Wash. Rev. Code § 64.38.005
Intent. (Effective until January 1, 2028.)
The intent of this chapter is to provide consistent laws regarding the formation and legal administration of homeowners' associations.
Revised Code of Washington Chapter 64.38 — Homeowners' Associations
Washington · statute · Wash. Rev. Code ch. 64.38 · 34 active provisions
Wash. Rev. Code § 64.38.010
Definitions. (Effective until January 1, 2028.)
For purposes of this chapter:(1) "Assessment" means all sums chargeable to an owner by an association in accordance with RCW 64.38.020.(2) "Baseline funding plan" means establishing a reserve funding goal of maintaining a reserve account balance above $0 throughout the 30-year study period described under RCW 64.38.065…
Wash. Rev. Code § 64.38.015
Association membership. (Effective until January 1, 2028.)
The membership of an association at all times shall consist exclusively of the owners of all real property over which the association has jurisdiction, both developed and undeveloped.
Wash. Rev. Code § 64.38.020
Association powers. (Effective until January 1, 2028.)
Unless otherwise provided in the governing documents, an association may:(1) Adopt and amend bylaws, rules, and regulations;(2) Adopt and amend budgets for revenues, expenditures, and reserves, and impose and collect assessments for common expenses from owners;(3) Hire and discharge or contract with managing agents and…
Wash. Rev. Code § 64.38.025
Board of directors—Standard of care—Restrictions—Budget—Removal from board. (Effective until January 1, 2028.)
(1) Except as provided in the association's governing documents or this chapter, the board of directors shall act in all instances on behalf of the association. In the performance of their duties, the officers and members of the board of directors shall exercise the degree of care and loyalty required of an officer or…
Wash. Rev. Code § 64.38.028
Removal of discriminatory provisions in governing documents—Procedure. (Effective until January 1, 2028.)
(1) The association, acting through a simple majority vote of its board, may amend the association's governing documents for the purpose of removing:(a) Every covenant, condition, or restriction that is void by reason of RCW 49.60.224; and(b) Every covenant, condition, restriction, or prohibition, including a right of…
Wash. Rev. Code § 64.38.030
Association bylaws. (Effective until January 1, 2028.)
Unless provided for in the governing documents, the bylaws of the association shall provide for:(1) The number, qualifications, powers and duties, terms of office, and manner of electing and removing the board of directors and officers and filling vacancies;(2) Election by the board of directors of the officers of the…
Wash. Rev. Code § 64.38.033
Flag of the United States—Outdoor display—Governing documents. (Effective until January 1, 2028.)
(1) The governing documents may not prohibit the outdoor display of the flag of the United States by an owner or resident on the owner's or resident's property if the flag is displayed in a manner consistent with federal flag display law, 4 U.S.C. Sec. 1 et seq. The governing documents may include reasonable rules and…
Wash. Rev. Code § 64.38.034
Political yard signs—Governing documents. (Effective until January 1, 2028.)
(1) The governing documents may not prohibit the outdoor display of political yard signs by an owner or resident on the owner's or resident's property before any primary or general election. The governing documents may include reasonable rules and regulations regarding the placement and manner of display of political y…
Wash. Rev. Code § 64.38.040
Quorum for meeting. (Effective until January 1, 2028.)
Unless the governing documents specify a different percentage, a quorum is present throughout any meeting of the association if the owners to which thirty-four percent of the votes of the association are allocated are present in person or by proxy at the beginning of the meeting.
Wash. Rev. Code § 64.38.045
Financial and other records—Property of association—Copies—Annual financial statement—Accounts—Requirements for retaining. (Effective until January 1, 2028.)
(1) The association or its managing agent shall keep financial and other records sufficiently detailed to enable the association to fully declare to each owner the true statement of its financial status. All financial and other records of the association, including but not limited to checks, bank records, and invoices,…
Wash. Rev. Code § 64.38.050
Violation—Remedy—Attorneys' fees. (Effective until January 1, 2028.)
Any violation of the provisions of this chapter entitles an aggrieved party to any remedy provided by law or in equity. The court, in an appropriate case, may award reasonable attorneys' fees to the prevailing party.
Wash. Rev. Code § 64.38.055
Governing documents—Solar panels. (Effective until January 1, 2028.)
(1) The governing documents may not prohibit the installation of a solar energy panel by an owner or resident on the owner's or resident's property as long as the solar energy panel:(a) Meets applicable health and safety standards and requirements imposed by state and local permitting authorities;(b) If used to heat wa…
Wash. Rev. Code § 64.38.057
Governing documents—Drought resistant landscaping, pollinator habitat, wildfire ignition resistant landscaping. (Effective until January 1, 2028.)
