HOA LAWS AND REGULATIONS

Federal HOA Laws - In addition to state law regulations, the federal government has laws that govern the operation and management of common interest communities, condominiums, cooperatives, and residential properties in Washington.
Horizontal Property Regimes Act (Condominiums), Wash. Rev. Code §§ 64.32.010, et seq.: The statute governs the formation, management, powers, and operation of horizontal property regimes that expressly elect to be governed by the Act by recording a Master Deed (or Declaration). See §64.32.020. See also, §64.32.250 (application of chapter, declaration, and bylaws), and §64.32.260 (applicability to common interest communities).
Washington Condominium Act, Wash. Rev. Code §§ 64.34.005, et seq.: The law governs the creation, alteration, termination, management, and protection of purchasers of condominiums created after July 1, 1990. § 64.34.010. A condominium project is created by recording a declaration in the county's recorder's office in which the property lies. §64.34.200.
Powers as to horizontal property regimes or condominiums, Wash. Rev. Code § 32.04.025. A mutual savings bank may do any act necessary or appropriate in connection with its interest in or ownership of any portion of a horizontal property regime or condominium.
Washington Uniform Common Interest Ownership Act, Wash. Rev. Code §§ 64.90.010, et seq.: The Act applies to all common interest communities (condominiums, cooperatives, and planned communities) created within Washington after the effective date of July 1, 2018. See § 64.90.075 (Common interest communities, new). See also, §64.90.080 (common interest communities, preexisting), §64.90.085 (common interest communities, amendments to), §64.90.090 (prior condominium statutes), §64.90.095 (election of preexisting common interest communities), and §64.90.100 (Common interest communities, nonresidential and mixed-use).
Condominium and Cooperative Conversion Protection and Abuse Relief Act of 1980, 15 U.S.C. §§ 3601 to 3616. The federal condominium statute applies to apartments that are converted to condominiums. The Act requires that tenants residing in converting structures with five or more units are entitled to adequate notice of the pending conversion and to receive the first opportunity to purchase units in the converted projects and that State and local governments which have not already provided for such notice and opportunity for purchase should move toward that end. Washington provides similar protections requiring notice regarding the conversion of apartments into condominiums (Wash. Rev. Code § 59.18.200).
Washington Nonprofit Corporation Act, Wash. Rev. Code §§ 24.03.005, et seq.: The law governs nonprofit corporations' corporate structure and procedure in Washington. If a condominium or homeowners' association is organized as a nonprofit corporation, it will be governed by the Act. Visit the Washington Secretary of State to find an association's corporate status.
Washington State Civil Rights Act, Wash. Rev. Code §§ 49.60.010, et seq.: The law protects people's right to access all housing opportunities without discrimination based on race, creed, color, sex, national origin, sexual orientation, families with children status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person who is blind, deaf, or physically disabled. See § 49.60.222 (unfair practices with respect to real estate transactions, facilities, or services), §49.60.040 (definitions), and §49.60.205 (age discrimination—limitation). See also, § 49.60.215 (unfair practices of places of public resort, accommodation, assemblage, amusement—Trained dog guides and service animals), and Wash. Rev. Code § 9.91.010 (denial of civil rights—terms defined) for associations with common elements open to the general public.
These state-level protections are similar to the federal Fair Housing Act (FHA) and the Americans With Disabilities Act (ADA). Victims of housing discrimination can file a complaint with the Washington State Human Rights Commission, HUD, or file a private lawsuit in federal or state court.
Recommended Reading:
Washington Consumer Protection Act (RCW 19:86 and 19:16) regulates debt collection practices at the state level and contains provisions similar to the federal Fair Debt Collection Practices Act (FDCPA). The Act prohibits debt collectors from using abusive, unfair, or deceptive practices when collecting a debt. HOA fees are considered "debts" under the FDCPA, and homeowners are protected "consumers." Victims of unfair debt collection practices can file a complaint with the state's Attorney General's Office, the FTC, or the CFPB. Under the FDCPA, victims also have the right to sue a debt collector in state or federal court within one year from the violation date.
Association's Board of Directors standard of care - Wash. Rev. Code § 24.03.127
Land Development Act, Wash. Rev. Code §§ 58.19.010, et seq.
Private Roads-Enforcement, Wash. Rev. Code § 46.61.419
Real Property Transfers - Seller's Disclosures, Wash. Rev. Code §§ 64.06.005, et seq.

GOVERNMENT AGENCIES

Federal Agencies - List of federal agencies with oversight authority over homeowners' associations.
Government Portal for Washington - Search for government information by topic and agency.
Washington State Human Rights Commission - The Commission has the authority to investigate alleged violations of housing discrimination. It may issue a charge if it concludes probable cause exists to believe that unlawful discrimination has occurred.
Washington Real Estate Commission - The Commission is responsible for the licensure, education, and discipline of real estate professionals.
Washington State Office of the Attorney General - The attorney general's office plays an important role in protecting the state's citizens. The attorney general's office enforces the state's debt collection laws.
Washington Secretary of State - Information on elections, businesses, licensing, and securities.
U.S. Department of Housing and Urban Development - Washington

FIND HOA CONTACT INFORMATION

HOA Directory - Homeowners can find an association’s corporate status, contact information, registered agent, management company’s information (if any), list of current board members, and the association’s corporation documents by conducting a search under the name of the subdivision or community.

