Washington Uniform Common Interest Ownership Act (WUCIOA)

The Washington Uniform Common Interest Ownership Act (WUCIOA), which became effective in July 2018, is the state’s primary legal framework governing the creation, alteration, management, and sale of condominium projects and other common interest communities (CICs). WUCIOA applies to new common interest communities, and introduces significant requirements that developers must navigate to ensure compliance, including full compliance of pre-existing communities by 2028.

Key Aspects of WUCIOA:

Governing Documents & Declarations:

WUCIOA sets forth specific requirements for declarations and maps that must be recorded for all CICs. The declaration and map govern the operation, maintenance, and management of the community.

Association Management & Governance:

Condominiums and certain CICs fall under WUCIOA’s requirements for creating and managing owners' associations. The act outlines clear rules regarding the election of board members, financial transparency, reserves, and the duties of the board to manage common areas and enforce rules, among other items.

Assessments and Reserve Funds:

WUCIOA mandates the collection of assessments from owners to cover the costs of managing and maintaining common areas and other association obligations. It also requires associations to maintain reserve funds to cover future repair and replacement costs, a particularly important consideration for high-rise condo developments.

Dispute Resolution:

The act includes provisions for dispute resolution between owners and associations, or between developers and owners. We help clients comply with WUCIOA’s alternative dispute resolution mechanisms to avoid litigation.

Disclosure Obligations:

Developers of condominiums and certain CICs are required to provide detailed public offering statements that disclose the project’s financials, governance, and legal structures to potential buyers, as required by WUCIOA. Our attorneys ensure that these documents comply with all disclosure obligations to protect clients from legal exposure.

Successful Outcomes

Creation of Airspace Condo Developments: We have successfully created dozens of airspace condo developments and other CICs over the years, ranging from small 2-3 unit projects to large projects with hundreds of units. We have extensive experience with both horizonal and vertical condo projects, as well as condo conversions and other complex projects.

WUCIOA Compliance for Multi-Use Condo Development: We successfully guided several Seattle-based developers through WUCIOA compliance while structuring the governance documents for multi-use airspace condominium projects. These developments integrate commercial and residential units under one unified governance framework.

Dispute Resolution in Airspace Condominium Associations: We have successfully represented developers and owners of airspace condominiums in disputes related to governance and maintenance issues in mediation to avoid costly litigation.

HCMP attorneys have extensive experience in navigating the complexities of airspace condominium and other CIC projects, including the challenges posed by Washington’s Middle Housing bill and WUCIOA. Whether you need guidance on zoning, creation, selling, governance, financing, operation, or dispute resolution, our team is here to provide the legal solutions that ensure your project’s success.