Washington Statewide Rule

Washington HOA Covenant & Architectural Enforcement (WUCIOA RCW 64.90.405 / .510)

Heavy RestrictionsApplies statewide across Washington (2026)

Key Facts

WUCIOA rulemaking: RCW 64.90.405: adopt/amend rules; enforce governing documents
Rule limits: RCW 64.90.510: cannot prohibit flags, solar panels, political signs
Older-HOA rules: RCW 64.38.020: adopt/amend bylaws, rules, regulations
Architectural review: Permitted as 'time, place, manner' regulation within statutory limits
Enforcement standard: Must be consistent, not arbitrary or capricious

Last verified: August 20, 2026

Summary

Washington HOAs may adopt and enforce rules and architectural standards and enforce the recorded declaration. Under WUCIOA, RCW 64.90.405 authorizes rule adoption and enforcement, while RCW 64.90.510 fixes outer limits the rules cannot cross (flags, solar, signs). Older HOAs draw the same rulemaking power from RCW 64.38.020.

(11) Impose and collect charges for late payments of assessments and, after notice and an opportunity to be heard by the board of directors or by the representative designated by the board of directors and in accordance with the procedures as provided in the bylaws or rules and regulations adopted by the board of directors, levy reasonable fines in accordance with a previously established schedule adopted by the board of directors and furnished to the owners for violation of the bylaws, rules, and regulations of the association;

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Full Breakdown

WUCIOA RCW 64.90.405 lets an association "amend organizational documents and adopt and amend rules," "enforce the governing documents," and pursue legal proceedings about the community, subject to dispute-resolution and construction-defect procedures. Architectural and covenant rules sit inside this power. RCW 64.90.510 ("Regulatory authority. Limitations") then caps that authority: rules and architectural review may regulate the time, place, and manner of flags, solar panels, and political signs, but "an association may not prohibit" them outright. For older HOAs, RCW 64.38.020 grants authority to "adopt and amend bylaws, rules, and regulations" and to "regulate the use, maintenance, repair, replacement, and modification of common areas." Enforcement under both acts must be consistent, not arbitrary or capricious.

Violations & Penalties

Owners who violate recorded covenants or architectural standards face fines (after notice and hearing), forced correction, and suits to enforce the declaration. Rules or architectural decisions that exceed statutory limits (e.g., banning solar or flags) or are applied arbitrarily are themselves unenforceable.

Frequently Asked Questions

Can a Washington HOA enforce architectural rules?

Yes. WUCIOA RCW 64.90.405 lets the association adopt and enforce rules, including architectural standards, and enforce the recorded declaration. RCW 64.90.510 limits this power so rules cannot outright ban flags, solar panels, or political signs.

Can the HOA selectively enforce covenants against me?

No. Enforcement under WUCIOA must be consistent and may not be arbitrary or capricious. Selective or inconsistent enforcement of covenants can be challenged.

Where does the HOA get power to make new rules?

Under WUCIOA from RCW 64.90.405, which allows the association to adopt and amend rules; older associations rely on RCW 64.38.020. Both are bounded by the protections in statutes like RCW 64.90.510.

Sources

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