HOA Documents - The association’s Declaration of Covenants, Conditions, and Restrictions (CC&Rs), Amendments to CC&Rs, Bylaws, Lien Notices, HOA Notices, Plats, Maps, and other community documents can be found by visiting the county recorder’s office website in which the association is located. The association’s CC&Rs must be recorded with the county land records to be enforceable.

LEGAL RESOURCES

Direct link to Revised Code of Washington (RCW).
Washington State Legislature - Search your state representative and the legislation (or, "statutory law")
Washington State Bar Association - The office gives the public access to a lawyer directory, lawyer referral service, free or low-cost legal services, and information to determine if a lawyer is in good standing, verify their malpractice insurance, or file a complaint.
Washington Courts - The website gives the public access to court information, documents, rules, legal opinions, court cases, self-help services, lawyer referral services, and more.
Supreme Court and Court of Appeal Opinions - Conduct a search for legal opinions relating to common interest communities.
Washington State Legal Aid - The organizations offers legal assistance to Washingtonians who cannot afford a lawyer.

SOLAR PANELS

Governing documents—Solar panels, Wash. Rev. Code § 64.38.055 - The statute provides that “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.” Thus, associations cannot prohibit solar installations—but the statute allows associations to regulate the location and placement of solar devices.
Homeowners should follow the association’s architectural application approval process prior to the installation of any solar devices.
National Renewable Energy Laboratory - The agency provides data sets, maps, models, and tools for the analysis of energy and energy-efficiency technologies.
Database of State Incentives for Renewables & Efficiency - Find solar access policies and incentives

DISCOVER MORE

Educational HOA articles. Giving you facts, not opinions.

Homeowners' Association As Vacation Destination: Short-Term Rental Restrictions in HOAs

Even if a community has a valid reason to restrict short-term rentals, it still needs legal and/or contractual authority to support the restriction. Typically, the authority comes from an HOA's declaration, from state law, or a combination of the two. A declaration is a contract among property owners in a community. The owners jointly agree to accept certain obligations and restrictions on how properties in the community can be used. If everyone complies, the community as a whole will benefit—or at least that is the idea.

Enforcing Conformity: Home Improvement Projects And Architectural Review Boards In HOAs

The U.S. legal system generally views any land-use restrictions with suspicion. However, the law also recognizes that reasonable restrictions are sometimes justified if they benefit the community as a whole. With that in mind, courts throughout the country have consistently upheld the right of HOAs to impose architectural restrictions as long as the restriction serves a legitimate purpose, is within the association's power under state law and/or the community's declaration, and does not violate any other law or public policy.

Step-By-Step Guide To The HOA Assessment Collections Process

When you purchase a property in a community with a homeowners’ association, you’re also acquiring the obligation to pay regular assessments. Unfortunately, though, homeowners are sometimes financially unable to pay assessments. Homeowners faced with potential collections action must understand how the HOA collections process works and the legal rights and redress available for both homeowners and the association. This guide will help all community members, including the board, resolve conflict, and avoid escalation.

Preventing the Spread of COVID-19 Within HOA Communities

On March 11, 2020, the World Health Organization declared the outbreak of COVID-19 (the medical condition caused by the novel coronavirus SARS-CoV-2), a global pandemic. HOAs and condominium associations have an essential role to play in slowing the spread of COVID-19. By applying the Center for Disease Control and Prevention (“CDC”) recommendations in the planned community setting, HOA board members, owners, residents, visitors, and employees can help prevent illness in their communities and keep their loved ones, friends, and neighbors healthy and safe.

HOA Powers and Obligations In Emergency Situations

The fundamental purpose of a homeowners’ association is to benefit the community and its members. Usually, that means preserving the aesthetic beauty of the neighborhood by maintaining common areas and ensuring homeowners keep up their properties. Or, it might mean using pooled resources to make life easier for the entire community—through road and sidewalk repairs or snow removal, for instance. Most of the time, the overall goal is to increase property values and raise the living standard in the community. In an emergency, though, an HOA’s role can take on an entirely new dimension.

Weathering The Storm: Coronavirus And Its Financial Impact on Homeowners

One way or another, future historians will consider the Coronavirus Pandemic among the most noteworthy events of the early 21st Century. The full economic impact on homeowners and their families cannot yet be precisely predicted, but it is likely to be immense. Taking the necessary precautions to avoid exposure to the virus and preparing for the financial ramifications will require prudence, careful planning, and maybe even a little creative thinking. Homeowners can't completely avoid the fallout from Coronavirus, but there are a few measures that could hopefully soften the blow.

Washington HOA Laws and Information