RCW 64.38
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Washington's Homeowners' Associations Act, enacted in 1995, governs planned-community HOAs whose declarations were recorded before July 1, 2018. Establishes the foundational framework for Washington HOAs — board governance, budget ratification, assessment liens, and meeting/notice rules — distinct from the condominium regimes under RCW 64.32 and 64.34. Being fully superseded by WUCIOA (RCW 64.90) on January 1, 2028 under ESSB 5796.
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Statutory Text
Verified Apr 19, 2026 · LEG_WA_GOV
Sections HTML PDF 64.38.005 Intent. HTML PDF 64.38.010 Definitions. HTML PDF 64.38.015 Association membership. HTML PDF 64.38.020 Association powers. HTML PDF 64.38.025 Board of directors — Standard of care — Restrictions — Budget — Removal from board. HTML PDF 64.38.028 Removal of discriminatory provisions in governing documents — Procedure. HTML PDF 64.38.030 Association bylaws. HTML PDF 64.38.033 Flag of the United States — Outdoor display — Governing documents. HTML PDF 64.38.034 Political yard signs — Governing documents. HTML PDF 64.38.035 Association meetings — Notice — Board of directors. HTML PDF 64.38.040 Quorum for meeting. HTML PDF 64.38.045 Financial and other records — Property of association — Copies — Annual financial statement — Accounts — Requirements for retaining. HTML PDF 64.38.050 Violation — Remedy — Attorneys' fees. HTML PDF 64.38.055 Governing documents — Solar panels. HTML PDF 64.38.057 Governing documents — Drought resistant landscaping, pollinator habitat, wildfire ignition resistant landscaping. HTML PDF 64.38.060 Adult family homes. HTML PDF 64.38.062 Electric vehicle charging stations. HTML PDF 64.38.065 Reserve account and study. HTML PDF 64.38.070 Reserve study — Requirements. HTML PDF 64.38.075 Reserve account — Withdrawals. HTML PDF 64.38.080 Reserve study — Demand for preparation and inclusion in budget. HTML PDF 64.38.085 Reserve account and study — Liability. HTML PDF 64.38.090 Reserve study — Exemptions. HTML PDF 64.38.095 Application to common interest communities. HTML PDF 64.38.100 Liens for unpaid assessments — Notice of delinquency — Second notice. HTML PDF 64.38.110 Notice. HTML PDF 64.38.120 Voting — In person, absentee ballots, proxies. HTML PDF 64.38.130 Tenant screening. HTML PDF 64.38.140 Licensed family home child care or licensed child day care center — Regulations — Liability. HTML PDF 64.38.150 New associations minimum density. HTML PDF 64.38.160 New associations — Accessory dwelling units. HTML PDF 64.38.170 Occupancy limits. HTML PDF 64.38.180 Heat pumps. HTML PDF 64.38.184 Transit-oriented development restrictions. HTML PDF 64.38.900 Conflict with other sections. Notes: Speed enforcement: RCW 46.61.419 .
Governance
| Ref | Requirement |
|---|---|
| (chapter) | Planned-community HOAs created between 1995 and mid-2018 are governed by the HOA Act. Condominiums fall under RCW 64.32 or 64.34; newer HOAs fall under WUCIOA. |
| (chapter) | The three most-used sections of the HOA Act govern how the board operates, how unpaid assessments become liens, and the HOA's filing obligations with the WA Secretary of State. |
| (chapter) | Every Washington HOA currently under the HOA Act must transition to WUCIOA by January 1, 2028. Board members should audit their declaration and bylaws now — provisions inconsistent with WUCIOA will not survive the transition. |
Interpreting Case Law
Referenced By
- RCW 64.90 Supersedes
Other sections in this chapter
Legal Topics
Articles Citing This Statute
- The 2028 WUCIOA Deadline: What Every Pre-2018 Washington HOA Needs to Know Supporting
- WUCIOA vs RCW 64.38: Does Washington's New HOA Law Apply to Your Association? Primary
- What Is WUCIOA? Washington's 2026 HOA and Condo Law Explained Supporting
- Washington HOA Reserve Study Requirements: What the Law Requires Passing
- Washington SB 5686: New HOA Collection Rules Every Board Must Understand Before Foreclosure Supporting
- Washington Resale Certificates: What HOAs Must Disclose Supporting
- WUCIOA 2026 Compliance Checklist: The Definitive Reference for Washington HOA Boards Supporting
- The HOA Delinquent Dues Collection Process: What Boards Actually Need to Do Supporting
- Washington HOA Law Changes 2026: What Every Board Must Know About ESSB 5129 and WUCIOA Compliance Supporting
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.