United States | Washington
Washington HOA and Condo Law: RCW 64.90 for Small Communities
Washington is moving every condo and HOA to one law, the Washington Uniform Common Interest Ownership Act (RCW 64.90). The Foundation for Community Association Research, an industry group, estimates 11,000 associations in Washington in 2025. Today the act covers communities created on or after July 1, 2018, and older ones that opt in. From January 1, 2028 it covers all of them, and the older condo and HOA acts are repealed.
The short answer
- Before January 1, 2028, RCW 64.90 covers communities created on or after July 1, 2018, and older ones that amend their declaration to join. From 2028 it covers every community (RCW 64.90.360).
- A community of no more than six units, all middle housing, whose declaration caps the average yearly assessment at $1,000 (as adjusted under RCW 64.90.065), is exempt from almost all of the act.
- The board proposes a budget, and owners holding a majority of all votes must reject it at a meeting, or it is ratified, with or without a quorum.
- A reserve study is required each year, with a professional site visit every third year, unless an exemption applies, such as when the study would cost more than 10 percent of the yearly budget.
- Owners get 14 to 50 days' notice of meetings. Records are available within 10 days, and never later than 21 days without a court order.
Who the act covers
- Before January 1, 2028: communities created on or after July 1, 2018, and older communities that amend their declaration to elect the act.
- Some sections already apply to older communities, including meetings, budget ratification and the reserve study (RCW 64.90.365).
- From January 1, 2028: all common interest communities. The older acts, chapters 64.32, 64.34 and 64.38 RCW, were repealed by 2024 c 321 with effect from that date.
- A plat or miscellaneous community of no more than 50 units with a declared average assessment cap of $1,000 follows only a listed set of sections.
The six-unit middle housing exemption
A community that "consists of no more than six units that are all middle housing as defined under RCW 36.70A.030" and whose declaration says the average yearly assessment for those homes may not exceed $1,000, as adjusted under RCW 64.90.065, is subject only to RCW 64.90.020, 64.90.025 and 64.90.030 (RCW 64.90.360(4)(a)(ii), as amended in 2026). The exemption holds only if the declaration also says the assessment cannot rise above that cap, and the declarant or the owners who approve the amendment reasonably believe in good faith that the cap will pay the association's expenses "in perpetuity".
A middle housing community that will never need an on-site wastewater system is also exempt from the reserve study, unless its documents require one (RCW 64.90.545(2)(c)).
Board and meetings
- After the transition meeting the board has at least three members, a majority of them owners, but never more members than there are units (RCW 64.90.410).
- At least one owners' meeting a year. Owners with 20 percent of the votes can ask for a special meeting.
- Notice of each owners' meeting: no less than 14 and no more than 50 days ahead, with the agenda and the text of any proposed amendment.
- Quorum: 20 percent of the votes, unless the organizational documents say otherwise. Board decisions pass by a majority of board members present.
Budgets, special assessments and reserves
- Within 30 days after adopting a proposed budget, the board sends it to all owners and sets a meeting 14 to 50 days later. The budget is ratified unless owners holding a majority of all votes reject it, "whether or not a quorum is present".
- The budget must show reserve contributions, whether the association has a reserve study, how far the budget follows it, and the reserve deficiency or surplus per unit.
- A special assessment follows the same ratification steps.
- Reserve study: an initial study by a reserve study professional, an update every year, and a professional site visit at least every third year. Exempt: nonresidential communities, those with only nominal reserve costs, middle housing communities that need no on-site wastewater system, and any year when the study would cost more than 10 percent of the budget.
Records and unpaid assessments
- Records include the budget and accounts for 7 years, minutes, owner lists, governing documents, financial statements and tax returns for 7 years, and contracts for 7 years.
- Owners and mortgage holders can examine records on 10 days' notice, and never later than 21 days without a court order.
- The association has a lien on each unit for unpaid assessments from the day they are due. It ranks ahead of an earlier mortgage for up to six months of regular assessments, plus limited foreclosure costs, after 60 days' written notice to the lender (RCW 64.90.485).
Read in the Revised Code of Washington on the Legislature's site on 31 October 2026, including the 2025 and 2026 amendments shown in each section's history.
Common questions
What is RCW 64.90? +
The Washington Uniform Common Interest Ownership Act, the state's law for condos, HOAs and other common interest communities. It covers every community from January 1, 2028.
Does RCW 64.90 apply to my older HOA? +
Before January 1, 2028, only if the community was created on or after July 1, 2018 or amended its declaration to join, though some sections such as budget ratification and the reserve study already apply. From 2028 it applies to all communities.
Is a small middle housing community exempt in Washington? +
Yes, from almost all of the act, if it has no more than six units, all middle housing, and its declaration caps the average yearly assessment at $1,000 (as adjusted under RCW 64.90.065) with the good-faith belief that the cap will cover expenses.
How is an HOA budget approved in Washington? +
The board proposes it, sends it to owners within 30 days, and holds a meeting 14 to 50 days later. It is ratified unless owners holding a majority of all votes reject it.
Does a Washington HOA need a reserve study? +
Yes, yearly, with a professional site visit every third year, unless an exemption applies, such as the study costing more than 10 percent of the yearly budget.
How much notice is needed for an HOA meeting in Washington? +
No less than 14 and no more than 50 days before the meeting.
How fast must a Washington HOA show records? +
On 10 days' notice, and never later than 21 days without a court order.
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