There are different Acts that govern homeowners associations and condominiums in Washington. It is important to understand these Washington HOA laws to prevent legal problems.
The Washington Uniform Common Interest Ownership Act governs the creation, management, operation, and termination of common interest communities formed in the state after July 1, 2018. This includes condominiums, planned communities, and cooperatives.
You can find the Washington Uniform Common Interest Ownership Act under Chapter 64.90 of the Washington Revised Code. It consists of four sections, listed below.
There are two Acts that apply to condominium associations in Washington. The first is the Horizontal Property Regimes Act, which regulates the creation, operation, management, and powers of horizontal property regimes that explicitly opt to follow this Act by recording a declaration or master deed.
The second is the Washington Condominium Act, which regulates the creation, alteration, management, and termination of condominiums established after July 1, 1990.
You can find the Horizontal Property Regimes Act under Title 64, Chapter 64.32 of the Washington Revised Code. It consists of the following sections:
You can find the Washington Condominium Act under Chapter 64.34 of the Washington Revised Code. It contains five articles, each one divided further into sections.
The Washington Nonprofit Corporation Act applies to non-profit corporations in the state. Condominiums and homeowners associations that establish themselves as non-profit corporations must adhere to the provisions of this Act in terms of corporate structure, management, and procedure.
You can find the Washington Nonprofit Corporation Act under Title 24, Chapter 24.03 of the Washington Revised Code. It consists of the following sections:
The HOA laws of Washington also cover fair debt collection. Under the Washington Consumer Protection Act, debt collectors may not engage in abusive, unfair, or misleading practices when attempting to collect a debt. It consists of similar provisions found in the federal Fair Debt Collection Practices Act.
Victims of misleading, unfair, or abusive debt collection practices may file a private lawsuit in state or federal court. They may also submit a complaint to the Federal Trade Commission, the Consumer Financial Protection Bureau, or the Washington Attorney General’s Office.
According to Section 64.38.055 of the Washington Revised Code, homeowners associations may not prohibit members from installing solar panels on their own property. However, associations may impose regulations concerning the placement and location of such devices. Additionally, homeowners must still go through the association’s architectural review process before installing solar energy devices.
The Washington State Civil Rights Act protects people from housing discrimination based on race, national origin, sex, color, creed, sexual orientation, or military status. It also offers protection to families with children, persons with any sensory, physical, or mental disability, honorably discharged veterans and persons who use service animals.
Washington’s Fair Housing laws work similarly to the federal Fair Housing Act as well as the Americans with Disabilities Act. Housing discrimination victims can submit a complaint to the U.S. Department of Housing and Urban Development or the Washington State Human Rights Commission. They may also file a private lawsuit in state or federal court,