Title 64 — Title 64 REAL PROPERTY AND CONVEYANCES
22 chapters · 521 sections in this title.
RCW 64.38.005 Intent.
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The intent of this chapter is to provide consistent laws regarding the formation and legal administration of homeowners' associations.[ 1995 c 283 s 1.]
RCW 64.38.010 Definitions.
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For purposes of this chapter:(1) "Assessment" means all sums chargeable to an owner by an association in accordance with RCW 64.38.020.(2) "Baseline funding plan" means establishing a reserve funding goal of maintaining a reserve account balance above $0 throughout the 30-year st…
RCW 64.38.015 Association membership.
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The membership of an association at all times shall consist exclusively of the owners of all real property over which the association has jurisdiction, both developed and undeveloped.[ 1995 c 283 s 3.]
RCW 64.38.020 Association powers.
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Unless otherwise provided in the governing documents, an association may:(1) Adopt and amend bylaws, rules, and regulations;(2) Adopt and amend budgets for revenues, expenditures, and reserves, and impose and collect assessments for common expenses from owners;(3) Hire and discha…
RCW 64.38.025 Board of directors—Standard of care—Restrictions—Budget—Removal from board.
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(1) Except as provided in the association's governing documents or this chapter, the board of directors shall act in all instances on behalf of the association. In the performance of their duties, the officers and members of the board of directors shall exercise the degree of car…
RCW 64.38.028 Removal of discriminatory provisions in governing documents—Procedure.
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(1) The association, acting through a simple majority vote of its board, may amend the association's governing documents for the purpose of removing:(a) Every covenant, condition, or restriction that is void by reason of RCW 49.60.224; and(b) Every covenant, condition, restrictio…
RCW 64.38.030 Association bylaws.
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Unless provided for in the governing documents, the bylaws of the association shall provide for:(1) The number, qualifications, powers and duties, terms of office, and manner of electing and removing the board of directors and officers and filling vacancies;(2) Election by the bo…
RCW 64.38.033 Flag of the United States—Outdoor display—Governing documents.
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(1) The governing documents may not prohibit the outdoor display of the flag of the United States by an owner or resident on the owner's or resident's property if the flag is displayed in a manner consistent with federal flag display law, 4 U.S.C. Sec. 1 et seq. The governing doc…
RCW 64.38.034 Political yard signs—Governing documents.
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(1) The governing documents may not prohibit the outdoor display of political yard signs by an owner or resident on the owner's or resident's property before any primary or general election. The governing documents may include reasonable rules and regulations regarding the placem…
RCW 64.38.035 Association meetings—Notice—Board of directors.
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(1) A meeting of the association must be held at least once each year. Special meetings of the association may be called by the president, a majority of the board of directors, or by owners having ten percent of the votes in the association. The association must make available to…
RCW 64.38.040 Quorum for meeting.
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Unless the governing documents specify a different percentage, a quorum is present throughout any meeting of the association if the owners to which thirty-four percent of the votes of the association are allocated are present in person or by proxy at the beginning of the meeting.…
RCW 64.38.045 Financial and other records—Property of association—Copies—Annual financial statement—Accounts—Requirements for retaining.
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(1) The association or its managing agent shall keep financial and other records sufficiently detailed to enable the association to fully declare to each owner the true statement of its financial status. All financial and other records of the association, including but not limite…
RCW 64.38.050 Violation—Remedy—Attorneys' fees.
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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.[ 1995 c 283 s 10.]
RCW 64.38.055 Governing documents—Solar panels.
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(1) The governing documents may not prohibit the installation of a solar energy panel by an owner or resident on the owner's or resident's property as long as the solar energy panel:(a) Meets applicable health and safety standards and requirements imposed by state and local permi…
RCW 64.38.057 Governing documents—Drought resistant landscaping, pollinator habitat, wildfire ignition resistant landscaping.
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(1) The governing documents may not prohibit the installation of drought resistant landscaping, pollinator habitat, including beehives compliant with local regulation, or wildfire ignition resistant landscaping. However, the governing documents may include reasonable rules regard…
RCW 64.38.060 Adult family homes.
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(1) To effectuate the public policy of chapter 70.128 RCW, the governing documents may not limit, directly or indirectly:(a) Persons with disabilities from living in an adult family home licensed under chapter 70.128 RCW; or(b) Persons and legal entities from operating adult fami…
RCW 64.38.062 Electric vehicle charging stations.
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(1)(a) A homeowners' association may not adopt or enforce a restriction, covenant, condition, bylaw, rule, regulation, provision of a governing document, or master deed provision that:(i) Effectively prohibits or unreasonably restricts the installation or use of an electric vehic…
RCW 64.38.065 Reserve account and study.
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(1) An association is encouraged to establish a reserve account with a financial institution to fund major maintenance, repair, and replacement of common elements, including limited common elements that will require major maintenance, repair, or replacement within thirty years. I…
RCW 64.38.070 Reserve study—Requirements.
