Multas de HOA en Washington: qué dice la ley

Lo que dice la ley

Ley aplicable

THREE overlapping acts, and which one applies turns on the date the community was created. (1) Washington Uniform Common Interest Ownership Act (WUCIOA), RCW ch.

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64.90 -- governs all common interest communities (condominium, plat community, cooperative, miscellaneous community) created on or after July 1, 2018, plus older communities that elect in. Fine power: RCW 64.90.405(2)(l). CRITICAL LIMIT: RCW 64.90.365(1) (formerly RCW 64.90.080) lists the only WUCIOA sections that reach a community created BEFORE July 1, 2018 -- RCW 64.90.370, 64.90.405(1)(b) and (c), 64.90.445, 64.90.480(10), 64.90.502 (Emergency), 64.90.513 (Electric vehicle charging stations), 64.90.525, 64.90.545 (Reserve study), 64.90.580, and 64.90.010. The fine/notice/hearing power in 64.90.405(2)(l), the records section 64.90.495, and the rules-notice section 64.90.505 are NOT on that list. (2) Homeowners' Associations act, RCW ch. 64.38 -- non-condominium HOAs created before July 1, 2018. Fine power: RCW 64.38.020(11). This entire chapter EXPIRES January 1, 2028. (3) Washington Condominium Act, RCW ch. 64.34 -- condominiums created before July 1, 2018. Fine power: RCW 64.34.304(1)(k). Effective until January 1, 2028.

Aviso que deben darte

Washington sets NO statutory number of days of advance notice and NO required delivery method. What the statutes require instead is two things, and the second is the sharpest procedural defense available to a Washington owner: (a) notice and an opportunity to be heard, and (b) that the fine conform to a fine schedule that was adopted by the board BEFOREHAND and FURNISHED TO THE OWNERS.

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WUCIOA, RCW 64.90.405(2)(l): the association may "Enforce the governing documents and, after notice and opportunity to be heard, impose and collect reasonable fines for violations of the governing documents in accordance with a previously established schedule of fines adopted by the board of directors and furnished to the owners pursuant to the requirements for notice in RCW 64.90.505". Pre-July-2018 non-condo HOAs, RCW 64.38.020(11): the association may impose and collect charges for late payments of assessments and, "after notice and an opportunity to be heard by the board of directors or by the representative designated by the board", levy reasonable fines per an established schedule furnished to owners for bylaw violations. Pre-July-2018 condominiums, RCW 64.34.304(1)(k): "Impose and collect charges for late payment of assessments pursuant to RCW 64.34.364(13) and, after notice and an opportunity to be heard by the board of directors or by such representative designated by the board of directors and in accordance with such procedures as provided in the declaration or bylaws or rules and regulations adopted by the board of directors, levy reasonable fines in accordance with a previously established schedule thereof adopted by the board of directors and furnished to the owners for violations of the declaration, bylaws, and rules and regulations of the association". So: a fine for conduct not on a pre-existing, previously distributed fine schedule, or a fine amount exceeding that schedule, is outside the statutory grant of power.

Tu derecho a una audiencia

Yes, there is a statutory right to "an opportunity to be heard" in all three acts, but Washington's version is the thinnest of the three states because the statute delegates the PROCEDURE to the association's own governing documents.

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Under RCW 64.38.020(11) the owner is heard "by the board of directors or by the representative designated by the board of directors and in accordance with the procedures as provided in the bylaws or rules and regulations adopted by the board of directors." Under RCW 64.34.304(1)(k) it is "in accordance with such procedures as provided in the declaration or bylaws or rules and regulations adopted by the board of directors." Under WUCIOA RCW 64.90.405(2)(l) the statute says only "after notice and opportunity to be heard" and supplies no procedural detail at all. The owner does not apply or petition for the hearing -- the opportunity must precede the fine, because the power to fine is granted only "after notice and opportunity to be heard." What Washington statutes do NOT provide: no requirement that the hearing be before a panel excluding board members (contrast N.C.G.S. 47F-3-107.1), no stated right to be represented by counsel (contrast Va. Code 55.1-1819(C)), no minimum advance-notice period (contrast Virginia's 14 days), and no statutory internal appeal from the decision.

