Washington Uniform Common Interest Ownership Act

Chapter 64.90 RCW

This chapter known as the Uniform Common Interest Ownership Act (the “Act”), applies to all common-interest communities (condominiums, cooperatives, and planned communities) created within the state of Washington after the effective date of July 1, 2018, and communities that have amended their governing documents to provide that this chapter will apply in accordance with RCW 64.90.095. For more on applicability of provisions of this chapter, please read sections 64.90.075 through 64.90.85 below.

The Act is broken down into the following four parts:

  • Part I - Definitions, Applicability, and other General Provisions

  • Part II - Creation, Alteration, and Termination of Common Interest Communities

  • Part III - Management of The Common Interest Community

  • Part IV - Protection of Purchasers

We encourage all homeowners to become familiar with the laws and community documents that govern the management and operation of homeowners’ associations to ensure compliance and avoid HOA Problems. Please follow the red links to read the language of the law.

I. Definitions, Applicability, and other General Provisions

Section Name Section Number
Definitions 64.90.010
No variation by agreement 64.90.015
Separate titles and taxation 64.90.020
Applicability of local ordinances, regulations, and building codes 64.90.025
Eminent domain 64.90.030
Supplemental general principles of law applicable 64.90.035
Construction against implicit repeal 64.90.040
Application—Construction 64.90.045
Unconscionable agreement or term of contract 64.90.050
Obligation of good faith 64.90.055
Remedies 64.90.060
Adjustment of dollar amounts 64.90.065
Electronic signatures in global and national commerce act 64.90.070
Common interest communities, new 64.90.075
Common interest communities, preexisting 64.90.080
Common interest communities, amendments to 64.90.085
Prior condominium statutes 64.90.090
Election of preexisting common interest communities 64.90.095
Common interest communities, nonresidential and mixed-use 64.90.100
Common interest communities, out-of-state 64.90.105
Exempt real estate arrangements 64.90.110
Other exempt covenants 64.90.115

II. Creation, Alteration, and Termination of Common Interest Communities

Section Name Section Number
Common interest communities, creation of 64.90.200
Reservation of name 64.90.205
Unit boundaries 64.90.210
Construction and validity of governing documents 64.90.215
Description of units 64.90.220
Declaration—Contents 64.90.225
Leasehold common interest communities 64.90.230
Allocated interests 64.90.235
Limited common elements 64.90.240
Maps—Exception—Amendments—Requirements—Recording 64.90.245
Development rights 64.90.250
Common elements and units—Alterations 64.90.255
Unit boundaries—Relocation 64.90.260
Subdivision and combination of units 64.90.265
Monuments as boundaries 64.90.270
Sales purposes 64.90.275
Easement and use 64.90.280
Amendment of declaration 64.90.285
Termination 64.90.290
Rights of secured lenders 64.90.295
Master association 64.90.300
Delegation of power to subassociations 64.90.305
Merger or consolidation 64.90.310
Addition of unspecified real estate 64.90.315
Large scale communities 64.90.320
Judicial termination 64.90.325

III. Management of The Common Interest Community

Section Name Section Number
Unit owners association—Organization 64.90.400
Powers and duties 64.90.405
Board members, officers, and committees 64.90.410
Period of declarant control—Transition 64.90.415
Transfer of association property 64.90.420
Transfer of special declarant rights 64.90.425
Contracts and leases—Termination 64.90.430
Organizational documents 64.90.435
Maintenance, repair, replacement—Liability of unit owner—Inspection 64.90.440
Meetings 64.90.445
Quorum 64.90.450
Unit owner voting 64.90.455
Liability—Tolling 64.90.460
Conveyance or encumbrance of common elements 64.90.465
Insurance 64.90.470
Accounts and records—Reconciliation 64.90.475
Assessments and capital contributions 64.90.480
Liens—Enforcement 64.90.485
Other liens 64.90.490
Association records 64.90.495
Association as trustee 64.90.500
Rules—Notice 64.90.505
Regulatory authority—Limitations—Governing documents—Association may adopt certain rules 64.90.510
Notice 64.90.515
Officers and board members—Removal 64.90.520
Budgets—Assessments—Special assessments 64.90.525
Financial statements—Association funds 64.90.530
Reserve accounts 64.90.535
Reserve account—Withdrawals 64.90.540
Reserve study 64.90.545
Reserve study—Contents 64.90.550
Reserve study—Demand—Enforcement 64.90.555
Reserve account—Reserve study—Reserve disclosure—Liability 64.90.560

IV. Protection of Purchasers

Section Name Section Number
Applicability—Waiver 64.90.600
Public offering statement—Liability 64.90.605
Public offering statement—General provisions—Notice 64.90.610
Public offering statement—Common interest communities subject to development rights 64.90.615
Public offering statement—Conversion buildings 64.90.620
Public offering statement—Disclosure document 64.90.625
Public offering statement—Contract of sale—Conveyance restriction 64.90.630
Purchaser's right to cancel 64.90.635
Unit resales—Resale certificate 64.90.640
Earnest money deposit, reservation deposit—Escrow 64.90.645
Liens—Release 64.90.650
Conversion buildings—Tenant rights—City and county requirements—Violations 64.90.655
Conversion buildings—Common interest community units—Report 64.90.660
Express warranties 64.90.665
Implied warranties of quality 64.90.670
Implied warranties of quality—Exclusion or modification 64.90.675
Warranties of quality—Breach—Actions for construction defect claims 64.90.680
Action to enforce right granted, obligation imposed—Court may award reasonable attorneys' fees and costs—Alternative dispute resolution allowed 64.90.685
Promotional material—Labeling requirement 64.90.690
Improvements—Duties of declarant 64.90.695
Short title 64.90.900
Effective date 64.90.910