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, human rights, fair debt collection practices, solar easements and other legal provisions. 

CIC-related statutory governance began with a focus on development in the early 1960's, then shifted to regulating developers in the 1970's and has since evolved a more comprehensive statutory framework in many states through adoption of provisions that are both unique to each state government and also through the Uniform Common Interest Ownership Act (UCIOA) and Uniform Condominium Act (versions adopted over decades across a handful of states starting in the 1980's).  Read more: WHAT ARE CICs?!

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• Requirements that are superseded by language in your governing documents ("unless otherwise provided" and "if the bylaws so provide")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)

• Obligation of Good Faith and Duty of Care

• Notice

• Powers of the Board and of the association

• Surplus funds

• Disclosure

• Free Speech requirements

• Developer / Declarant rights and obligations

• Steps for terminating your CIC

Which State Statute Controls?

Conflicts between various state statutes are often reconciled according to a hierarchy within CIC-specific statutes.

RCW 64.34.300 - Unit Owners' Association Organization

... The association shall be organized as a profit or nonprofit corporation. In case of any conflict between Title 23B RCW, the business corporation act, chapter 24.03A RCW, the nonprofit corporation act, or chapter 24.06 RCW, the nonprofit miscellaneous and mutual corporations act, and this chapter, this chapter shall control.

RCW 64.90.400 - Unit Owners' Association Organization

(3) The association must have a board and be organized as a for-profit or nonprofit corporation or limited liability company.

(4) In case of any conflict between Title 23B RCW or chapter 23.86, 24.03A, 24.06, or 25.15 RCW and this chapter, this chapter controls.

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?

• Animal and pet regulations, including protections for wild animals

• Building Codes, Electrical Codes, Plumbing Codes, etc.

• Composting and Residential Recycling

• Fire Codes

• Floor plate and height restrictions generally known as zoning

• General health and safety such as smoke-free housing

• Inspection requirements for gated communities

• 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.

  • Occupancy standards generally reflect the International Property Maintenance Code

• One-off requirement for independent contractors

• Tree maintenance restrictions

• Watering restrictions and regulation of grass and turf