Washington is in the middle of a multi-year transition between two different HOA statutes, and knowing which one applies to your community matters. If your association's declaration was recorded before July 1, 2018, you're primarily governed by the older Homeowners' Association Act, RCW 64.38. If it was recorded on or after that date, you're fully governed by the newer Washington Uniform Common Interest Ownership Act, RCW 64.90. Older communities can also vote to opt into the new law early. Either way, both statutes fully merge on January 1, 2028, when RCW 64.38 sunsets and every Washington HOA moves to RCW 64.90 — and in the meantime, the legislature has been steadily importing specific RCW 64.90 protections into older communities ahead of schedule, most recently effective January 1, 2026.

The guide below describes what applies to a typical older (pre-2018) association today, since that's still most Washington HOAs, flagging clearly where a rule is one of the newer protections layered in early.

Fines: what your HOA can and can't charge

Washington sets no statutory dollar cap on fines. The board may levy "reasonable" fines after notice and an opportunity to be heard, following a fine schedule it adopted and distributed in advance — but the statute doesn't itself specify a minimum number of notice days or a hearing format, so check your own bylaws for those specifics.

See our guide on how to fight an HOA fine for the general playbook.

Unpaid assessments, liens, and foreclosure

For older Washington HOAs, a lien isn't automatic under state law — it exists only if your governing documents provide for one. Where it does apply, Washington has built a genuinely detailed, homeowner-protective collection timeline:

New as of January 1, 2026 — mandatory mediation before foreclosure: before an association can foreclose an assessment lien, it must go through an expanded version of the state's Foreclosure Fairness Program. A housing counselor or attorney can request a "meet-and-confer" session, and if that doesn't resolve things, either side can be referred to formal mediation — which specifically has to address payment-plan options. Mediator fees are capped at $400, split evenly. Foreclosure is paused while this process runs, which in practice can add well over 100 days to the timeline.

More on this in our guide to what happens if you don't pay HOA dues.

Meetings and quorum

Default quorum for older HOAs is 34% of the association's votes, present in person or by proxy, unless the governing documents set a different number. Since 2026, a newer-law protection now applies to older communities too: meeting notice must go out 14 to 50 days in advance, meetings must be open to all owners, and the board has to reserve at least 15 minutes at the start of each meeting for owner comment, with at least 90 seconds per owner. Absentee ballots and proxies are allowed; proxies expire 11 months after being issued unless stated otherwise.

Board elections

This is one of the thinner areas of Washington's older statute — there's no dedicated election law. Absent a bylaw provision saying otherwise, a majority of votes cast decides an association action, which would apply to elections too, though most HOA bylaws in practice use plurality voting for multi-candidate races. Washington law doesn't set eligibility restrictions, a delinquency bar, or a felony-conviction rule for board candidates at the state level — check your own bylaws. Only the owners, not the board itself, can remove a sitting director, with or without cause, by majority vote; the board can fill a vacancy that opens up mid-term. There's no dedicated administrative forum for election disputes — they go to superior court, where the prevailing party can recover attorney's fees.

For the general mechanics, see how HOA board elections work.

Buying a home in a Washington HOA

Here's the detail most likely to trip up a buyer: the detailed HOA resale certificate you may have heard about is a feature of the newer law (RCW 64.90), not yet a requirement for most existing Washington HOAs. For a typical pre-2018 community today, the operative disclosure is Washington's standard residential Seller Disclosure Statement ("Form 17"), which includes a dedicated HOA section — whether one exists, contact info for someone who can supply financials, the assessment amount, and any pending special assessments. You get 3 business days to rescind after receiving that disclosure (or an amendment to it), a right you can waive in writing, and it disappears once the deed is recorded at closing.

For communities already under the newer law (built after July 2018, or opted in early — and eventually every Washington HOA by 2028), a real resale certificate becomes mandatory: the association must produce one within 10 days of a request, for a fee capped at $275, and you get 5 business days to cancel after receiving it.

Ask which law applies: before you rely on either timeline, ask your agent or the HOA directly whether your community's declaration was recorded before or after July 1, 2018 — it changes what you're legally entitled to.

See our full buying checklist for homes in an HOA before you make an offer.

This guide reflects Washington's Homeowners' Association Act, RCW 64.38, and the Uniform Common Interest Ownership Act, RCW 64.90, as of 2026 — a period of active legislative transition between the two. It's for general education only and isn't legal advice. Your community's specific governing documents can add requirements on top of state law, and which statute applies to your association can change the answer significantly. For anything binding, talk to a Washington HOA attorney.

Need help with a Washington HOA issue? Find an HOA attorney in Washington, or find a management company in Washington.