Límite de la multa

NO statutory dollar cap in any of the three Washington acts. This is the biggest difference from North Carolina ($100) and Virginia ($50 / $10 per day / 90 days).

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The only statutory limits on amount are qualitative: the fines must be "reasonable" (RCW 64.90.405(2)(l), RCW 64.38.020(11), RCW 64.34.304(1)(k)) and must conform to the previously established, previously furnished schedule of fines. RCW 64.90.505(5) separately provides that "Every rule must be reasonable." There is also no statutory cap on the number of days a continuing violation may be fined. A Washington owner therefore attacks amount through reasonableness and through the fine schedule, not through a statutory ceiling.

Derecho a revisar registros

Two regimes, and only the WUCIOA one has hard deadlines. (1) WUCIOA, RCW 64.90.495 (Association records): records must be made available "upon 10 days' notice unless the size of the request or need to redact information reasonably requires a longer time, but in no event later than 21 days without a court order allowing…

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a longer time." (2) Pre-July-2018 non-condo HOAs, RCW 64.38.045: no fixed number of days -- records "must be made available for examination and copying by all owners, holders of mortgages on the lots, and their respective authorized agents" "[d]uring reasonable business hours or at a mutually convenient time and location" and "[a]t the offices of the association or its managing agent." MOST USEFUL POINT FOR FINE DISPUTES: both regimes require the association to retain, for seven years, the materials it relied on when it decided to enforce -- RCW 64.38.045(4)(j) requires retention of "Materials relied upon by the board or any committee concerning a decision to enforce the governing documents for a period of seven years after the decision is made," and (4)(m) requires "Copies of all notices provided to owners or the association in accordance with this chapter or the governing documents." RCW 64.90.495 contains the equivalent seven-year enforcement-decision retention requirement. Both regimes require redaction of specified categories (personnel and medical records, commercial negotiations in progress, existing or potential litigation/mediation/arbitration/administrative proceedings, attorney-client privileged material and attorney work product, executive session records, individual lot files other than the requesting owner's, unlisted telephone numbers or electronic addresses, security access information). Under RCW 64.38.045(8)(a) the association may charge a reasonable fee for producing copies and supervising inspection; under (10) it "is not obligated to compile or synthesize information"; under (11) information "may not be used for commercial purposes"; under (13) the section applies to records in the association's possession on July 23, 2023 and to records created or maintained after that date, with no liability for records disposed of before then. RCW 64.38.045 expires January 1, 2028.

Proceso de disputa obligatorio

No mandatory statutory pre-suit mediation, arbitration, or administrative filing. ADR is purely consensual: RCW 64.90.685(2) provides that "Parties to a dispute arising under this chapter or the governing documents may agree at any time to resolve the dispute by any form of binding or nonbinding alternative dispute…

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resolution." Direct court access is expressly granted: RCW 64.90.685(1) provides that "A declarant, association, unit owner, or any other person subject to this chapter may bring an action to enforce a right granted or obligation imposed under this chapter or the governing documents." For pre-July-2018 non-condo HOAs, RCW 64.38.050 provides that "Any violation of the provisions of this chapter entitles an aggrieved party to any remedy provided by law or in equity." The only real prerequisite specific to fines is the association-side one: notice and opportunity to be heard before the fine is imposed.

Honorarios de abogado

Discretionary and two-way in owner-versus-association disputes; one-way and mandatory-ish for the association in collections.

