On March 6, 2018, the Washington State Legislature passed the Washington Uniform Common Interest Ownership Act (WUCIOA). It will take effect on July 1, 2018 unless Governor Jay Inslee vetoes the bill.
The WUCIOA is comprehensive legislation which will apply to many types of common interest communities, including condominiums, homeowner associations, and real estate cooperatives. The WUCIOA is intended to create uniformity in the laws governing common interest communities.
Common interest communities created after June 30, 2018, will be governed exclusively by the provisions of the WUCIOA. Common interest communities created before July 1, 2018 will be governed by existing laws unless those communities amend their governing documents to bring their community entirely under the authority of the WUCIOA.
Regardless of what statute a condominium or homeowner association was created under, two provisions of the WUCIOA will apply to all such associations. One pertains to a community’s ability to adopt the WUCIOA will apply to that community regardless of when it was formed and under which statute. The second section creates an affirmative obligation that all community associations comply with a budget ratification process. We will follow-up with a blog article describing the new budget ratification process soon.
If you have questions about amending your documents to bring your community under the authority of the WUCIOA, please let us know. You may also have questions about how your community will operate if you choose not to amend your governing documents, and we are happy to answer any such questions as we are able. Please leave general comments and questions below, and direct questions seeking legal advice to our office.
We will continue to dig into the WUCIOA and will be posting future articles about the act, in addition to keeping you updated on its adoption.
My homeowners association has sold part of a common area known as the riverfront community area, to an individual homeowner. It was done by a simple vote of a few members that established a 1/4 member quorum. Seems a vote like this would require a majority vote of at least 51% of all owners and mortgagees. The HOA are also amending a couple more covenants that should also require a majority of all owners. Am I wrong?
Hello Donis. The answer to your question lies in the governing documents for your association. If you are concerned over whether your Association is following proper procedures, you may want to consider gathering all of the governing documents (declaration, bylaws, amendments, etc.) and taking them to an attorney familiar with this practice area for a consultation/review. Good luck!
What advice do you have for existing condominiums wondering if they should elect to be governed by the new Washington Uniform Common Interest Ownership Act? What are the advantages and disadvantages? Thanks.
Hello Harold! We have begun a series of blog articles detailing some of the differences between WUCIOA and the existing statutes. Stay tuned and read our upcoming articles to learn about some of the pros/cons of WUCIOA provisions. We can’t advise you as to whether WUCIOA is better/worse for your community as we are not your counsel, but feel free to contact us if you’d like a legal opinion.
We are a small H.O.A. of 122 homes. We are in process of combining our current cable paid by H.O.A. with internet through one Company. Do we have to amend the Rules and Regulations in order to be able to charge for the internet portion?
Thank You
Sue Benbow
Hie Sue. The answer to your question will lie in your existing governing documents, and also requires legal advice which we cannot give in the context of a blog. If you’d like to have us review your documents and give you an opinion, feel free to contact us!
Did the Governor sign this act into law and when is/was it effective?
Hello Gerald: yes he did, and the statute took effect on July 1, 2018.