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Washington State has a uniquely complex set of HOA voting laws. Depending on when your community was created, you could be governed by one of three different statutes – each with its own voting requirements and procedures.
What makes it even more challenging? The Washington legislature just passed ESSB 5796, which will completely overhaul HOA governance by 2028.
Every association in the state – whether created in 1975 or 2025 – will soon operate under the Washington Uniform Common Interest Ownership Act (WUCIOA). Communities that don’t prepare face invalid provisions, legal challenges, and operational chaos.
But here’s the reality: you still need to run valid elections today while preparing for future requirements. Read on to learn more about Washington’s current voting laws and how to better manage your HOA voting processes in the state.
Want to learn more about how to manage HOA voting and other key association operations? HOA Start has the tools and resources you need to help your community thrive. Learn more today!
Washington maintains three separate comprehensive statutes for community associations based solely on creation date.
The Horizontal Property Regimes Act (RCW 64.32) governs residential condominiums created on or before July 1, 1990. These older communities operate under the state’s original condominium law, with voting procedures that reflect a different era of community governance.
The Washington Condominium Act (RCW 64.34) applies to condos created after July 1, 1990 but before July 1, 2018. This modernized statute introduced clearer voting procedures, including specific provisions for absentee ballots and proxy voting that older communities couldn’t access without amending their documents.
The Homeowners’ Association Act (RCW 64.38) provides the framework for non-condominium HOAs created before July 1, 2018. Think single-family home subdivisions and townhome communities – these associations follow yet another set of voting rules.
WUCIOA (RCW 64.90) currently applies only to communities created after July 1, 2018. But come January 1, 2028, it becomes the sole governing statute for everyone.
This patchwork system creates immediate practical problems. Two neighboring communities might have completely different voting requirements – one allowing online voting while the other requires paper ballots, one permitting broad proxy use while the other restricts it.
Board members can’t simply copy “best practices” from other associations. What’s legally required for your neighbor might be illegal for you. Election procedures that worked perfectly last year might violate the law if you misidentify which statute applies.
Communities ignoring this transition face serious consequences. Any governing document provision that conflicts with WUCIOA becomes automatically invalid on January 1, 2028.
Before running any election, you must identify which statute controls your voting procedures. This isn't always straightforward, but your governing documents provide the answer.
Check your declaration’s opening paragraphs. Look for phrases like “organized under the Washington Condominium Act” or references to specific RCW chapters.
The recording date of your original declaration also provides clues – communities created in different eras fall under different statutes.
| Community Type | Creation Date | Governing Statute | Key Voting Features |
| Condominium | Before July 1, 1990 | RCW 64.32 | Limited voting options, older procedures |
| Condominium | July 1, 1990 – June 30, 2018 | RCW 64.34 | Absentee ballots, proxy voting, modern procedures |
| Non-Condo HOA | Before July 1, 2018 | RCW 64.38 | Varies by governing documents |
| Any Type | After July 1, 2018 | RCW 64.90 (WUCIOA) | Comprehensive modern requirements |
| All Types | After January 1, 2028 | RCW 64.90 (WUCIOA) | Mandatory uniform procedures |
Under WUCIOA (New Communities), voting procedures are comprehensive and mandatory. Secret ballots are required for many votes, electronic participation is explicitly authorized, and owner rights are significantly expanded. These communities already operate under tomorrow’s rules.
Washington law recognizes that requiring in-person attendance disenfranchises many owners. Modern work schedules, travel, and health concerns mean traditional meetings exclude significant portions of the community.
Current statutes address this differently. RCW 64.34 specifically authorizes absentee ballots but requires:
Communities under older statutes might lack explicit absentee ballot authorization. Without clear statutory or document support, boards risk challenges when accepting votes from absent owners..
Candidate recruitment deserves special attention. Washington law doesn’t mandate specific nomination procedures, but transparency demands clear, accessible processes.
Election notices must do more than announce a date and location. Washington law requires specific content that varies by governing statute:
Meeting notice essentials:
For absentee voting, additional requirements apply:
Vague notices sink elections. “Annual meeting and other business” won’t suffice when specific elections or votes are planned. Over-communicate rather than risk invalidation for inadequate notice.