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WUCIOA RCW 64.90.685(1) (titled "Action to enforce right granted, obligation imposed -- Court may award reasonable attorneys' fees and costs -- Alternative dispute resolution allowed"): "The court may award reasonable attorneys' fees and costs." Pre-July-2018 non-condo HOAs, RCW 64.38.050: "The court, in an appropriate case, may award reasonable attorneys' fees to the prevailing party." Note "may," not "shall" -- weaker than Virginia's mandatory prevailing-party award. In collections, the association has a broad one-way entitlement under RCW 64.90.485(19): "The association is entitled to recover any costs and reasonable attorneys' fees incurred in connection with the collection of delinquent assessments, whether or not such collection activities result in a suit being commenced or prosecuted to judgment." In a lien foreclosure, the fees that share the lien's priority under RCW 64.90.485(3)(a)(ii) are capped at "$2,000 or an amount equal to the amounts described in (a)(i) of this subsection, whichever is less." One genuinely mandatory owner-side fee provision exists but only for a narrow subject: RCW 64.90.513(10)(b) (electric vehicle charging stations) -- "the court shall award reasonable attorneys' fees and costs to any prevailing unit owner" -- and 64.90.513(10)(a) adds that an association that willfully violates that section "is liable to the unit owner for actual damages, and shall pay a civil penalty to the unit owner in an amount not to exceed $1,000."

Plazo para demandar

6 años

Quién atiende quejas

无州级主管机构, 争议走法院 -- No state-level HOA regulator. Chapter 64.90 RCW contains no section creating or referencing a state agency, department, commission, ombudsman, or administrative complaint process for homeowners associations; the chapter regulates the associations' own governance and disclosure duties rather than creating external oversight.

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Enforcement is by private civil action under RCW 64.90.685 (or RCW 64.38.050 for pre-July-2018 non-condo HOAs), plus the association-level notice-and-hearing step. Washington is the opposite of Virginia here -- there is no equivalent of Virginia's Common Interest Community Board or Ombudsman.

Léelo tú mismo

Fuentes oficiales. Si algún dato de abajo importa en tu caso, abre la ley y léela — las leyes se reforman y muchas ciudades agregan reglas locales más estrictas.

