Statutes
Federal statutes such as the Americans with Disabilities Act, Fair Housing Act, Over the Air Reception Devices Rule, Freedom to Display the American Flag Act, Servicemembers Civil Relief Act and Fair Debt Collection Practices Act all directly impact common interest community (CIC) governance.
Many of the aforementioned federal statutes have been passed and/or been updated in the past two decades and often supersede state statutes.
State CIC and nonprofit corporation statutes define the fundamental governance framework that allows for the existence of common interest communities. Additional state statues govern specific property rights, collections and other bits and pieces that add to the pile.
Earlier WA State CIC statutes (RCW 64.32 and RCW 64.38) are relatively lean compared to the 1990 Condominium Act (RCW 64.34) and the 2018 Uniform Common Interest Ownership Act (WUCIOA - RCW 64.90). In addition to these statutes, the WA Nonprofit Corporation Act (RCW 24.03A) plays a role (for incorporated associations) in addition certain other state laws.
EXAMPLES: What's in my State Statues?
Requirements that always apply regardless of language in your governing documents ("notwithstanding")
Requirements that are superseded by language in your governing documents ("unless otherwise provided" and "if the bylaws so provide")
Basic definitions and requirements of Units (descriptions, boundaries, alterations, subdivision, etc.)
Requirements for amending a declaration (CC&Rs)
Meetings (of members and directors)
Powers of the Board and of the association
Free Speech requirements
Developer / Declarant rights and obligations
Steps for terminating your CIC
County and city ordinances and municipal codes are relatively narrow with regard to applicability to common interest communities, but their relevance should not be underestimated.
During the global COVID-19 pandemic, some counties like King located in WA State, took measures above and beyond state mandates for prophylactic measures (face covering requirements and more). More generally, county and city ordinances govern aspects of modern life that we sometimes take for granted.
EXAMPLES: What's in my County and City Ordinances and Municipal Codes?
General health and safety
Height restrictions for buildings
Noise levels and permissible hours: when noise becomes an enforceable nuisance (example rules, page 8 Quiet Hours)
Occupancy standards: the number of people who can co-habit based on square footage, number of bedrooms, what constitutes a legal office space, etc.
CIC Governance Hierarchy
Statutory & Governing Documents Hierarchy.pdfFEDERAL & STATE CIC STATUTE LOOKUP
WASHINGTON COMMON INTEREST COMMUNITY STATUTES
Recent Washington State LEGISLATION
--- 2022 ---
EFFECTIVE JUNE 9, 2022: SHB1793 | VIEW: Electric Vehicles (EV) PAGE
Concerning electric vehicle charging stations in common interest communities
EFFECTIVE JUNE 9, 2022: SB5722 - Reducing Greenhouse Emissions in Buildings
--- 2021 ---
EFFECTIVE JANUARY 1, 2022: SB 5034 | FULL TEXT >>> RCW 24.03A
Concerning nonprofit corporations. [SECTION 5204 became effective July 1, 2022.] CHANGE SUMMARY
Getting your owners to opt into electronic notice can be very helpful for a number of reasons. LEARN MORE
EFFECTIVE MAY 10, 2021: HB 1482 | FULL TEXT | VIEW: Collection$ Page
Addressing foreclosure protections for homeowners in common interest communities.
Although not applicable to all types of common interest communities, this bill could establish a precedent directly impacting the ability to evict tenants unless there are four or more violations committed in a twelve month period.
EFFECTIVE JULY 1, 2018: WUCIOA (RCW 64.90)
While 99% of the WUCIOA statute applies only to communities formed after July 1, 2018 and to those that adopt it, RCW 64.90.525 (Budgets and Assessments) and RCW 64.90.545 (Reserve Study) retroactively apply to ALL Washington State CICs.
N.B. Failure to observe these requirements jeopardizes your annual budget ratification process!
