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 site 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, RCW 64.34 and RCW 64.38, 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 adopted RCW 64.90 (WUCIOA) as SB6175 which was signed into law effective July 1, 2018.  That original adoption of WUCIOA is 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.

Washington State passed SB5796 as ESSB5796 sponsored by Senators Jamie Pedersen (D - 43rd) and Ann Rivers (R - 18th) during its 2024 legislative session making it the first state to adopt UCIOA's latest 2021 version (see UCIOA 2021 amendment summary).  Condo Connection and HOA United worked closely with Senator Pedersen to provide recommendations and feedback for SB5796 / ESSB5796.

Retrofitting RCW 64.90 (WUCIOA) to regulate all community associations in Washington state is the next major step toward positive, lasting legislative reform because it eliminates the complexity of four different standards.  While not perfect, the precision of RCW 64.90 (WUCIOA) increases accountability and transparency from community associations to their members (homeowners).

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. 

*There are limited exceptions such as commercial-only condominiums and communities with <=12 units with average assessments <= ~$300/unit/year.

Exceptions are enumerated in Sections 505, 506, 507 and 508 of ESSB5796.

Will MY Condo or HOA be subject to WUCIOA?*

*A simplified explainer...

WUCIOA Applicability to Pre-Existing Communities

Community Attributes

Questions?  Please contact us.

📢 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 does not exist and/or exist with the same level of prescription in RCW 64.32, RCW 64.34 and RCW 64.38.  The necessity of of a restatement becomes clear as you consider these changes together PLUS the  30+ requirements introduced by SB5796 (see below).  Click to expand each section below. 👇⏬

POWERS & REGULATORY AUTHORITY

BOARD BASICS

MEETINGS

RESERVE FUNDS & RESERVE STUDY

ACCOUNTING, AUDITS, BUDGETS

RESALE CERTIFICATE

RULES & FEE SCHEDULES

INSURANCE

DEFINITIONS

DECLARATION, BYLAWS, MAPS & PLANS

DOLLAR AMOUNTS

COMMON ELEMENTS

TORT LIABILITY

DECLARANT CONTROL & TRANSITIONS

CORPORATE STATUS

TERMINATION

RIGHTS OF SECURED LENDERS

PUBLIC OFFERINGS, ESCROW, ETC.

THIS WAY to WUCIOA >>>

RCW 64.90 is WUCIOA!

This way to WUCIOA Sign - II

<<< 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:


*This is a non-exhaustive list of changes in the 200 pages of legislation.

^^^ Added by Amendment or Substitute Bill.  View more information on our SB5796 tracking page.

LESS WIGGLE ROOM

SB5796 / ESSB5796 reduces deference to an association's governing documents.  Click to expand👇

SB5796 - SECTION 303: 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!

One Law for Washington Community Associations: RCW 64.90 (WUCIOA)

What's NOT Changing? 

Multiple governance requirements will remain mostly or completely unchanged.

Portions of WUCIOA applied pre-existing communities as of July 1, 2018 (RCW 64.90.080):


Portions of WUCIOA and requirements added to pre-existing statutes since 2018:


Ancillary Requirements:


HOAs:

Evolution of a Statute

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:

Cleaning Up the Governing Documents
Cleaning Up the Governing Documents
Cleaning Up the Governing Documents

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?


ABOUT Restating your Declaration & Bylaws


STEPS to Amend and Restate your Declaration & Bylaws