• Enforce the governing documents and, after notice and opportunity to be heard, impose and collect reasonable fines for violations of the governing documents in accordance with a previously established schedule of fines adopted by the board of directors and furnished to the owners pursuant to the requirements for notice in RCW 64.90.505 ... [(2)(k)] Collect assessments and impose and collect reasonable charges for late payment of assessments. — RCW 64.90.405(2)(l) -- Powers and duties (WUCIOA), official Washington State Legislature. History: 2025 c 119 s 12; 2024 c 321 s 311; 2019 c 238 s 209; 2018 c 277 s 302.
• (1) Except for a plat community or miscellaneous community described in RCW 64.90.360(4) and a nonresidential or mixed-use common interest community described in RCW 64.90.100, the following sections apply to a common interest community created before July 1, 2018, and any inconsistent provisions of chapter 58.19, 64.32, 64.34, or 64.38 RCW do not apply: (a) RCW 64.90.370; (b) RCW 64.90.405(1)(b) and (c); (c) RCW 64.90.445; (d) RCW 64.90.480(10); (e) RCW 64.90.502; (f) RCW 64.90.513; (g) RCW 64.90.525; (h) RCW 64.90.545; (i) RCW 64.90.580; (j) RCW 64.90.010, to the extent necessary to construe this subsection. (2) Except to the extent provided in this subsection, the sections listed in subsection (1) apply only to events and circumstances occurring on or after July 1, 2018, and do not invalidate existing provisions of the governing documents of those common interest communities existing on July 1, 2018. — RCW 64.90.365 -- Common interest communities, preexisting (formerly RCW 64.90.080; recodified pursuant to 2024 c 321 s 510). Official Washington State Legislature. History: 2025 c 119 s 11; 2024 c 321 s 508; 2019 c 238 s 204; 2018 c 277 s 117.
• Impose and collect charges for late payments of assessments and, after notice and an opportunity to be heard by the board of directors or by the representative designated by the board [of directors and in accordance with the procedures as provided in the bylaws or rules and regulations adopted by the board of directors], levy reasonable fines [in accordance with a previously established schedule adopted by the board of directors and] furnished to the owners for [violation of the bylaws, rules, and regulations of the association] — RCW 64.38.020(11) -- Association powers (Homeowners' Associations, non-condo HOAs created before July 1, 2018). Official Washington State Legislature. History: 1995 c 283 s 4. Page states the section is effective until January 1, 2028.
• Impose and collect charges for late payment of assessments pursuant to RCW 64.34.364(13) and, after notice and an opportunity to be heard by the board of directors or by such representative designated by the board of directors and in accordance with such procedures as provided in the declaration or bylaws or rules and regulations adopted by the board of directors, levy reasonable fines in accordance with a previously established schedule thereof adopted by the board of directors and furnished to the owners for violations of the declaration, bylaws, and rules and regulations of the association — RCW 64.34.304(1)(k) -- Powers of unit owners' association (Washington Condominium Act, condominiums created before July 1, 2018). Official Washington State Legislature. History: 2008 c 115 s 9; 1993 c 429 s 11; 1990 c 166 s 3; 1989 c 43 s 3-102. Page states the section is effective until January 1, 2028.
• (1) Unless the declaration provides otherwise, the board must, before adopting, amending, or repealing any rule, give all unit owners notice of: (a) Its intention to adopt, amend, or repeal a rule and provide the text of the rule or the proposed change; and (b) A date on which the board will act on the proposed rule or amendment after considering comments from unit owners. (2) Following adoption, amendment, or repeal of a rule, the association must give notice to the unit owners of its action and provide a copy of any new or revised rule. (3) If the declaration so provides, an association may adopt rules to establish and enforce construction and design criteria and aesthetic standards and, if so, must adopt procedures for enforcement of those standards and for approval of construction applications, including a reasonable time within which the association must act after an application is submitted and the consequences of its failure to act. (4) An association's internal business operating procedures need not be adopted as rules. (5) Every rule must be reasonable. — RCW 64.90.505 -- Rules; Notice (WUCIOA). Official Washington State Legislature. History: 2018 c 277 s 322.
• upon 10 days' notice unless the size of the request or need to redact information reasonably requires a longer time, but in no event later than 21 days without a court order allowing a longer time. [Retention list includes materials relied upon by the board or a committee concerning a decision to enforce the governing documents, retained seven years; records of receipts and expenditures, financial statements, tax returns, contracts, and design-approval materials, seven years; voting records, one year. Redaction required for personnel and medical records, confidential business negotiations, litigation/mediation information, attorney-client privileged advice, security access information, executive session records, individual unit files other than the requestor's own, unlisted telephone numbers, confidential electronic addresses, and information compromising ballot secrecy.] — RCW 64.90.495 -- Association records (WUCIOA). Official Washington State Legislature. History: 2025 c 393 s 18; 2024 c 321 s 320; 2023 c 409 s 4; 2018 c 277 s 320.
