Kirkland HOAs must enforce CCRs uniformly under RCW 64.90.545 and give written notice, opportunity to cure, and hearing rights before imposing fines or liens.
Covenants, Conditions and Restrictions (CCRs) are the contractual rules that run with the land in a common interest community. Under RCW 64.90 (WUCIOA), Kirkland HOAs may enforce CCRs through cure letters, fines, suspension of privileges, and judicial injunctions, but must follow specific due-process procedures before imposing most sanctions. The statutory framework requires written notice describing the alleged violation, the specific CCR section violated, the opportunity to cure within a reasonable time (typically 10 to 30 days depending on the nature of the violation), and the right to a hearing before the board or a committee with opportunity to present evidence and witnesses. Fines must be reasonable and match the fine schedule adopted by the board and provided to members, and RCW 64.90.410 prohibits fines for non-violations or for lawful activities protected by state law. Selective enforcement, where the HOA enforces a rule against some owners but not others, can be a legal defense and may waive the HOA right to enforce the rule in the future. The association must keep records of all enforcement actions and may not use enforcement proceedings to retaliate against owners who run for the board, attend meetings, or file complaints. Legal rights that cannot be waived through CCR enforcement include display of the American flag, clotheslines in some jurisdictions, solar panels, political signs during election windows, and religious displays on doors or doorframes.
Contact your local code enforcement office for specific penalty information.
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