RCW 64.34 Explained: Washington Condominium Act for Board Members

RCW 64.34 Explained: Washington Condominium Act for Board Members

You're three months into your board term when a unit owner sends a 47-page demand letter citing sections of RCW 64.34 you've never heard of. They're not wrong—but neither are you. Welcome to governing under the Washington Condominium Act, where good intentions meet specific statutory requirements.

RCW 64.34, Washington's Condominium Act, defines how your association must operate, what records you must keep, and what rights unit owners hold. If you serve on a condo board in Washington state, this isn't suggested reading—it's the framework for every decision you make.

What RCW 64.34 Actually Covers

The Washington Condominium Act establishes the legal foundation for condominium ownership and governance in Washington state. Enacted in 1989 and amended multiple times since, it's based on the Uniform Condominium Act but includes Washington-specific provisions.

RCW 64.34 addresses six main areas your board deals with regularly:

Creation and structure of condominiums (RCW 64.34.020 through 64.34.092). This defines what makes your property a condominium legally, how units and common elements are defined, and what your declaration must contain.

Association powers and responsibilities (RCW 64.34.300 through 64.34.372). This section outlines what your board can and cannot do, from adopting budgets to filing liens.

Unit owner rights and obligations (RCW 64.34.204 through 64.34.304). These provisions detail what unit owners can expect from the association and what they owe in return.

Records and transparency requirements (RCW 64.34.425). This often-cited section specifies exactly what records you must maintain and when owners can access them.

Resale certificates and disclosures (RCW 64.34.410 through 64.34.415). When a unit sells, your association has specific obligations to provide information to buyers.

Dispute resolution and remedies (RCW 64.34.368). This covers what happens when things go wrong between the association and unit owners.

Records Access: Your Most Common RCW 64.34 Question

RCW 64.34.425, as of 2026, requires your association to maintain detailed records and make them available to unit owners. This statute generates more questions—and more friction—than almost any other provision.

Here's what you must provide within a reasonable time when an owner requests it: meeting minutes (including executive session minutes with only certain redactions), financial records including bank statements and invoices, contracts your association has entered, insurance policies, reserve study reports, and board member contact information.

"Reasonable time" isn't defined in the statute. Most attorneys advise responding within 10 business days for straightforward requests. Complex requests requiring significant compilation time may take longer, but you must acknowledge the request promptly.

You can charge for copies—but only actual costs. That means your photocopy and postage expenses, not an hourly rate for the board member who spent Saturday afternoon at the clubhouse making copies. Some associations scan and email documents to avoid these costs entirely.

The tricky part: executive session minutes. RCW 64.34.308(4) allows your board to meet in executive session for specific purposes—personnel matters, legal strategy, enforcement actions. Unit owners can access these minutes, but you can redact information that would violate another person's privacy or compromise legal strategy. Document your redaction reasoning. If challenged, you'll need to explain why specific information was withheld.

Assessment Authority and Collection Under Condo Laws Washington

Your power to assess and collect from unit owners comes directly from RCW 64.34.304 and RCW 64.34.364. Understanding these provisions prevents the most common assessment disputes.

Every unit owner must pay their share of common expenses. The statute makes this obligation clear and enforceable. Your declaration specifies how you allocate assessments—typically by unit percentage interest, but some associations use other formulas for specific expenses.

Special assessments require specific procedures. Unless your governing documents say otherwise, you need a majority vote of the board to impose a special assessment. Some declarations require owner approval for special assessments above certain thresholds. Check your documents before proceeding.

RCW 64.34.364 gives you a statutory lien for unpaid assessments. This lien attaches automatically when assessments become delinquent—you don't need to record anything to create it. However, you must record a lien claim to enforce it or to make it visible to title companies during a sale.

Your lien has priority over most other liens except tax liens and a first mortgage recorded before your assessment became delinquent. This priority makes assessment collection more enforceable than general debt collection, but you still need to follow proper procedures.

The statute requires you to provide written notice before filing a lien. You must also offer the owner an opportunity to enter a payment plan before commencing foreclosure. These aren't optional courtesies—they're statutory requirements that courts will review if your collection action is challenged.