• (5)(a) ... all records required to be retained by an association must be made available for examination and copying by all owners, holders of mortgages on the lots, and their respective authorized agents as follows, unless agreed otherwise: (i) During reasonable business hours or at a mutually convenient time and location; and (ii) At the offices of the association or its managing agent. ... (4)(j) Materials relied upon by the board or any committee concerning a decision to enforce the governing documents for a period of seven years after the decision is made; ... (4)(m) Copies of all notices provided to owners or the association in accordance with this chapter or the governing documents; ... (8)(a) ... an association may charge a reasonable fee for producing and providing copies of any records under this section and for supervising the owner's inspection. ... (10) An association is not obligated to compile or synthesize information. (11) Information provided pursuant to this section may not be used for commercial purposes. ... (13) This section applies to records in the possession of the association on July 23, 2023, and to records created or maintained after July 23, 2023. An association has no liability under this section for records disposed of prior to July 23, 2023. — RCW 64.38.045 -- Association financial and other records (pre-July-2018 non-condo HOAs). Official Washington State Legislature. History: 2025 c 393 s 17; 2023 c 409 s 3; 1995 c 283 s 9. Page states the section expires January 1, 2028 (see note following RCW 61.24.005).
• (1) A declarant, association, unit owner, or any other person subject to this chapter may bring an action to enforce a right granted or obligation imposed under this chapter or the governing documents. The court may award reasonable attorneys' fees and costs. (2) Parties to a dispute arising under this chapter or the governing documents may agree at any time to resolve the dispute by any form of binding or nonbinding alternative dispute resolution. — RCW 64.90.685 -- Action to enforce right granted, obligation imposed; Court may award reasonable attorneys' fees and costs; Alternative dispute resolution allowed (WUCIOA). Official Washington State Legislature. History: 2018 c 277 s 418.
• Any violation of the provisions of this chapter entitles an aggrieved party to any remedy provided by law or in equity. The court, in an appropriate case, may award reasonable attorneys' fees to the prevailing party. — RCW 64.38.050 -- Violation; Remedy; Attorneys' fees (pre-July-2018 non-condo HOAs). Official Washington State Legislature. History: 1995 c 283 s 10. Page states effective until January 1, 2028.
• [Subsection (9)] A lien for unpaid assessments and the personal liability for payment of those assessments are extinguished unless proceedings to enforce the lien or collect the debt are instituted within six years after the full amount of the assessments sought to be recovered becomes due. [Subsection (19)] The association is entitled to recover any costs and reasonable attorneys' fees incurred in connection with the collection of delinquent assessments, whether or not such collection activities result in a suit being commenced or prosecuted to judgment. [Subsection (3)(a)(ii) priority fees capped at] $2,000 or an amount equal to the amounts described in (a)(i) of this subsection, whichever is less. — RCW 64.90.485 -- Liens; Enforcement; Notice of delinquency; Second notice (WUCIOA). Official Washington State Legislature. History: 2025 c 393 s 14; 2025 c 119 s 20; 2024 c 321 s 319; 2023 c 214 s 8; 2021 c 222 s 2; 2019 c 238 s 211; 2018 c 277 s 318.
• (10)(a) A unit owners association that willfully violates this section is liable to the unit owner for actual damages, and shall pay a civil penalty to the unit owner in an amount not to exceed $1,000. (b) In any action by a unit owner requesting to have an electric vehicle charging station installed and seeking to enforce compliance with this section, the court shall award reasonable attorneys' fees and costs to any prevailing unit owner. ... (3)(c) If an application is not denied in writing within 60 days from the date of receipt of the application, the application is deemed approved, unless that delay is the result of a reasonable request for additional information. — RCW 64.90.513 -- Electric vehicle charging stations (WUCIOA; one of the few sections that DOES apply to pre-July-2018 communities under RCW 64.90.365(1)). Official Washington State Legislature. History: 2026 c 96 s 2; 2025 c 119 s 21; 2022 c 27 s 4.
• Section list includes 64.90.405 Powers and duties; 64.90.410 Board members, officers, and committees; 64.90.495 Association records; 64.90.505 Rules -- Notice; 64.90.510 Regulatory authority -- Limitations -- Governing documents -- Association may adopt certain rules; 64.90.685 Action to enforce right granted, obligation imposed -- Court may award reasonable attorneys' fees and costs -- Alternative dispute resolution allowed. No section creates or references a state agency, department, commission, ombudsman, or administrative complaint process for homeowners associations. — Chapter 64.90 RCW -- full chapter section list (official Washington State Legislature), used to confirm no section creates or references a state agency, department, commission, ombudsman, or administrative complaint process, and to identify the fine, records, rules-notice, and enforcement sections
• Limits association rulemaking authority over residential units to three purposes: implementing declaration provisions, regulating behavior that violates the declaration or affects others' enjoyment, and restricting leasing to meet lender requirements. Protects display of U.S. and Washington state flags, signs regarding candidates or ballot issues, solar panel installation, trash receptacle storage in private areas, and peaceful assembly by unit owners on common elements, subject to reasonable time/place/manner or aesthetic rules. Contains no fine, notice, or hearing procedure. — RCW 64.90.510 -- Regulatory authority; Limitations; Governing documents; Association may adopt certain rules (WUCIOA). Official Washington State Legislature. History: 2024 c 321 s 322; 2018 c 277 s 323. Read to confirm it does NOT contain the fine/notice/hearing provisions.

Última verificación: 2026-08-17