Everett, WA HOA Rules: Board Governance (2026)
Key Facts
- Trigger
- Shared drive + common facility
- Incorporation
- Filed with WA Secretary of State
- Covenants
- Recorded before subdivision approval
- Fallback
- Unincorporated HOA under RCW 64.38
- Exempt
- Access-drive-only divisions
Summary
Everett requires certain land divisions to form an incorporated homeowners' association under Everett Municipal Code Section 19.26.120, with recorded covenants covering maintenance of common open space, private utilities, and shared parking.
This section is intended to provide a framework by which future homeowners will be required to manage and maintain these improvements by establishing when a homeowners’ association (HOA) must be created for this purpose and what must be included in the relevant HOA documentation. ... B. Prior to the recording of the subdivision, the applicant shall provide evidence that the HOA has been incorporated pursuant to the laws of the state of Washington, including the filing of the association’s articles of incorporation with the Washington Secretary of State.
Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 4194-26, passed July 29, 2026).
Full Breakdown
Everett Municipal Code Section 19.26.120 requires an HOA for any land division with a common private access drive plus at least one of: common open space or recreation area, common parking, or common utilities or stormwater facilities. Before the plat records, the applicant must show the HOA has incorporated under Washington law, including filing articles of incorporation with the Washington Secretary of State, and give the city covenants covering maintenance of private roads, common open space, and utility infrastructure. If the HOA lapses as a corporation, it continues as an unincorporated association under the state Homeowners' Association Act, RCW 64.38. A division with only a private access drive and no other shared facilities is exempt.
Violations & Fines
Failing to incorporate the HOA or record the required covenants blocks final plat approval; ongoing noncompliance is otherwise enforced under Chapter 1.20 EMC's civil penalty process.
Frequently Asked Questions
When does Everett require a land division to form an HOA?
Does the HOA have to be a Washington corporation?
Sources & Official References
Other rules in Everett
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