Washington State HOA Laws 2026: Complete Guide for HOA Boards and Homeowners

Why Washington State HOA Law Matters in 2026

Washington State's technology-driven growth — concentrated in King County (Seattle, Bellevue, Redmond), Snohomish County, and increasingly in Pierce and Clark counties — has produced a large and growing stock of HOA communities. Two primary statutes govern HOAs: the Washington Homeowners Association Act (RCW 64.38) for planned communities and the Washington Condominium Act (RCW 64.34) for condominiums. Understanding which statute applies and what it requires is the foundation of effective board governance.

Key Washington HOA Statutes

Washington Homeowners Association Act — RCW 64.38

RCW Chapter 64.38 governs homeowners associations in Washington State. Key provisions include:

• Meeting requirements: Associations must hold at least one annual meeting. Board meetings must be open to members. Notice of annual meetings must be given at least 10 and not more than 60 days before the meeting.
• Assessment liens: Associations have a lien for unpaid assessments. The lien is superior to most other claims except governmental taxes and first mortgages recorded before the lien. Washington does not authorize non-judicial foreclosure of HOA assessment liens — judicial foreclosure is required.
• Records access: Members may inspect and copy association records including financial records, meeting minutes, and the member roster.
• Rules authority: The board has authority to adopt rules and regulations consistent with the governing documents. Rule changes typically require notice to members.
• Enforcement: Associations may impose fines for covenant violations after notice and an opportunity to cure. Fines must be reasonable and consistent.

Washington Condominium Act — RCW 64.34

Condominium associations are governed by RCW Chapter 64.34, which has distinct provisions around common element ownership, unit owner voting rights, reserve funding, and resale disclosure requirements.

Washington Planned Community Act — RCW 64.90

Washington's Uniform Common Interest Ownership Act (RCW 64.90), effective January 2018 for new associations, provides a more comprehensive framework for common interest communities created after its effective date. Older associations governed by RCW 64.38 may voluntarily adopt certain provisions of RCW 64.90.

2025–2026 Enforcement Trends in Washington

• EV charging rights: Washington law (RCW 64.38.063 and RCW 64.34.425) restricts HOA authority to prohibit EV charging installations. Both planned community and condominium associations must accommodate reasonable EV charging requests.
• Solar rights: Washington law limits HOA restrictions on solar panels. Associations may impose reasonable aesthetic requirements but may not prohibit solar installations that comply with applicable standards.
• Short-term rental debates: The Seattle and Eastside rental markets have generated significant HOA litigation over short-term rental restrictions. Washington courts have generally upheld clearly drafted short-term rental prohibitions in HOA declarations.
• Judicial foreclosure requirement: Unlike states that allow non-judicial HOA lien foreclosure, Washington requires court involvement. This means assessment collection litigation is more expensive and time-consuming for Washington associations, making proactive collection practices particularly important.
• Virtual meetings: Washington expressly permits virtual board and member meetings under RCW 64.38 and RCW 64.90. Many Washington associations have permanently adopted hybrid meeting formats.

Homeowner Rights Under Washington Law

• Right to inspect association records including financial statements, meeting minutes, and member roster.
• Right to attend open board meetings and annual member meetings.
• Right to vote in board elections in accordance with governing documents.
• Right to install EV charging equipment subject to reasonable association rules.
• Right to install solar panels subject to reasonable aesthetic restrictions.
• Right to notice and cure opportunity before fines are imposed.

Board Obligations Under Washington Law

• Hold at least one annual member meeting with proper notice.
• Open board meetings to member observation.
• Maintain complete financial and corporate records accessible to members.
• Follow judicial foreclosure procedures for delinquent assessment liens.
• Accommodate EV charging requests in compliance with RCW 64.38.063.
• Enforce rules consistently and follow notice-and-cure procedures before imposing fines.

Managing Washington HOA Compliance in 2026

Washington's HOA legal framework — spanning RCW 64.38, RCW 64.34, and RCW 64.90 — requires boards to maintain strong governance practices. The requirement for judicial foreclosure of assessment liens makes proactive collection and communication with delinquent members especially important.

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