(1) The governing documents may not prohibit the installation of drought resistant landscaping, pollinator habitat, including beehives compliant with local regulation, or wildfire ignition resistant landscaping. However, the governing documents may include reasonable rules regarding the placement and aesthetic appearan…
Wash. Rev. Code § 64.38.060
Adult family homes. (Effective until January 1, 2028.)
(1) To effectuate the public policy of chapter 70.128 RCW, the governing documents may not limit, directly or indirectly:(a) Persons with disabilities from living in an adult family home licensed under chapter 70.128 RCW; or(b) Persons and legal entities from operating adult family homes licensed under chapter 70.128 R…
Wash. Rev. Code § 64.38.065
Reserve account and study. (Effective until January 1, 2028.)
(1) An association is encouraged to establish a reserve account with a financial institution to fund major maintenance, repair, and replacement of common elements, including limited common elements that will require major maintenance, repair, or replacement within thirty years. If the association establishes a reserve…
Wash. Rev. Code § 64.38.070
Reserve study—Requirements. (Effective until January 1, 2028.)
(1) A reserve study as described in RCW 64.38.065 is supplemental to the association's operating and maintenance budget. In preparing a reserve study, the association shall estimate the anticipated major maintenance, repair, and replacement costs, whose infrequent and significant nature make them impractical to be incl…
Wash. Rev. Code § 64.38.075
Reserve account—Withdrawals. (Effective until January 1, 2028.)
An association may withdraw funds from its reserve account to pay for unforeseen or unbudgeted costs that are unrelated to maintenance, repair, or replacement of the reserve components. The board of directors shall record any such withdrawal in the minute books of the association, cause notice of any such withdrawal to…
Wash. Rev. Code § 64.38.080
Reserve study—Demand for preparation and inclusion in budget. (Effective until January 1, 2028.)
(1) When more than three years have passed since the date of the last reserve study prepared by a reserve study professional, the owners to which at least thirty-five percent of the votes are allocated may demand, in writing, to the association that the cost of a reserve study be included in the next budget and that th…
Wash. Rev. Code § 64.38.085
Reserve account and study—Liability. (Effective until January 1, 2028.)
Monetary damages or any other liability may not be awarded against or imposed upon the association, the officers or board of directors of the association, or those persons who may have provided advice or assistance to the association or its officers or directors, for failure to: Establish a reserve account; have a curr…
Wash. Rev. Code § 64.38.090
Reserve study—Exemptions. (Effective until January 1, 2028.)
Except as provided in RCW 64.90.080 and 64.90.545, an association is not required to follow the reserve study requirements under RCW 64.38.025 and RCW 64.38.065 through 64.38.085 if the cost of the reserve study exceeds five percent of the association's annual budget, the association does not have significant assets, o…
Wash. Rev. Code § 64.38.095
Application to common interest communities. (Effective until January 1, 2028.)
(1) This chapter does not apply to common interest communities as defined in RCW 64.90.010:(a) Created on or after July 1, 2018; or(b) That have amended their governing documents to provide that chapter 64.90 RCW will apply to the common interest community pursuant to RCW 64.90.370.(2) Pursuant to RCW 64.90.365, the fo…
Wash. Rev. Code § 64.38.100
Liens for unpaid assessments—Notice of delinquency—Second notice. (Effective until January 1, 2028.)
(1)(a) If the governing documents of an association provide for a lien on the lot of any owner for unpaid assessments, no later than 30 days after an assessment becomes past due, an association must provide a notice of delinquency to a lot owner by first-class mail that meets the following criteria. The notice of delin…
Wash. Rev. Code § 64.38.110
Notice. (Effective until January 1, 2028.)
(1) Notwithstanding any inconsistent provision in the governing documents, notice to the association of lot owners, board, or any lot owner or occupant of a lot under this chapter shall be in writing and shall be provided to the recipient by personal delivery, public or private mail or delivery service, or by electroni…
Wash. Rev. Code § 64.38.120
Voting—In person, absentee ballots, proxies. (Effective until January 1, 2028.)
(1) Owners may vote at a meeting in person, by absentee ballot pursuant to subsection (3)(d) of this section, or by a proxy pursuant to subsection (5) of this section.(2) When a vote is conducted without a meeting, owners may vote by ballot pursuant to subsection (6) of this section.(3) At a meeting of owners the follo…
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