Meeting Requirements and Owner Participation

RCW 64.34.308 establishes minimum meeting requirements for Washington condo associations. Your governing documents may require more frequent meetings, but they cannot require fewer than what the statute mandates.

You must hold at least one annual meeting of unit owners. The statute doesn't specify exactly what must occur at this meeting, but typical practice includes electing board members, reviewing financial reports, and addressing owner questions.

Board meetings are generally open to unit owners as observers unless you're in executive session. RCW 64.34.308(4) lists the only permissible reasons for executive session: considering personnel matters, consulting with legal counsel, discussing enforcement actions against specific owners, or investigating alleged misconduct.

Notice requirements matter. Your bylaws specify notice periods for meetings, but Washington law implies a reasonableness standard. Seven days' notice for regular board meetings and 14-21 days for annual owner meetings represents common practice in the Puget Sound region.

Remote participation has evolved significantly since 2020. As of 2026, most associations allow board members and owners to attend meetings via video conference. Your governing documents should address whether remote attendees count toward quorum and how remote voting works. If your documents are silent, adopt a board resolution clarifying these procedures before you need them.

Insurance and Liability Provisions

RCW 64.34.360 requires your association to maintain property insurance on the common elements and liability insurance for the association. These aren't recommendations—they're statutory obligations.

Your property insurance must cover all common elements and, depending on your declaration, portions of units that are association responsibility. The statute requires replacement cost coverage, not actual cash value. Your policy must include all board members, unit owners, and mortgagees as additional insureds.

The deductible question creates regular confusion. When association insurance applies but the damage originated in a specific unit, who pays the deductible? The statute doesn't specify. Your declaration should address this, but many older declarations are silent. If yours doesn't specify, consult your attorney before the loss occurs—not after.

Directors and officers liability insurance isn't statutorily required under RCW 64.34, but RCW 64.34.328 allows your association to indemnify board members for their actions taken in good faith within the scope of their authority. D&O insurance funds that indemnification. Most associations in Washington carry this coverage given the litigation environment.

Unit owner insurance responsibilities deserve clear communication. The association insures common elements; unit owners must insure their personal property and typically improvements within their units. Many unit owners don't understand this distinction until they file a claim and discover the association's policy doesn't cover their kitchen renovation.

Amendment Procedures and Declaration Changes

Your declaration is a recorded legal document. You can't change it with a simple board vote. RCW 64.34.264 specifies amendment procedures that protect both the association and individual unit owners.

Most declaration amendments require approval from 67% of unit owners, though your specific declaration may require a higher threshold. Some provisions—particularly those affecting a specific unit's allocated interest—may require unanimous consent or consent from affected owners.

The amendment process requires specific steps: draft the amendment language, distribute it to all unit owners with notice of the vote, collect votes according to your voting procedures, and record the approved amendment with the county. The amendment isn't effective until recorded.

Common amendments address outdated provisions, clarify ambiguous language, or modify use restrictions. Before proposing an amendment, confirm it doesn't conflict with RCW 64.34. Your declaration can be more restrictive than state law, but it cannot contradict or eliminate rights the statute provides to unit owners.

Technical amendments that correct scrivener's errors or inconsistencies may require lower approval thresholds under some declarations. Review your specific amendment provisions before assuming the standard 67% threshold applies to every change.

When to Get Legal Guidance on HOA Legal Requirements

This overview covers common scenarios, but RCW 64.34 contains nuances that apply differently depending on your declaration's specific language, when your condominium was created, and subsequent amendments to the statute.

Consult your association attorney before: filing a lien, amending your declaration, interpreting executive session requirements for specific situations, denying a records request, or taking enforcement action that could result in litigation. The cost of a one-hour consultation is substantially less than defending a statutory violation claim.

Manorway's governance tools help Washington condo boards maintain board-safe records and track compliance with RCW 64.34 requirements. From documented meeting procedures to audit-ready financial records, the platform keeps your association's governance transparent and defensible. See how it works for boards across the Puget Sound region.