Washington due diligence
Washington Condo Due Diligence Checklist
Washington has a moderately regulated common‐interest community environment. The state adopted the Washington Uniform Common Interest Ownership Act (WUCIOA, RCW 64.90) in 2018 for new associations and is phasing it in for older ones through 2028.
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Pre-2018 communities still follow older statutes (the 1990 Condominium Act RCW 64.34 for condos and the 1995 HOA Act RCW 64.38 for homeowners’ associations).
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The Washington document checklist
19 documents to review — 0 required by Washington statute. Every item explains what to verify.
Confirm you received these
Commonly provided in the resale package — verify none are missing.
- Declaration/CC&Rs — Required by statute to disclose (RCW 64.34.425(r)). *Statutory.*.
- Bylaws — Often requested in resale packet (not statutorily mandated but typically provided). *Important.*.
- Rules/Regulations — Should be in packet or requested from association.
- Current Budget — *Requested*. Not always auto-provided, but association records include it. Crucial to check funding levels.
- Financial Statements (YTD/last year) — *Statutory:* required content for resale certificate (balance sheet, income statement current to 120 days). Provide audited statements if any.
- Reserve Study & Account Statement — Statutory for resale certificate. Provides funding health. Critical in WA since studies are required.
- Minutes (Board/Annual) — *Requested proactively.* Not required in certificate, but giving at least last year’s minutes helps spot issues.
- Insurance Master Policy & Declarations — *Requested.* Must list coverage and deductibles. Statement of coverages is required in resale certificate.
- Deductible Schedule — *Requested.* Often not in packet; association should disclose. Crucial if earthquake/flood deductible is especially high.
- Claims History — *Requested.* Not required by law, but important if recent disasters (e.g. fire, flood) occurred.
- Pending Litigation Summary — Statutory: must disclose any pending suits in resale certificate. Seller should provide details.
- Special Assessment Notices — *Requested.* Must disclose current or approved special assessments. Buyers need to know if an assessment is coming.
- Loan Documents (Association Debt) — *Requested.* If association has mortgages (RCW 64.34.450) or loans, disclosure is wise. Not in statutory pack.
- Engineering/Building Reports — *Requested proactively.* If the board had structural, roof, plumbing inspections, they should give them. Not required by law.
- Facade/Balcony/Milestone Inspections — *Requested.* Washington has no law, but if done (or if condos had building envelope audits), should be reviewed.
- Violation/Fine History — *Requested.* Association may be reluctant to share, but buyer can ask for open violations on the unit. Not statutory.
- Delinquency Report — *Requested.* Not in statute, but shows financial health. Many sellers do not provide.
- Management Contract — *Requested.* Useful to see any onerous terms.
- Developer Transition Docs — If in declarant control: *Requested.* E.g. timeline to turnover, any warranties.
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Get my free risk report →Where Washington due diligence deserves the most attention
Legal Complexity (7/10) — High. Multiple statutes (WUCIOA plus repealed acts), plus ongoing statutory changes (SB5796, SB5129) make for complexity. Associations must navigate old vs new law.
Reserve Risk (5/10) — Moderate. Studies are mandated, but funding is voluntary. Many associations likely underfunded.
Insurance Risk (4/10) — Moderate. No massive crisis, but earthquake and flood risks push premiums. Deductibles high, but market functional. Washington’s insurance department is proactive, and Fair Plan backs some risk.
Legal Framework
Washington Uniform Common Interest Ownership Act (WUCIOA) – *RCW 64.90 (2018, updated 2024)*. Covers all common-interest communities (condos, HOAs, co-ops, plat communities, etc.) created on or after July 1, 2018. WUCIOA incorporates much of the Uniform Common Interest Ownership Act (UCIOA). It is gradually being extended to older associations via SB5796 (2024) and SB5129 (2025), effectively creating one uniform law by 2028.
Reserve Studies and Reserve Funding
Washington’s law encourages and in practice requires reserve studies, but does not mandate funding levels.
Structural Inspections and Building Safety
Washington has no statewide condo-specific structural or facade inspection mandates. General building safety is governed by local building codes. However, major Washington cities have safety rules:
Insurance Requirements and Insurance-Market Risk
State law (for condos) requires master insurance: RCW 64.34.352 mandates that every condominium association must carry property insurance (covering at least 80% of replacement value) and liability insurance. Similar requirements will extend to HOAs under WUCIOA after 2018 (WUCIOA §4-10, not yet cited). Washington HOAs (RCW 64.38) have no explicit state minimum insurance mandate, but most declarations require it. In practice:
Resale Disclosures and Buyer Cancellation Rights
Washington law requires a resale certificate (condo) to be furnished by the seller’s association before sale:
Assessment Authority, Special Assessments, and Borrowing
Regular Assessments: Boards generally can set annual budgets and levy regular assessments by majority vote of directors (unless governing docs require owner vote). No state cap on increases; owners are bound by the vote unless docs say otherwise.; Special Assessments: Generally authorized by most declarations. Typically the board levies specials for unbudgeted large expenses (roof replacement, etc.). Washington law does not impose additional owner-approval requirements beyond what the governing documents stipulate.
Washington legal references
- RCW 64.90 (WUCIOA)
- RCW 64.38 (HOA Act)
- RCW 64.34.380 (Condo Reserve Study)
- RCW 64.38.065 (HOA Reserve Study)
- RCW 64.34.352 (Condo Insurance)
- RCW 64.38.100 (HOA Liens)
- RCW 64.34.364 (Condo Liens)
- RCW 64.34.425 (Resale Certificate)
- RCW 64.90.550 (WUCIOA Reserve Study)
- Insurance Commissioner, Earthquake Info (WA OIC)**
- “Insurers need to explain premium increases” – WA OIC rule (no content)
- **Ongoing Legislation:** SB5796 (2024)
- **Local Codes:** Seattle Municipal Code (Local Law 30)**
Informational only. Not legal advice. Always confirm against the current statute and counsel.
Need help applying these Washington statutes to your specific purchase? We can connect you with state-licensed counsel and specialists familiar with this exact regulatory environment.
Find a Washington specialist →How CondoSignal reviews this
We read the reserve study, operating budget, and 24 months of meeting minutes together — washington condo documents risk usually lives in the contradiction between documents, not in any single one of them. Every finding cites the source document, the page number, and the quoted text behind it.
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FAQ
Frequently asked questions
Risk Intelligence
Review the documents before your contingency ends
Most buyers get 7–14 days to review condo documents. Upload the packet — we read the reserve study, budget, minutes, and insurance summary and flag the risks, every finding linked to the exact page. Free.
Expert Matching
Need a real estate lawyer or mortgage specialist?
We can connect you with vetted real estate lawyers, mortgage brokers, and insurance brokers familiar with the specifics of condo and HOA transactions.
- HOA lawyer
- Realtor
- Mortgage broker