This page is designed as a one-stop shop for statutes that materially impact common interest communities (CICs). Whether you're an owner or resident of a community association, a handful of US federal statutes and multitude of state statutes impact your condominium (condo), cooperative (co-op), homeowners association (HOA), master planned community, PID, PUD and everything in between.
8 Federal laws and rules impact common interest community (CIC) governance: Americans with Disabilities Act, Broadband Access Rule, Corporate Transparency Act, Fair Debt Collection Practices Act, Fair Housing Act, Freedom to Display the American Flag Act, Over the Air Reception Devices Rule, and Servicemembers Civil Relief Act.
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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- Requirements that are superseded by language in your governing documents ("unless otherwise provided" and "if the bylaws so provide")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. 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.
- One-off requirement for independent contractors
- Tree maintenance restrictions
- Watering restrictions and regulation of grass and turf
Governance hierarchy and statute database
CIC Governance Hierarchy
GOVERNANCE HIERARCHY: Federal Statutes > State Statutes > County and City / Municipal Codes & Ordinances >
Case Law > Declaration > Bylaws > Rules & Regulations > Policies & Resolutions > Procedures > Board Discretion
FREE Download: Governance Hierarchy Pyramid
CIC Governance Hierarchy Pyramid Common Interest Community (CIC) Statute Database
Common Interest Community (CIC) Statute Matrix
This matrix is designed as a condensed 'at a glance' version of our database. Click to View Full Document
StatuteMatrix.webp)
WASHINGTON COMMON INTEREST COMMUNITY STATUTES
View additional statutes in the database above.
SB5796 / ESSB5796: ONE LAW for Washington State
Recent Washington State LEGISLATION < CLICK to expand👆⏬ >
--- 2024 ---
- EFFECTIVE JUNE 06, 2024:
- HB1054 — Prohibits common interest communities from limiting occupancy for unrelated adults beyond limits imposed by the government.
- SB5973 — Requires common interest communities to allow the installation of heat pumps subject to reasonable restrictions.
- SB5934 — Requires HOAs to allow pollinator habitats on lots
- SB5796 — Many updates. See WUCIOA.info for all the details. Also known as ESSB5796.
--- 2023 ---
-
EFFECTIVE MAY 01, 2023:
- HB1199 — Requires common interest communities to allow licensed child care centers in certain circumstances.
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EFFECTIVE JULY 23, 2023:
- HB1043 — Synchronizes prior CIC statutes with RCW 64.90 (WUCIOA) and makes a change to the availability of member lists.
- HB1101 — Prohibits common interest communities from reviewing tenant screening reports.
- HB1349 — General improvements realted to foreclosure (only certain provisions apply to community associations).
- HB1636 — Improves the notice required prior to foreclosure and increases the minimum from $200 to $2,000 in delinquent assessments or 3 months of assessments, whichever is greater, before proceeding to pre-foreclosure.
--- 2022 ---
- EFFECTIVE JUNE 9, 2022: SHB1793 | VIEW: Electric Vehicles (EV) PAGE
Concerning electric vehicle charging stations in common interest communities.
- EFFECTIVE JUNE 9, 2022: SB5722 - Reducing Greenhouse Emissions in Buildings
--- 2021 ---
- EFFECTIVE JANUARY 1, 2022: SB 5034 | FULL TEXT >>> RCW 24.03A
Concerning nonprofit corporations. [SECTION 5204 became effective July 1, 2022.] CHANGE SUMMARY
Getting your owners to opt into electronic notice can be very helpful for a number of reasons. LEARN MORE
- EFFECTIVE MAY 10, 2021: HB 1482 | FULL TEXT | VIEW: Collection$ 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!
Related governance topics
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