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(1) A reserve study as described in RCW 64.38.065 is supplemental to the association's operating and maintenance budget. In preparing a reserve study, the association shall estimate the anticipated major maintenance, repair, and replacement costs, whose infrequent and significant…
RCW 64.38.075 Reserve account—Withdrawals.
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An association may withdraw funds from its reserve account to pay for unforeseen or unbudgeted costs that are unrelated to maintenance, repair, or replacement of the reserve components. The board of directors shall record any such withdrawal in the minute books of the association…
RCW 64.38.080 Reserve study—Demand for preparation and inclusion in budget.
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(1) When more than three years have passed since the date of the last reserve study prepared by a reserve study professional, the owners to which at least thirty-five percent of the votes are allocated may demand, in writing, to the association that the cost of a reserve study be…
RCW 64.38.085 Reserve account and study—Liability.
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Monetary damages or any other liability may not be awarded against or imposed upon the association, the officers or board of directors of the association, or those persons who may have provided advice or assistance to the association or its officers or directors, for failure to: …
RCW 64.38.090 Reserve study—Exemptions.
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Except as provided in RCW 64.90.080 and 64.90.545, an association is not required to follow the reserve study requirements under RCW 64.38.025 and RCW 64.38.065 through 64.38.085 if the cost of the reserve study exceeds five percent of the association's annual budget, the associa…
RCW 64.38.095 Application to common interest communities.
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(1) This chapter does not apply to common interest communities as defined in RCW 64.90.010:(a) Created on or after July 1, 2018; or(b) That have amended their governing documents to provide that chapter 64.90 RCW will apply to the common interest community pursuant to RCW 64.90.3…
RCW 64.38.100 Liens for unpaid assessments—Notice of delinquency—Second notice.
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(1)(a) If the governing documents of an association provide for a lien on the lot of any owner for unpaid assessments, the association shall include the following first preforeclosure notice when mailing to the lot owner by first-class mail the first notice of delinquency to the …
RCW 64.38.110 Notice.
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(1) Notwithstanding any inconsistent provision in the governing documents, notice to the association of lot owners, board, or any lot owner or occupant of a lot under this chapter shall be in writing and shall be provided to the recipient by personal delivery, public or private m…
RCW 64.38.120 Voting—In person, absentee ballots, proxies.
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(1) Owners may vote at a meeting in person, by absentee ballot pursuant to subsection (3)(d) of this section, or by a proxy pursuant to subsection (5) of this section.(2) When a vote is conducted without a meeting, owners may vote by ballot pursuant to subsection (6) of this sect…
RCW 64.38.130 Tenant screening.
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(1) Except as otherwise prohibited by law, and subject to the limitations in subsection (2) of this section, a homeowners' association may:(a) Require any lot owner intending to lease the owner's lot to use a tenant screening service or obtain background information, including cr…
RCW 64.38.140 Licensed family home child care or licensed child day care center—Regulations—Liability.
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(1) A homeowners' association may not adopt or enforce a restriction, covenant, condition, bylaw, rule, regulation, provision of a governing document, or master deed provision that effectively prohibits, unreasonably restricts, or limits, directly or indirectly, the use of a lot …
RCW 64.38.150 New associations minimum density.
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Governing documents of associations within cities subject to the middle housing requirements in RCW 36.70A.635 that are created after July 23, 2023, may not actively or effectively prohibit the construction, development, or use of additional housing units as required in RCW 36.70…
RCW 64.38.160 New associations—Accessory dwelling units.
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(1) Except governing documents of associations created to protect public health and safety, and ground and surface waters from on-site wastewater, governing documents of associations created after July 23, 2023, and applicable to a property located within an urban growth area may…
RCW 64.38.170 Occupancy limits.
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Except for occupancy limits on short-term rentals as defined in RCW 64.37.010 and any lawful limits on occupant load per square foot or generally applicable health and safety provisions as established by applicable building code, city ordinance, or county ordinance, a homeowners'…
RCW 64.38.180 Heat pumps.
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(1)(a) A homeowners' association may not adopt or enforce a restriction, covenant, condition, bylaw, rule, regulation, provision of a governing document, or master deed provision that:(i) Effectively prohibits or unreasonably restricts the installation or use of a heat pump in co…
RCW 64.38.184 Transit-oriented development restrictions.
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(1) Governing documents created after July 27, 2025, and applicable to associations located fully or partially within a station area as defined in RCW 36.70A.030 may not prohibit the construction or development of multifamily housing or transit-oriented development density that m…
RCW 64.38.900 Conflict with other sections.
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In case of any conflict between Title 23B RCW or chapter 23.86, 24.03A, 24.06, or 25.15 RCW and this chapter, this chapter controls.[ 2025 c 119 s 5.]