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  • Requirements that are superseded by language in your governing documents ("unless otherwise provided" and "if the bylaws so provide")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

  • 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

CIC State Statute Project

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We're recruiting volunteers to help assemble a comprehensive CIC state statute database.


Please contact us to learn more and/or volunteer.

CIC State Statute Project

CIC Governance Hierarchy

CIC Governance Hierarchy

WASHINGTON COMMON INTEREST COMMUNITY STATUTES

Recent Washington State LEGISLATION

--- 2022 ---

Concerning electric vehicle charging stations in common interest communities


--- 2021 ---

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


Addressing foreclosure protections for homeowners in common interest communities. VIEW Example Notice of Delinquency


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.


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!

WA State Statutes Infographic