINATION
Additional prescription for requirements to terminate
RIGHTS OF SECURED LENDERS
Additional limits on the rights of mortgagees
PUBLIC OFFERINGS, ESCROW, ETC.
Additional requirements for public offering statements
Additional requirements for escrow
Additional requirements for lien release
THIS WAY to WUCIOA >>>
RCW 64.90 is WUCIOA!
<<< THIS WAY to WUCIOA
2024 SB5796 NEW REQUIREMENTS for RCW 64.90 (WUCIOA)
SB5796 / ESSB5796 amends RCW 64.90 and adds over a dozen new sections. Click to expand👇⏬
In order of potential impact and/or applicability to most homeowners and community associations:
Retrofits RCW 64.90 "WUCIOA" to ALL Washington State community associations as of January 1, 2028*
Limited exceptions such as commercial-only condominiums and communities with <=12 units with average assessments <= ~$350/unit/year.
Less deference to governing documents to vary provisions of the law (see "LESS WIGGLE ROOM")
Precise disclosure statement for prospective purchasers
Election notice requirements (# of positions, qualifications, process for nominations, etc.)
Requirement for secret ballots for many owner votes including the election of directors ^^^
Votes without a meeting must include instructions for voting and ballots
Reasonable measures to verify members participating by electronic communication and authenticity of proxies and ballots
Meetings of members no longer have to be held at a physical location pursuant to specific criteria
New and updated schedules of fines must be formally noticed in the same manner as rules pursuant to RCW 64.90.505
Precise restrictions related to suspension of privileges
Associations cannot unreasonably prohibit storage of compost, garbage and recycling receptacles
Records disclosures must be provided within 10 days and at most within 21 days unless a court orders otherwise ^^^
Records disclosures will include electronic addresses unless owners opt out ^^^
Associations cannot unreasonably prohibit flagpoles within LCEs and Units, nor unreasonably prohibit outdoor political signs ^^^
"Emergency" is defined and sweeping emergency powers are explicitly enumerated
Common element expenses benefitting fewer than all owners must be specifically listed or categorized to assess exclusively
Associations can specially assess owners to recover costs relating to violations of maintenance standards and for ordinary negligence if specific language is incorporated into the declaration; associations must provide an opportunity for a hearing before making assessments related to these circumstances (including for gross negligence)
Appointed Board members may not comprise more than 1/3 of the Board (relocated from RCW 64.90.420 to RCW 64.90.410)
Express allowance for unit owners to discuss any matter at a special meeting
Declaration amendments are no longer required to provide reasonable protection of pre-existing uses
Declarations / CC&Rs can specify certain services or utilities are assessed by respective usage (instead of allocated interest)
Homeowners can request that the Board evaluate and remove unlawful restrictions in the governing documents
Prohibition against adverse possession of common elements and easements
Reallocation procedural updates such as a quorum of owners required, EV charging installs do not require reallocations, etc. ^^^
Common elements may be reallocated as limited common elements (change to the process to incorporate into units)
Votes from multiple unit owners of the same unit are automatically void except as provided by a declaration
Agents must provide records to an Association within 5 and 10 days of termination or the Board's demand, respectively ^^^
Updates to licensed family child care restrictions
Prohibition against unreasonable restrictions for adult family homes
Precise procedure for delegation of authority from a sub-association to a master association
Board members and their immediate family members and affiliates may not bid to take an interest related to unit foreclosures
Additional protections for value determinations related to termination
Additional records must be retained by an association
A declarant must transfer a reserve study, if one exists, to the unit owners
Transfer of special declarant rights
Requires disclosure notice in public offering statements ^^^
Clarification of new law re: divergence of physical boundaries ^^^
*This is a non-exhaustive list covering 200 pages of legislation. ^^^ Added by Amendment or Substitute Bill (view more info).
LESS WIGGLE ROOM
SB5796 / ESSB5796 reduces deference to an association's governing documents. Click to expand👇⏬
SB5796 SECTION 303 (RCW 64.90.509): Except as provided below, the governing documents may not vary a provision of RCW 64.90 (WUCIOA) that gives a right to or imposes an obligation or liability on a unit owner, declarant, association, or board.
