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How do I dispute an HOA assessment or fine in Washington?

Federal & State Law Editorial TeamLast reviewed: 2026-05-18

Washington's WUCIOA modernized common-interest community law and applies to all communities created on or after July 1, 2018; older communities remain under earlier acts unless they opt in.

1. Governing Statute

  • Communities created on/after July 1, 2018: Washington Uniform Common Interest Ownership Act (WUCIOA), Wash. Rev. Code Ch. 64.90.
  • HOAs created before July 1, 2018: Homeowners' Associations Act, Ch. 64.38.
  • Condos created July 1, 1990 to June 30, 2018: Condominium Act, Ch. 64.34.
  • Pre-1990 condos: Horizontal Property Regimes Act, Ch. 64.32.

    • 2. CC&Rs and Bylaws

    Recorded declaration is the controlling document. Amendments require the percentage specified, but at least 67% under WUCIOA (§ 64.90.285).

    3. Common Disputes

    Architectural, parking, pets, leasing and short-term rental restrictions, assessment increases (board may increase annually to fund budget under WUCIOA without owner vote unless budget exceeds the prior year by more than 25% — § 64.90.525), fines, late fees.

    4. Internal Dispute Resolution

    WUCIOA requires notice and an opportunity to be heard before any sanction, including fines, suspensions, or assessment increases challenged by an owner (§ 64.90.510). The board or a hearing committee must provide written findings. Older Ch. 64.38 HOAs follow the declaration and bylaws but must provide reasonable due process.

    5. Alternative Dispute Resolution

    WUCIOA does not mandate ADR, but many declarations require mediation. Washington's Uniform Arbitration Act (Ch. 7.04A) enforces arbitration clauses. The Washington State Bar Lawyer Referral Service and county dispute resolution centers handle low-cost mediation.

    6. Lien & Foreclosure

    The association has a statutory lien for unpaid assessments (§ 64.90.485 WUCIOA; § 64.34.364 Condo Act). Six months of common expenses have priority over a first mortgage (WUCIOA super-lien). Foreclosure may be judicial or nonjudicial (under a deed-of-trust power of sale if the declaration so provides — § 64.90.485(5)). Notice and 90-day pre-foreclosure period required.

    7. Open Meeting & Record Inspection

    Board meetings must be open with limited executive session (§ 64.90.445 WUCIOA; § 64.38.035 HOA Act). Owners may inspect financial records, minutes, contracts, and ballots (§ 64.90.495).

    8. Statutory Caps

    Solar energy systems (Wash. Rev. Code § 64.38.055 and WUCIOA § 64.90.555 — HOA may impose only reasonable restrictions, not prohibit), flag display (§ 64.38.030 and federal Freedom to Display Act), satellite dishes (federal OTARD), EV charging (§ 64.90.510(6) requires reasonable accommodation in new communities), and service/assistance animals under federal FHA.

    9. Lawsuit Remedies

    Declaratory judgment (Ch. 7.24), injunction, breach of fiduciary duty (WUCIOA § 64.90.405 — board members owe duty of care and loyalty), derivative actions, and prevailing-party attorney's fees when the declaration, bylaws, or statute authorize (§ 64.90.485(11)).

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Notice of nonjudicial trustee sale for HOA assessments received
    • Budget increase exceeds 25% threshold and owners want to challenge
    • Disputed amendment imposing retroactive rental cap
    Related Statutes & Laws
    • Wash. Rev. Code Ch. 64.90 (WUCIOA)
    • Wash. Rev. Code Ch. 64.38 (HOA Act)
    • Wash. Rev. Code Ch. 64.34 (Condominium Act)
    • Wash. Rev. Code § 64.90.485 (lien & super-lien)
    • Wash. Rev. Code § 64.90.510 (fines & hearings)

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.