top of page

Improving RCW64.90 (previously SB6175)

There are some very good features about the State of Washington's RCW 64.90 that I highlighted previously on FB because it adds reasonable rights that should be available to members of HOAs in Washington if these rights do not exist, or worse if these rights have been ignored or circumvented by an HOA's Board of Directors. As written previously, this law will govern all New HOAs created after July 1, 2018; and it will apply to preexisting HOAs created prior to this date if members choose to adopt it.

Since RCW 64.90 is less than a year old, it needs to grow and flourish, meaning all of the potential and actual impacts of this legislation on HOAs have not been considered fully at this time. Therefore, some sections of RCW 64.90 will be amended and other sections may be repealed or replaced. In the meantime, members of these "preexisting " HOAs should weigh whether RCW 64.38 will continue to govern them or whether RCW 64.90 protects their interests better that RCW64.38 protects them.

The following example explains my point. One of the more important sections of both laws cover the budget approaval process. RCW64.38 addresses the Board's proposed Budget that requires members' approval; but omits any references to other assessments. Therefore, an HOA's Board can decide by a majority vote of the Board to create a reserve fund or special special assessment for repairs or capital improvements, respectively, without presenting any information to members about the repairs or improvements and without obtaining members' approved vote.

RCW64.90.525 (2) addresses the Board's prop