RCW 64.34.304

Enumerates the powers of a Washington condominium unit owners' association under the Condominium Act. Includes the power to adopt budgets, levy assessments, employ managers, regulate use of common elements, impose fines for governing-document violations, and act on behalf of unit owners in matters affecting the common interest community. Effective until January 1, 2028, when WUCIOA supersedes the Condominium Act.

Status Active
Verified May 23, 2026
Source Official text

Reviewed · Washington changes feed

Statutory Text Verified May 7, 2026 · LEG_WA_GOV
(1) Except as provided in subsection (2) of this section, and subject to the provisions of the declaration, the association may: (a) Adopt and amend bylaws, rules, and regulations; (b) Adopt and amend budgets for revenues, expenditures, and reserves, and impose and collect assessments for common expenses from unit owners; (c) Hire and discharge or contract with managing agents and other employees, agents, and independent contractors; (d) Institute, defend, or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more unit owners on matters affecting the condominium; (e) Make contracts and incur liabilities; (f) Regulate the use, maintenance, repair, replacement, and modification of common elements; (g) Cause additional improvements to be made as a part of the common elements; (h) Acquire, hold, encumber, and convey in its own name any right, title, or interest to real or personal property, but common elements may be conveyed or subjected to a security interest only pursuant to RCW 64.34.348 ; (i) Grant easements, leases, licenses, and concessions through or over the common elements and petition for or consent to the vacation of streets and alleys; (j) Impose and collect any payments, fees, or charges for the use, rental, or operation of the common elements, other than limited common elements described in RCW 64.34.204 (2) and (4), and for services provided to unit owners; (k) Impose and collect charges for late payment of assessments pursuant to RCW 64.34.364 (13) and, after notice and an opportunity to be heard by the board of directors or by such representative designated by the board of directors and in accordance with such procedures as provided in the declaration or bylaws or rules and regulations adopted by the board of directors, levy reasonable fines in accordance with a previously established schedule thereof adopted by the board of directors and furnished to the owners for violations of the declaration, bylaws, and rules and regulations of the association; (l) Impose and collect reasonable charges for the preparation and recording of amendments to the declaration, resale certificates required by RCW 64.34.425 , and statements of unpaid assessments; (m) Provide for the indemnification of its officers and board of directors and maintain directors' and officers' liability insurance; (n) Assign its right to future income, including the right to receive common expense assessments, but only to the extent the declaration provides; (o) Join in a petition for the establishment of a parking and business improvement area, participate in the ratepayers' board or other advisory body set up by the legislative authority for operation of a parking and business improvement area, and pay special assessments levied by the legislative authority on a parking and business improvement area encompassing the condominium property for activities and projects which benefit the condominium directly or indirectly; (p) Establish and administer a reserve account as described in RCW 64.34.380 ; (q) Prepare a reserve study as described in RCW 64.34.380 ; (r) Exercise any other powers conferred by the declaration or bylaws; …
Assessment
Ref Requirement
(1)(b) The condominium board has statutory authority to set budgets and levy assessments against owners to fund operations — owner consent to the levy itself is not required, though ratification of the budget that drives the levy is required under RCW 64.34.308(4).
Enforcement
Ref Requirement
(1)(d) The association can sue or defend lawsuits in its own name when two or more owners are affected — for example, construction defect claims against a developer, or challenging a city zoning action affecting the whole community.
(1)(k) Before fining an owner, the board must (1) have adopted and distributed a written fine schedule, and (2) give the owner written notice and an opportunity to be heard. Fines imposed without a schedule or without a hearing are unenforceable.
(1)(k) Late fees are permitted but must be authorized by the declaration or bylaws — the board cannot invent a late fee without that authority. Once authorized, the board may set the amount and add the charge to delinquent accounts.
Governance
Ref Requirement
(1)(c) The board has full authority to retain a property management company, hire onsite staff, and contract with vendors. No special owner approval is required to contract for ordinary services within budget.
(1)(f) The board has broad authority to set rules governing how common areas are used, who maintains them, and what modifications are allowed — subject to declaration limits and reasonableness standards.
(2) The original developer cannot write rules into the declaration that give the developer better treatment than ordinary owners get. The association must apply rules and restrictions evenly.
Articles Citing This Statute
Legal references last verified May 23, 2026. This content is educational and informational. It does not constitute legal advice. Consult a licensed attorney in your state for legal guidance specific to your situation.
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