In July 2018, the Washington Uniform Common Interest Ownership Act (WUCIOA) went into effect, establishing a comprehensive legal framework for all newly formed condominiums, plat communities, and other “common interest communities” in the state. (Generally speaking, a “common interest community” is defined in WUCIOA, which is codified under RCW ch. 64.90, to refer to communities of all types with shared common expenses, common areas, and/or owner’s associations. WUCIOA replaced the patchwork of prior laws governing these types of communities. However, existing communities—and new communities created as part of previously established ones—were largely exempt from its provisions until January 1, 2028.
With the recent passage of Senate Bill 5129, the Washington State Legislature has accelerated the timeline for implementing certain WUCIOA provisions. These selected requirements will now apply to all common interest communities—including those previously exempt—beginning January 1, 2026, two years earlier than originally scheduled.
The accelerated provisions primarily address HOA meeting procedures, governance, and transparency. A summary of the most impactful changes is provided below:
Changes to HOA Meetings and Board Decision-Making
- Homeowner Comment Period: All Board meetings must begin with at least 15 minutes for homeowner comments. Boards may limit individual speaking time to 90 seconds or more per unit owner, with further reductions allowed if more than 10 owners wish to speak.
- Remote Meetings: Regardless of what governing documents state, HOAs may now hold meetings via telephone, video, or other electronic conferencing, provided certain other legal requirements are met. No physical location is required.
- Emergency Meeting Notices: In cases of unforeseen events, meeting notice may be given with only 7 days’ advance notice, rather than the usual 14, via electronic communication.
- Access to Board Materials: Homeowners may request access to all materials included in Board packets.
- Transparency in Governance: Additional requirements for meeting notices and recordkeeping will be enforced to ensure greater transparency.
- Committee Decisions: Board-level decisions of committees to which the Board has delegated important decision making—such as an Architectural Review Committee—now must be individually approved by the Board itself.
- Board Election Ballots: All election ballots must include a blank space to allow write-in candidates.
- Secret Ballots for Key Votes: Certain votes must be conducted via secret ballot, including elections, Board member removals, and amendments. These ballots must be opened, counted, and results recorded in the minutes. A quorum is not required if proper ballot handling procedures are followed. Candidates and current Board members may not access or count ballots in which they have a personal interest.
Changes to HOA Governance
- Resale Certificates: Like condominiums previously, associations for all types of common interest communities must now provide a resale certificate in connection with unit sales. Buyers have 5 days to cancel the sale upon receipt. Waivers are permitted under specific conditions outlined in RCW 64.90.600.
- Assessment Payment Options: Associations must offer at least one fee-free method for paying assessments.
- Reserve Fund Investments: No more than 50% of reserve funds may be invested, and any investment must comply with RCW 11.100.020.
- Financial Transparency: Associations must disclose to owners additional information related to reserve studies, investment strategies, and financial reports.
- EV Charging Stations: Boards approval ma not be required for an owner to install an electric vehicle charging station unless it affects a common element or connects to shared electrical infrastructure.
- Heat Pump Installations: Boards may not unreasonably withhold approval for installing heat pump systems on or in common areas.
Expanded Exemptions for Small Communities
- A plat or miscellaneous community is only subject to limited sections of WUCIOA if it:
- Contains 50 or fewer units (increased from 12), and
- Has an annual average assessment of $1,000 or less (increased from $300).
Next Steps
If you're unsure how these changes might affect your community, or if you need help bringing your governing documents and HOA practices into compliance with these provisions of WUCIOA by January 1, 2026, the Real Estate Team at HCMP is here to help. Additionally, keep in mind that full WUCIOA compliance will be mandatory for all communities by January 1, 2028, which will likely require more extensive revisions to your documents if you are part of a community that has not yet opted in to be governed by WUCIOA. We can assist you in preparing now to ensure a smooth transition and ongoing compliance.
Please contact Zac DeLap, Chris Addicott, or Emily Fenster for guidance on how these changes may affect your property and opportunities for strategic involvement.