State Law Guide - Updated January 2026
Washington HOA Laws and Homeowner Rights
Under Washington Homeowners' Association Act (RCW 64.38), Washington homeowners have specific rights when facing HOA fines and violations. Written notice with opportunity to be heard before fines (RCW 64.38.020).
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Your Rights Under Washington Homeowners' Association Act
Washington law provides important protections for homeowners facing HOA enforcement actions. Understanding these rights can help you identify procedural defects that may void improper fines.
Association Powers
Fine authority with due process requirements; notice and hearing before fines
Liens for Unpaid Assessments
Foreclosure threshold: $2,000 or 3 months assessments; fines excluded from threshold
Board Standard of Care
Fiduciary duties and budget ratification requirements
Association Meetings
Notice and member participation requirements
Reserve Account and Study
Reserve study requirements for financial planning
Common HOA Violations in Washington
HOAs can only enforce rules that are properly documented in the governing documents (CC&Rs). Here are common violation types that Washington homeowners face.
Washington-Specific Issues
- -lawn watering (protected during droughts)
- -fire-resistant landscaping (cannot prohibit)
- -RV/boat parking
- -street parking (dense areas)
- -noise complaints
Common Nationwide Issues
- -architectural modifications
- -landscaping
- -parking
- -noise complaints
- -pet violations
- -rental restrictions
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Washington HOA Oversight
None (AG Consumer Protection handles complaints)
Washington has state-level HOA oversight. You can file complaints and seek assistance for disputes.
Visit None (AG Consumer Protection handles complaints)Frequently Asked Questions
How do I dispute an HOA fine in Washington?
Under RCW 64.38.020, you have the right to written notice and an opportunity to be heard before any fine is imposed. Request a hearing in writing and present your evidence to the board. The fine must follow a published schedule and be "reasonable." Keep all documentation of your dispute.
Is there a fine cap in Washington State?
Washington does not have a statutory cap on HOA fines. However, fines must be "reasonable" and follow a published fine schedule. If your HOA imposes fines that are excessive or not authorized by the governing documents, they may be unenforceable. Courts can review whether fines are reasonable.
Can my HOA foreclose on my home for unpaid fines in Washington?
Importantly, fines are excluded from the foreclosure threshold calculation. Under RCW 64.38.100, the HOA can only foreclose when unpaid assessments (not fines) reach $2,000 or 3 months of assessments, whichever is greater. This protects homeowners from foreclosure for fines alone.
Can my HOA fine me for reducing lawn watering during a drought?
No. Washington law protects homeowners who reduce lawn watering during Department of Ecology drought orders. HOAs cannot fine or take action against homeowners who comply with water conservation measures during declared droughts. This is an important protection in the state.
Can my HOA prohibit fire-resistant landscaping?
No. Washington law prevents HOAs from prohibiting wildfire ignition resistant landscaping. If you want to replace traditional landscaping with fire-resistant plants and materials, your HOA cannot prevent you from doing so. This protection is particularly important in areas prone to wildfires.
Where do I file a complaint against my Washington HOA?
Washington has no dedicated HOA regulatory agency. File complaints with the Washington Attorney General's Consumer Protection Division. For disputes up to $10,000, you can file in small claims court. Private mediation is available under the Uniform Mediation Act (RCW 7.07).
Official Washington Resources
- RCW 64.38 Full Text(Statute)
- Washington AG Consumer Protection(Government)
- Washington Small Claims Court(Courts)
- Washington State Bar Lawyer Referral(Reference)
- WUCIOA Transition Information(Statute)
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Based on RCW 64.38