WUCIOA 401 — What About Existing HOAs and Condos? WUCIOA's Impact Explained
Disclaimer: The information in this blog post is intended for general understanding and education. It should not be taken as legal advice. Always consult with a qualified attorney for guidance on specific legal matters.
Board meetings are where critical decisions that shape your community are made—budget approvals, rule changes, and vendor selections, to name just a few. Under WUCIOA (RCW 64.90) and related statutes, board members are expected to follow specific protocols to ensure meetings are fair, transparent, and legally compliant.
Advance Notice Requirements
WUCIOA emphasizes that associations must give sufficient advance notice for board meetings. Notices should typically include the time, date, location, and an agenda outline if possible. This allows homeowners who wish to observe, or in some cases participate, to plan accordingly.
Open Meetings vs. Executive Sessions
Most board meetings should be open to all members for observation. However, certain topics—like discussing litigation strategy, delinquencies, or personnel issues—can be handled in executive session. The law mandates that boards clearly state the purpose of moving into an executive session, ensuring transparency about why homeIntroduction
WUCIOA automatically applies to new communities created after July 1, 2018. But what about older associations? Let's unpack it.
Existing Communities: Opt-In Option
Older HOAs and condos can "opt-in" to WUCIOA, but they must:
Get owner approval (67% or more typically required)
Formally amend their governing documents
Why Opt-In?
Access clearer rules
Improve transparency
Strengthen legal protections
Challenges of Opting-In
Time-consuming amendment process
Potential disagreements among owners
Partial Application
Some parts of WUCIOA apply automatically to older communities, such as:
Budget ratification process
Reserve study requirements
Best Practices for Existing Communities
Review governing documents
Consult legal counsel
Educate owners about pros and cons
Conclusion
WUCIOA offers opportunities for older communities to modernize, but they must weigh the decision carefully. Our final post will compare Washington's WUCIOA to similar laws in other states.