Washington statute
Washington Homeowners' Associations Act
Wash. Rev. Code ch. 64.38 · enacted 1995
RCW 64.38 governs Washington state homeowners' associations of detached and attached homes formed on or after January 1, 1996. It supplements each association's recorded covenants with state-mandated procedures for elections, financial disclosures, and member rights. Washington also has separate condominium statutes (RCW 64.34 and the Washington Uniform Common Interest Ownership Act for newer communities, RCW 64.90).
Who and what RCW 64.38 covers
Applies to homeowners' associations of detached and attached homes in Washington formed on or after January 1, 1996. Condominiums and certain newer common-interest communities follow other statutes.
Homeowners' associations of detached and attached homes in Washington formed on or after January 1, 1996.
Washington condominiums and newer common-interest communities follow RCW 64.34 and RCW 64.90 respectively.
Pre-1996 associations and voluntary neighborhood organizations may be partially or fully outside the act.
Key provisions
The themes most boards and owners actually need to find. Each entry is orientation-level — the bylaw concierge surfaces the exact section that applies to your community when you upload your CC&Rs.
Open meetings & notice
Board meetings must be open to members. Executive sessions are limited to defined topics — pending litigation, personnel, member discipline. Annual meetings require statutory notice via the Bylaws and RCW 64.38.
Director elections & member voting
Director elections must follow Bylaw procedures consistent with the act. Members may participate in person or by proxy where the Bylaws allow; secret-ballot procedures apply for certain material decisions.
Annual budget & financial disclosure
Boards must adopt and distribute an annual budget. Members may ratify or reject by statutory threshold; financial statements and reserve studies must be made available within defined windows.
Fines, due process & hearings
Before levying a fine, the board must give written notice and an opportunity for a hearing. Fines must follow a previously adopted schedule. Fines without notice are typically unenforceable.
Liens & collection
Unpaid assessments are secured by a statutory lien against the lot. Foreclosure follows judicial procedures unless the Declaration provides for non-judicial sale and the statutory requirements are met.
Records access
Members have rights to inspect financial records, minutes, contracts, and ballots within statutory windows. Reasonable cost-recovery fees may apply.
Common questions about RCW 64.38
Does RCW 64.38 apply to condos?
No. Washington condominiums are governed by RCW 64.34 (the Condominium Act) and, for newer common-interest communities, RCW 64.90 (the Washington Uniform Common Interest Ownership Act).
Are Washington HOA board meetings open?
Yes, with notice. Executive sessions are limited to defined topics. Members have rights to attend and (during designated portions) be heard. Persistent denial can support a member-action lawsuit.
Can a Washington HOA foreclose for unpaid dues?
Yes, primarily through judicial foreclosure of the assessment lien. Some Declarations provide for non-judicial foreclosure when statutory requirements are met. The procedure requires strict notice compliance.
How are Washington HOA budgets ratified?
The board adopts a budget and distributes it to members. Members may reject the budget by a statutory threshold within a defined window; otherwise, the budget is deemed ratified.
What records can Washington HOA members inspect?
Financial records, minutes, contracts, ballots, and policy documents within statutory windows after a written request. The association may charge reasonable cost-recovery fees and may redact certain categories.
Free tools for Washington HOA boards
Each tool is free to run, no credit card required. Most generate a shareable PDF or branded landing page in under five minutes.
CC&R Health Check
Spot ADA gaps, unenforceable breed bans, and vague fine authority in your governing documents.
Open toolManager Comparison
Side-by-side cost comparison vs. your current management company.
Open toolInstant Board Packet
Agenda, action items, and snapshot — generated for any meeting.
Open tool
Where RCW 64.38 comes up
Scenario playbooks tied to the issues this statute most often governs.
The HOA fined me for something I didn't do
How to dispute an HOA fine when the alleged violation isn't yours — appeal, hearing rights, and what your CC&Rs actually require.
Read the playbookAn owner stopped paying assessments
Collections sequence: late notices, payment plans, lien filing, and the procedural steps that make the difference between recovery and write-off.
Read the playbookThe annual meeting didn't reach quorum
What to do when the annual meeting fails for lack of quorum: legal effect, adjournment rules, and how to actually get to quorum next time.
Read the playbook
Related topic guides
On the board?
Definitions
Stop reading the statute, start citing your CC&Rs
Find the section that applies to your HOA.
RCW 64.38 sets the floor — your Declaration and Bylaws fill in the rest. Upload them once and the bylaw concierge cites the exact provision (your section, your page) for any question. Free under 250 homes.
General orientation only. Review with counsel before relying on this for an enforcement, foreclosure, or amendment decision.
Other state HOA statutes
Run an HOA in Washington? Free for boards under 250 homes.
Ask unlimited bylaw questions, manage violations, and share cited answers with residents — no credit card required.