Washington guide
Washington HOA document review
Washington HOA document review operates under RCW 64.38 (the 1995 Homeowners' Association Act) for pre-2018 planned communities, or under WUCIOA (RCW 64.90) for post-2018 communities. SB5796 (2024) is phasing WUCIOA into older HOAs by 2028.
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Until then, RCW 64.38 HOAs have no statutory resale-certificate requirement. The contract is the buyer's primary mechanism for forcing documentation delivery.
Statute determination
Verify in the declaration. WUCIOA (post-2018) provides a prescriptive governance and disclosure regime. RCW 64.38 (pre-2018) is lighter — requires reserve studies for significant assets (RCW 64.38.065), authorizes assessment liens (subordinate to first mortgages), and sets baseline meeting and notice requirements.
Reserve study requirement under RCW 64.38.065
Pre-2018 HOAs with significant assets must maintain reserve studies — same general framework as condos under RCW 64.34. Verify compliance: initial study, annual update, on-site update every 3 years. Many HOAs operate with up-to-date studies but underfunded reserves.
What to request
Declaration and amendments, bylaws, articles of incorporation, current rules, current operating budget, recent financials, reserve study and balance, master policy declarations page, statement of dues and unit balance, 18+ months of board minutes, an explicit litigation summary, and (for post-2018 communities) the WUCIOA resale certificate. The contract is the mechanism that forces delivery.
2026 governance reforms
Starting January 1, 2026, SB5129 requires open meetings and ballot voting for major decisions across associations. SB214/2023 adds pre-foreclosure notice requirements. Boards preparing ahead of the deadline are a positive governance signal.
Washington legal references
- RCW 64.38 — Washington HOA Act
- RCW 64.38.065 — HOA reserve studies
- SB 5796 (2024) — Phasing WUCIOA into pre-2018 communities
Informational only. Not legal advice. Always confirm against current statute and counsel.
Need help applying these Washington statutes to your specific situation? We can connect you with state-licensed counsel and specialists familiar with this exact regulatory environment.
Find a Washington specialist →Reviewer's checklist
- Verify which statute governs (WUCIOA or RCW 64.38)
- Request declaration, amendments, bylaws, articles, and current rules
- Request reserve study and update history (RCW 64.38.065 or WUCIOA)
- Request master policy if one exists
- Request current dues statement and unit-level balance
- Request 18+ months of board and member meeting minutes
- For post-2018: request WUCIOA resale certificate
- Build documentation contingency into the contract for pre-2018 HOAs
- Confirm any SB5129 / SB214 preparation in board discussion
- Request an explicit litigation summary
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Upload condo or HOA documents for a free risk review. We read reserve studies, budgets, meeting minutes, insurance summaries, and assessment exposure — every finding linked to the exact page.
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Related risk areas
Read these next to round out your due diligence
Condo document review
A condo document review is the structured analysis of every disclosure document your seller or association has provided — declaration, bylaws, rules, reserve study, budgets, financials, meeting minutes, insurance summary, estoppel or resale certificate, and any pending special assessment notices.
Governance risk
An association's governance health is a leading indicator of every other risk.
Special assessments
Special assessments are the single largest source of financial surprise in condo and HOA ownership.
FAQ
Frequently asked questions
Risk Intelligence
Get Your Free Condo Risk Report
Upload condo or HOA documents for a free risk review. We read reserve studies, budgets, meeting minutes, insurance summaries, and assessment exposure — every finding linked to the exact page.
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
- Mortgage broker
- Insurance broker