Washington Condo Act vs. HOA Act: Which Laws Apply to Your Community?

Washington Condo Act vs. HOA Act: Which Laws Apply to Your Community?

If you serve on a community association board in Washington state, understanding which laws govern your community is fundamental to fulfilling your fiduciary duties. Many board members find themselves confused about whether the Washington Condo Act or HOA Act applies to their community—and the answer isn't always straightforward. With Washington's evolving condominium laws and homeowners association regulations, clarity on this topic has never been more important.

As of 2026, three primary statutes govern common interest communities in Washington: RCW 64.34 (the Washington Condominium Act), RCW 64.38 (the Homeowners' Association Act), and RCW 64.90 (the Washington Uniform Common Interest Ownership Act). This guide will help you identify which laws apply to your community and understand your legal obligations accordingly.

Understanding Washington's Three Key Statutes

RCW 64.34 - The Original Washington Condominium Act

RCW 64.34, enacted in 1963 and significantly revised in 1989, was Washington's original framework for condominium governance. This statute applies to condominiums created before July 1, 2018. If your condominium's declaration was recorded before this date, your community likely operates under RCW 64.34 unless you've formally transitioned to the newer statute.

The Washington Condo Act under RCW 64.34 establishes specific requirements for condominium governance, including unit owner rights, board powers, assessment collection procedures, and amendment processes. Communities under this act follow its provisions for everything from meeting notices to reserve study requirements.

RCW 64.38 - The Homeowners' Association Act

RCW 64.38 governs traditional homeowners associations—communities where residents own their homes and the land beneath them, sharing common areas and amenities. This statute applies to HOAs regardless of when they were created. The Washington HOA Act covers planned communities, residential subdivisions with covenants, and other non-condominium common interest communities.

This act establishes standards for HOA operations including election procedures, financial management, record-keeping requirements, and dispute resolution processes. If your community consists of single-family homes, townhomes where owners hold title to the land, or other non-condominium structures, RCW 64.38 likely governs your association.

RCW 64.90 - The Uniform Common Interest Ownership Act

RCW 64.90 represents Washington's most comprehensive approach to common interest community governance. Adopted in 2018 and effective July 1, 2018, this statute applies to all condominiums, cooperatives, leasehold common interest communities, and miscellaneous communities created on or after that date. It's based on the Uniform Common Interest Ownership Act (UCIOA) and consolidates many provisions from the earlier statutes while adding enhanced owner protections and modernized governance standards.

Communities created under RCW 64.90 benefit from more detailed provisions regarding resale certificates, construction defect claims, electronic communications, and owner rights. The statute also includes stronger reserve study requirements and more comprehensive disclosure obligations.

How to Determine Which Law Governs Your Community

The first step in identifying your governing statute is determining your community type and formation date. Here's a practical framework:

Check Your Declaration Date and Community Type

Review your community's declaration of covenants, conditions, and restrictions (CC&Rs). The recording date is critical. For condominiums, if the declaration was recorded before July 1, 2018, RCW 64.34 applies unless your community has elected to transition to RCW 64.90. Condominiums created on or after July 1, 2018, automatically fall under RCW 64.90.

For non-condominium communities (traditional HOAs with separately-owned lots), RCW 64.38 applies regardless of formation date, unless your community qualifies as a "miscellaneous community" under RCW 64.90.

Understand the Ownership Structure

The key distinction between condominium laws and homeowners association regulations often comes down to ownership structure. In condominiums, owners hold title to their individual units and an undivided interest in common areas. In traditional HOAs, owners typically hold title to both their homes and the land beneath them, with the association maintaining common areas.

Review Your Governing Documents

Your declaration should explicitly reference the governing statute. Look for language like "created pursuant to RCW 64.34" or "subject to the provisions of RCW 64.38." If your documents reference multiple statutes or the references seem outdated, consult with an attorney experienced in Washington community association law.

Key Differences in Legal Obligations

Understanding which statute governs your community matters because the laws impose different requirements:

Meeting and Notice Requirements

While all three statutes require associations to hold annual meetings and provide notice to owners, the specific timing and content requirements vary. RCW 64.90, for instance, includes more detailed provisions for electronic meeting participation and notice delivery than the older statutes.

Financial Management and Reserve Studies

Reserve study requirements differ significantly across the three acts. Communities under RCW 64.90 face more stringent reserve study standards as of 2026, including specific requirements for study updates and funding plans. The Washington HOA Act under RCW 64.38 has separate reserve study provisions that, while comprehensive, differ in their technical requirements from condominium laws.

Assessment Collection and Enforcement

Each statute grants associations lien rights for unpaid assessments, but the procedures for recording liens, imposing late fees, and foreclosing differ. Understanding your specific statute's requirements is essential to legally and effectively collecting assessments.

Records Access and Transparency

Owner rights to access association records vary across statutes. RCW 64.90 generally provides the most expansive records access rights, while RCW 64.34 and RCW 64.38 have their own specific provisions. Boards must understand which records must be made available, in what timeframe, and in what format.

Resale Certificate Requirements

All three statutes require associations to provide resale certificates when units or homes are sold, but the content requirements and timelines differ. Failure to comply with the correct statute's provisions can result in penalties or delayed closings.

Staying Compliant in 2026 and Beyond

As Washington's community association landscape continues to evolve, staying informed about your legal obligations is crucial. Here are actionable steps for board members:

First, confirm definitively which statute governs your community. If you're uncertain, invest in a legal opinion from a qualified attorney. This one-time expense can prevent costly compliance mistakes.

Second, ensure your board members and management company understand the specific requirements under your governing statute. Different laws mean different obligations, and what applies to your neighbor's HOA might not apply to yours.

Third, review your governing documents regularly to ensure they comply with current law. As of 2026, some provisions in older declarations may conflict with statutory requirements, and state law generally supersedes conflicting provisions.

Fourth, maintain detailed records of all board actions, financial decisions, and communications. Documentation requirements exist under all three statutes, and comprehensive records protect your board from liability.

Finally, consider how technology can streamline compliance. Modern HOA management software designed specifically for Washington communities can help boards track deadlines, maintain required records, generate compliant notices, and ensure transparency—all while accounting for the specific requirements of your governing statute.

Manorway's HOA management platform is built with Washington state's unique legal framework in mind, helping boards navigate the complexities of RCW 64.34, 64.38, and 64.90. From automated meeting notice generation that complies with your specific statutory requirements to integrated financial tools that support proper reserve study management, Manorway helps board members focus on community leadership rather than legal technicalities.