RCW 64.90 is WUCIOA
one state, one statute
January 1, 2028 — mandatory compliance deadline for all WA HOAs & condos
WUCIOA.info is your guide to RCW 64.90 and the Washington Uniform Common Interest Ownership Act, covering association legal obligations, prior statute differences, and governing document restatements.
RCW 64.90 is the Washington Uniform Common Interest Ownership Act
RCW Definition
RCW is an abbreviation for the Revised Code of Washington, which 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.
Legislative Background
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.
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. Condo Connection and HOA United worked closely with Senator Pedersen to provide recommendations and feedback.
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.
2026 Updates
RCW 64.90 was revised by multiple bills in 2026 including HB1500. See the Legislative History section for a full breakdown of changes.
Why It Matters
The precision of RCW 64.90 (WUCIOA) increases accountability and transparency from community associations to their members (homeowners). Pre-WUCIOA communities governed by RCW 64.32, RCW 64.34 and RCW 64.38 will be subject to WUCIOA on January 1, 2028 — making now the right time to review and restate your governing documents.
Evolution of Community Association Statutes in Washington State
1963
< 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" as last amended in 2023Why should you care about WUCIOA?
Because SB5796 and SB5129 retrofit RCW 64.90 (“WUCIOA”) to ALL Washington State community associations on January 1, 2028.* Already effective for existing RCW 64.90 communities.
- Exceptions are enumerated in RCW 64.90.360, RCW 64.90.365 and RCW 64.90.375 (see dispositions).
- There are limited exceptions such as commercial-only condominiums.
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.
Why restate?
- 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 Overview
Restatements create a single, fresh copy of your governing documents
Your declaration and bylaws are often restated concurrently due to their inter-dependencies
Voting Requirements
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). Certain communities may have a lower threshold — check your existing governing documents.
Process & Support
Restatements are not a DIY activity, but they should absolutely involve homeowner volunteers. Engage a professional who can clearly explain 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.
One or more homeowner volunteers must be prepared to review a significant volume of content. Using a collaborative, web-based content management system helps immensely. Carefully review all recommendations — template-based language is efficient but may contain restrictions that do not suit your community.
Legal Considerations
Restatements are not a DIY activity, but they should absolutely involve homeowner volunteers. Engage a professional who can clearly explain 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.
One or more homeowner volunteers must be prepared to review a significant volume of content. Using a collaborative, web-based content management system helps immensely. Carefully review all recommendations — template-based language is efficient but may contain restrictions that do not suit your community.
Restatements are not DIY — get expert help
WUCIOA.info is a public service of CondoConnection.org and the SMAARTE Group. Get professional restatement assistance.
Steps to amend and restate your declaration & bylaws
Get help
1
Amendments and restatements aren’t DIY. Engage a professional to guide plans, questions, options, and recommendations.
Write down your WHY
2
Inform owners early
3
Form a committee
4
Include 2+ non-Board volunteers. Meet, record, and report in open Board meetings. Owner input supports a 67% supermajority.
Board review & vote
5
Once your committee work is complete, proceed with a Board review and vote to move forward.
Engage an attorney
6
Only when ready. Share outcomes clearly. Use meetings, not email—details matter; nothing is minor.
Package & summarise
7
After finalising revisions, create an executive summary document. Most owners will not read dozens of pages of material.
Communicate & vote
8
Schedule a special meeting. Use electronic balloting to boost engagement. Aim above the 67% threshold.
Mission accomplished
9
Keep voting records. Have two directors sign and notarise documents. Record the declaration with your county.
Will my condo or HOA be subject to WUCIOA?
Use this decision guide to determine your community’s obligations.
RCW 64.90.360:
Except as provided otherwise … this chapter applies to ALL common interest communities.
Type of comminity |
|---|
Commercial Units Only |
Small Condominium |
Condominium |
HOA / Plat ≤50 Homes |
HOA / Plat >50 Homes |
Criteria |
|---|
No residential units? |
6 or fewer units? |
7+ units? |
Assessed <$1,000/home/year? |
50+ homes or >$1,000/yr dues? |
Type of comminity |
|---|
Subject to portions of WUCIOA |
May not be subject to WUCIOA |
Subject to WUCIOA |
Subject to some or all of WUCIOA* |
Fully subject to all of WUCIOA |
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.
2024 and prior: 12 unit Plat / HOA with <=$300 assessments = exceptions. 2026 HB2354: 50 unit Plat / HOA with <=$1,000 assessments = reduced obligations (only if the declarant included a good faith assessment cap in the original declaration). 2026: Condominiums with 6 or fewer units may not be subject to WUCIOA.
What's changing for
pre-WUCIOA communities?
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. These differences are significant and wide-ranging, covering elections, meetings, reserves, insurance, and enforcement.
In order of potential impact and/or applicability to most homeowners and community associations (CICs). The benefits of a restatement become clear as you consider these changes. January 1, 2028 is the mandatory compliance deadline for all Washington State communities.
Less wiggle room:
governing document restrictions
WUCIOA reduces deference to an association’s governing documents. This list reflects 2025 updates.