Washington statutes generally defer to your governing documents for quorum requirements. Typical thresholds range from 20% to 34% of total votes, though some older documents set impossibly high barriers like 50% or even 67%.
Modern strategies for achieving quorum include:
Remember: proxies and absentee ballots count toward quorum if properly authorized. Maximizing these options often makes the difference between valid elections and costly failures.
The mechanics of handling ballots might seem mundane, but this is where elections often fail. Washington law requires associations to verify voter identity while maintaining voting integrity – a delicate balance that trips up many boards.
Verification procedures must confirm that the person casting a vote has the right to do so. For in-person voting, check owners against your current roster. Associations need clear authentication methods for absentee ballots – signatures, unique identifiers, or other systems that prevent fraud without creating barriers.
When multiple people own one unit, they share one vote. RCW 64.34 provides a specific solution: if co-owners disagree, one can cast the vote unless another immediately protests to the presiding officer. No protest? The vote counts.
From the moment ballots are distributed through final counting, you must maintain a clear chain of custody. Use sealed ballot boxes, limit access to voted ballots, and never allow candidates to handle ballots before counting is completed.
Proxy voting remains one of Washington’s most misunderstood election features. When properly used, proxies increase participation and ensure representation. When abused, they concentrate power and undermine democracy.
Current Washington law varies significantly by statute:
RCW 64.34 associations have detailed proxy rules:
Other associations depend on their governing documents. Some bylaws prohibit proxies entirely. Others allow unlimited accumulation, enabling one person to control dozens of votes. Most fall somewhere between, permitting proxies with reasonable restrictions.
Washington law creates unique challenges when owners hold multiple units. Unlike some states that grant one vote per unit owned, Washington associations typically follow their governing documents, which vary wildly.
Some assign proportional voting power based on unit ownership. Others cap voting rights regardless of holdings. Still others remain silent, creating confusion when investors or developers own significant portions of the community.
The appeal of electronic voting is obvious: convenience, cost savings, and increased participation. The legal hazards are less apparent but equally real.
Current law requires explicit authorization for electronic voting. Associations assuming they can email ballots without document support risk invalidation. Even when authorized, electronic voting demands:
WUCIOA will standardize electronic voting authorization, but implementation challenges remain. Start building these systems now while mistakes carry lower stakes.
Most Washington owners don’t realize that lessees sometimes gain voting rights. RCW 64.34 specifically addresses this scenario: when governing documents require lessees to vote on certain matters, unit owners lose those voting rights.
This typically applies to investor-owned communities where renters form the majority. Rather than having absent landlords make all decisions, documents may shift specific voting rights to actual residents.
Managing lessee voting requires:
The current three-statute system reflects Washington’s upgrade in community association law. Yes, it’s complicated, but it also provides flexibility for different community types and generations.
Knowing which law governs your association – and following its specific requirements – isn’t just about compliance. It’s about respecting your fellow owners’ fundamental right to participate in community decisions.
The coming WUCIOA change promises welcome standardization. By 2028, every Washington association will follow the same voting rules. Electronic participation will be universal. Secret ballots will protect voter independence. Owner input will be guaranteed, not optional. These changes recognize that modern communities need modern governance tools.
Here’s the challenge: you must run compliant elections under current law while preparing for completely different requirements in 2028. It’s like driving your current car while simultaneously building the vehicle you’ll need in three years.
HOA Start understands Washington’s unique challenges. Our platform adapts to whether you’re governed by RCW 64.32, 64.34, 64.38, or 64.90, ensuring you follow the right requirements for your association.
As 2028 approaches, we’ll seamlessly transition your voting procedures to WUCIOA compliance – no disruption, no scrambling, just smooth evolution.
Ready to master Washington’s complex voting requirements while preparing for WUCIOA? Try HOA Start free today and discover why Washington associations trust us to navigate both today’s compliance and tomorrow’s transformation.
HOA Start software and our community website support provide all the tools you need to operate your association efficiently and effectively. Are you ready to take the next step? Join the network of HOA Start customers and share the success with your community. Call 863-462-7483 to speak with a team member, or click here to send us an e-mail message today.