The governing documents may vary the following provisions:
(a) RCW 64.90.020(1), concerning classification of a cooperative unit as real estate or personal property;
(b) RCW 64.90.030 (2)-(3), concerning reallocation of allocated interests and allocation of proceeds after a taking by eminent domain;
(c) RCW 64.90.075(4) (as recodified by this act), 64.90.095 (as recodified by this act), and 64.90.100, concerning elections regarding applicability of this chapter;
(d) RCW 64.90.210, concerning boundaries between units and common elements;
(e) RCW 64.90.240 (2) and (3), concerning reallocation of limited common elements;
(f) RCW 64.90.245(11), concerning horizontal boundaries of units;
(g) RCW 64.90.255, concerning alterations of units and common elements made by unit owners;
(h) RCW 64.90.260 (1) and (2), concerning relocation of boundaries between units;
(i) RCW 64.90.265 (1) and (2), concerning subdivision and combination of units;
(j) RCW 64.90.275, concerning sales offices, management offices, models, and signs maintained by a declarant;
(k) RCW 64.90.280 (1) and (3), concerning easements through, and rights to use, common elements;
(l) RCW 64.90.285 (1), (6), and (9), concerning the percentage of votes and consents required to amend the declaration;
(m) RCW 64.90.290 (1) and (8), concerning the percentage of votes required to terminate a common interest community and priority of creditors of a cooperative;
(n) RCW 64.90.405 (2)(p), (4)(c), and (5)(c), concerning an association's assignment of rights to future income, the number of
votes required to reject a proposal to borrow funds, and the right to terminate a lease or evict a tenant;
(o) RCW 64.90.410 (1) and (2), concerning the board acting on behalf of the association and the election of officers by the board;
(p) RCW 64.90.440 (1) and (4), concerning responsibility for maintenance, repair, and replacement of units and common elements and treatment of income or proceeds from real estate subject to development rights;
(q) RCW 64.90.445, concerning meetings;
(r) RCW 64.90.450, concerning quorum requirements for meetings;
(s) RCW 64.90.455, concerning unit owner voting;
(t) RCW 64.90.465 (1), (2), and (7), concerning the percentage of votes required to convey or encumber common elements and the effect of conveyance or encumbrance of common elements;
(u) RCW 64.90.470, concerning insurance for a nonresidential common interest community;
(v) RCW 64.90.475(2), concerning payment of surplus funds of the association;
(w) RCW 64.90.485 (7) and (20), concerning priority and foreclosure of liens held by two or more associations and additional remedies for collection of assessments as permitted by law;
(x) RCW 64.90.520(4), concerning the board's ability to remove an officer elected by the board;
(y) RCW 64.90.545(2), concerning applicability of reserve study requirements to certain types of common interest communities; and
(z) RCW 64.90.525(1), concerning the percentage of votes required to reject a budget.
N.B. The law does not address every concern or need. Precise language in the declaration and bylaws is critical!
What's NOT Changing?
Multiple governance requirements remain mostly or completely unchanged under WUCIOA.
Portions of WUCIOA applied pre-existing communities as of July 1, 2018 (RCW 64.90.080):
Special assessment and budget ratification requirements (RCW 64.90.525)
Reserve study requirements that many associations already (but not necessarily) adopted (RCW 64.90.545)
Portions of WUCIOA and requirements added to pre-existing statutes since 2018:
Heat Pumps (2024 SB5973), Occupancy of Unrelated Adults (2024 HB1054) and Pollinators (2024 SB5934)
Record-keeping and disclosure requirements (2023 HB1043) LEARN MORE
Tenant Screening (2023 HB1101)
Licensed Family Home Child Care (2023 HB1199)
Density Regulations (2023 HB1110)
Accessory Dwelling Unit (ADU) Regulations (2023 HB1337)
Delinquency and Foreclosure (2023 HB1349 and HB1636 | previously 2021 HB1482)
Electric Vehicle (EV) Charging (2022 HB1793)
Certain Notice and Voting standards (2021 SB5011) LEARN MORE | N.B. RCW 64.90 imposes additional notice requirements!