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, but may vary the following provisions:
Boundaries & Structure
- (f) RCW 64.90.210 — Boundaries between units and common elements
- (g) RCW 64.90.240(2) and (3) — Reallocation of limited common elements
- (h) RCW 64.90.245(11) — Horizontal boundaries of units
- (i) RCW 64.90.255 — Alterations of units and common elements made by unit owners
- (j) RCW 64.90.260(1) and (2) — Relocation of boundaries between units
- (k) RCW 64.90.265(1) and (2) — Subdivision and combination of units
Applicability & Community Types
- (c) RCW 64.90.360(4), 64.90.370, and 64.90.100 — Elections regarding applicability of this chapter
- (d) RCW 64.90.100(1), (2), and (3) — Communities restricted to nonresidential uses
- (p) RCW 64.90.360(4)(a) — Small communities
Voting, Amendments & Termination
- (n) RCW 64.90.285(1) and (8) — Percentage of votes and consents required to amend the declaration
- (o) RCW 64.90.290(1) and (8) — Percentage of votes required to terminate a common interest community and priority of creditors of a cooperative
- (x) RCW 64.90.455(3), (4), (5), and (8) — Unit owner voting
- (ff) RCW 64.90.525(1) — Percentage of votes required to reject a budget
Meetings & Quorum
- (v) RCW 64.90.445(1)(b) — Meetings
- (w) RCW 64.90.450 — Quorum requirements for meetings
Board & Officers
- (r) RCW 64.90.410(1) and (2) — Board acting on behalf of the association and the election of officers by the board
- (s) RCW 64.90.420(2) — Costs of audits
- (t) RCW 64.90.435(1)(b) — Election of officers by unit owners
- (ee) RCW 64.90.520(4) — Board’s ability to remove an officer elected by the board
Financial, Reserves & Audits
- (gg) RCW 64.90.545(2) — Applicability of reserve study requirements to certain types of common interest communities
Common Elements & Insurance
- (e) RCW 64.90.200(3)(a) and (b) — Timing of the conveyance of common elements to the association
- (m) RCW 64.90.280(1) and (3) — Easements through, and rights to use, common elements
- (u) RCW 64.90.440(1) and (4) — Responsibility for maintenance, repair, and replacement of units and common elements
- (y) RCW 64.90.465(1), (2), and (7) — Percentage of votes required to convey or encumber common elements
- (z) RCW 64.90.470(2) and (11) — Insurance where the units are attached, and insurance for a nonresidential community
- (aa) RCW 64.90.475(2) — Payment of surplus funds of the association
Association Authority & Rules
- (q) RCW 64.90.405(2)(p), (4)(c), and (5)(c) — Assignment of rights to future income, votes to reject borrowing, right to terminate a lease or evict a tenant
- (bb) RCW 64.90.485(7) and (20) — Priority and foreclosure of liens and additional remedies for collection of assessments
- (cc) RCW 64.90.505(1) and (3) — Adoption of rules
Declarant & Development
- (a) RCW 64.90.020(1) — Classification of a cooperative unit as real estate or personal property
- (b) RCW 64.90.030(2) and (3) — Reallocation of allocated interests and allocation of proceeds after eminent domain
- (l) RCW 64.90.275 — Sales offices, management offices, models, and signs maintained by a declarant
EV Charging & Heat Pumps | 2026
- (dd) RCW 64.90.513(8) — Responsibility for electric vehicle charging stations (expected to be removed in 2026)
- (hh) RCW 64.90.580(7) — Responsibility for heat pumps (expected to be removed in 2026)
N.B. #1 — These 34 deferential items help explain the importance of precise language in your declaration and bylaws.
N.B. #2 — State law does NOT prescribe every possible right and restriction. Great governing documents are critical for success!
N.B. #3 — This list is subject to errors and omissions because humans created it. Read the law to know for sure.
What's not changing for
WUCIOA communities?
Governance requirements that remain mostly or completely unchanged. Multiple governance requirements remain mostly or completely unchanged under WUCIOA.
Universal Requirements: Jan 1, 2026
- Open Meetings (RCW 64.90.445) and Emergency Meetings (RCW 64.90.502)
- Assessments as a Common Expense (RCW 64.90.480(10))
- EV Charging (RCW 64.90.513)
- Heat Pumps (RCW 64.90.580)
- … and a few other sections. Reference RCW 64.90.365
Applicable Portions of WUCIOA Since 2018
- RCW 64.90.525: Special assessment and budget ratification requirements
- RCW 64.90.545: Reserve study requirements that many associations already (but not necessarily) adopted
Pre-Existing Requirements since 2018
- Right of Owner Inquiry (2026 HB1501)
- Wildfire Hardening (2026 SB6054)
- Multiple updates including Meetings and more! (2025 SB5129)
- Delinquency, Collection and Foreclosure (2025 SB5686)
- Heat Pumps (2024 SB5973 and 2025 SB5129), Occupancy of Unrelated Adults (2024 HB1054) and Pollinators (2024 SB5934)
- Record-keeping and disclosure requirements (2023 HB1043)
- Tenant Screening (2023 HB1101)
- Licensed Family Home Child Care (2023 HB1199)
- Density Regulations (2023 HB1110)
- Accessory Dwelling Unit (ADU) Regulations (2023 HB1337)
- Delinquency, Collection and Foreclosure (2023 HB1349 and HB1636)
- Electric Vehicle (EV) Charging (2022 HB1793 and 2025 SB5129)
- Certain Notice and Voting standards (2021 SB5011)
- Drought-Resistant Landscaping (2020 HB1165)