ALERT TO ALL HOAs & COAs

UNIVERSALLY APPLICABLE WUCIOA LAWS COMING VERY SOON

When it was enacted in 2018, the WUCIOA^[1] was applicable in its entirety only to post-2018 communities but with a few important provisions that were universally applicable to all HOAs and COAs – whether old or new. Subsequently, in 2024 our ever-active legislature amended the WUCIOA to make it applicable in its entirely to all communities beginning 1/1/28. Additionally, some of its provisions have been made applicable beginning 1/126. Impact Of Future Applicable Provisions – 1/1/28 The 2028 imposition of the WUCIOA on all planned communities (both HOAs and COAs as well as some other less common types of communities) will represent a sea change in the legal requirements for the operation and governance of all, or nearly all, associations in communities that were organized prior to July 1, 2018. Those communities have not to date been subject to the vast majority of the WUCIOA provisions, but beginning January 1, 2028 they will. The new 2028 requirements are too numerous to list, but just a few examples include:

• Procedure to amend the CCRs/Declaration and restrictions on challenges to the validity of amendments (RCW 64.90.285)
• Requirements to terminate a common interest community (RCW 64.90.290)
• Requirements re preparation of financial statements, maintenance of bank accounts, notice to members regarding certain types of legal proceedings. (RCW 64.90.405)
• Permitted and prohibited actions of the Association Board and requirements regarding its members and officers. (RCW 64.90.410)
• Obligations of Association regarding repair and maintenance of common elements. (RCW 64.90.440)
• Quorum requirements for both member and Board meetings. (RCW 64.90.450)
• Procedures for and methods of voting at member meetings. (RCW 64.90.455)
• Association insurance requirements. (RCW 64.90.470)
• Records that must be kept, rights of members to inspect records and records are not subject to disclosure. (RCW 64.90.495)
• Required procedure to adopt Association rules and regulations. (RCW 64.90.505)
• Removal of officers and Board members. (RCW 64.90.520)
• Rights of individual owners to enforce governing documents. (RCW 64.90.685)

Impact Of Future Applicable Provisions – 1/1/26 There a few provisions that will become applicable 1/1/26. They include the following:

• New rules and options regarding the ability to impose/allocate particular types of assessments on bases other than that used with respect to the Association’s general assessments. (RCW 64.90.480)
• Use and approval of heat pumps for individual homes/units (RCW 64.90.580)
• Very significant requirements for and procedures applicable to both membership and Board meetings. (RCW 64.90.445)

Currently Applicable WUCIOA Provisions The WUCIOA provisions to take effect in the future are in addition to a number of significant WUCIOA provisions that are already in effect currently and applicable to both old and new communities including, as examples, provisions relating to:

• Budget and assessment adoption procedures. (RCW 64.90.525)
• Reserve study provisions. (RCW 64.90.545)
• Priority of and foreclosure procedure, including mandatory pre-foreclosure notices, for assessment liens. (RCW 64.90.485)

Accordingly, it is important that the governing Boards of all HOAs and COAs become fully conversant with those requirements of the WUCIOA that currently apply to their communities and those that will soon (in 2026 or 2028) apply to their communities. Governing documents, including Declarations, CCRs and Bylaws will need to be amended to conform to these requirements, and both the Boards and the members will need to become informed of these requirements in order to insure understanding and compliance. If you have questions or wish professional assistance regarding these new laws (or regarding other HOA or COA legal issues), we can help. [1] RCW 64.90, the “Washington Uniform Common Interest Ownership Act” or “WUCIOA” as it’s commonly referred to was initially enacted effective July 1, 2018 and then subsequently amended multiple times.