Drought-Resistant Landscaping(2020 HB1165)
Ancillary Requirements:
HOAs:
RESTATEMENT: Clean + Update Your Governing Documents
Given the significant differences between RCW 64.90 (WUCIOA) and previously enacted statutes, pre-WUCIOA communities governed by RCW 64.32, RCW 64.34 and RCW 64.38 should consider restating their governing documents. Click to expand👇⏬
WHY Restate Your Governing Documents?
Developers ("declarants") leave room for substantial improvement
Laws change. Community associations benefit from written material that complies with current law
Amendments over years or decades create hanging chads and an unintuitive soup of requirements
Codify material changes reflecting best practices and community idiosyncrasies by a vote of the members
ABOUT Restating your Declaration & Bylaws
Restatements (often called amendments and restatements) create a single, fresh copy of your governing documents
Your declaration and bylaws are often restated concurrently due to their inter-dependencies
Amendments and restatements to adopt RCW 64.90 (WUCIOA) require a 67% affirmative vote of the members
Bylaws amendments may have a lower threshold, but cannot update several fundamental elements
Limited amendments may be enacted by the Board without a vote of owners pursuant to RCW 64.90.285(11).
The steps to restate are similar to the steps to amend, but the volume of content updated is much greater
You must retain professional AND volunteer assistance!
Restatements are not a DIY activity, but they should absolutely involve homeowner volunteers
One or more homeowner volunteers must be prepared to review a significant volume of content.
Engage a professional who can clearly elucidate a plan, questions, options, and recommendations.
Engaging an attorney is best left for the end of the process to dot the "I's" and cross the "T's."
Carefully review all recommendations!
Template-based language is efficient, but may contain restrictions that do not suit your community.
There are items you might not catch until you review material more than once.
Using a collaborative, web-based content management system helps immensely.
STEPS to Amend and Restate your Declaration & Bylaws
Get help! 🛟 Amendments and restatements are not DIY engagements.
Write down WHY: list specific goals, provide example language to incorporate, and identify problem areas in existing documents.
Make sure your owners are informed early in the process. Encourage owner comment and participation.
Form a governing documents committee.
Committees, especially those including 2+ non-Board member volunteers, promote owner-centric processes.
Volunteer engagement often has the added benefit of reducing professional assistance, thereby reducing the amount of time and cost required to achieve superlative results.
Putting your owners at the center of the process makes sense when you need a 67% super-majority to approve the changes.
Identify one or two committee volunteers to drive the process forward. Meet regularly, keep minutes and share progress in open Board meetings. Keep detailed notes as you work through the governing documents (queue content management!)
Once your committee work wraps up, engage in Board review and vote to move forward.
Engage an attorney only when you're ready.
Explain what you've accomplished.
If you're going to exchange revisions, ensure you have an easy way to track changes and recommendations.
Make time to engage in one or more meetings. Email threads might limit your progress and lead to errors and omissions.
No detail is unimportant! Your declaration / CC&Rs runs with the land. Your bylaws manage how you govern. Get them right!
After finalizing revisions, package everything up with an executive summary document.
Most owners are not going to read dozens of pages of material. Create a summary of the most noteworthy changes.
Communicate. Communicate. Communicate with your owners. Get out the vote!
Schedule a special meeting of members (owners) to review the material.
Maximize engagement by using an electronic voting / balloting system.
Struggling to reach 67% (or other threshold)? Ask volunteers to engage owners individually via phone and email. It works!
Aim for a small margin of votes above and beyond the 67% threshold. N.B. Certain communities may have a lower threshold.
Mission accomplished?!
Meticulously document and retain voting records.
Have your declaration and bylaws restatements signed by two directors and notarized.
Submit your declaration / CC&Rs for recording by your county government.