Washington Statewide Rule
Washington HOA Fines & Notice-and-Hearing Rules (WUCIOA RCW 64.90.405 / HOA Act RCW 64.38.020)
Key Facts
- WUCIOA fines
- RCW 64.90.405: reasonable fines after notice and opportunity to be heard
- Older-HOA fines
- RCW 64.38.020: same notice/hearing standard, late-payment charges allowed
- Schedule required
- Board-adopted fine schedule furnished to owners before any fine
- Dollar cap
- None set by statute; fines must be 'reasonable'
- Due process
- Notice + opportunity to be heard mandatory under both acts
Summary
Both Washington regimes let HOAs impose reasonable fines, but only after notice and an opportunity to be heard and only under a fine schedule already adopted by the board and furnished to owners. WUCIOA communities use RCW 64.90.405; older associations use RCW 64.38.020. Neither statute sets a dollar cap on fines.
(l) Enforce the governing documents and, after notice and opportunity to be heard, impose and collect reasonable fines for violations of the governing documents in accordance with a previously established schedule of fines adopted by the board of directors and furnished to the owners pursuant to the requirements for notice in RCW 64.90.505;
Full Breakdown
WUCIOA RCW 64.90.405 lets the association "enforce the governing documents and, after notice and opportunity to be heard, impose and collect reasonable fines for violations of the governing documents in accordance with a previously established schedule of fines adopted by the board." The schedule must be noticed to owners. For older HOAs, RCW 64.38.020 grants power to "impose and collect charges for late payments" and to "levy reasonable fines in accordance with a previously established schedule adopted by the board of directors and furnished to the owners," again requiring notice and an opportunity to be heard. Both demand the fine be "reasonable," but neither fixes a statutory dollar maximum: limits come from the schedule and governing documents.
Violations & Penalties
A fine is valid only if it follows a pre-adopted, owner-furnished schedule and the owner first receives notice and an opportunity to be heard. Fines imposed without that due process, or outside the schedule, are subject to challenge. There is no statutory dollar cap.
Frequently Asked Questions
Can a Washington HOA fine me without warning?
Is there a maximum fine a Washington HOA can charge?
Can the HOA fine my tenant?
Sources
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