New HOA & Community Association Laws Coming Sooner to Skagit, Island  and Whatcom Counties

Property owners in Skagit, Island and Whatcom counties, take note: significant changes are on the horizon for how common interest communities operate, with many new provisions of the Washington Uniform Common Interest Ownership Act (WUCIOA) set to take effect sooner than anticipated. This impacts condominiums, plat communities, and other homeowner associations (HOAs) across our region, from Bellingham to Mount Vernon and the surrounding areas.

With the passage of Senate Bill 5129, certain WUCIOA provisions will now apply to all common interest communities in Skagit, Island and Whatcom counties – including those established before 2018 – beginning January 1, 2026. This brings a wave of changes focusing on transparency, governance, and meeting procedures, two years earlier than originally planned.

Here’s a breakdown of the most impactful changes for HOAs and community associations in our local communities:

Homeowner Comment Period: All HOA Board meetings in Skagit, Island and Whatcom counties must now begin with at least 15 minutes dedicated to homeowner comments. Boards can limit individual speaking time to 90 seconds or more, with further reductions only if over 10 owners wish to speak.

Remote Meetings: Regardless of existing governing documents, HOAs in our area are now permitted to hold meetings via telephone, video conferencing, or other electronic means, provided certain legal requirements are met. A physical meeting location is no longer a necessity.

Emergency Meeting Notices: In unforeseen circumstances, meeting notices can be delivered with just 7 days’ advance electronic notice, a reduction from the standard 14 days.

Access to Board Materials: Homeowners now have the right to request access to all materials included in their HOA Board packets, fostering greater transparency.

Transparency in Governance: New requirements for meeting notices and recordkeeping will be enforced, aiming for enhanced openness in how our local HOAs are governed.

Committee Decisions: Important decisions made by Board-delegated committees, such as an Architectural Review Committee, must now be individually approved by the full Board.

Board Election Ballots: All ballots for Board elections must include a blank space, allowing for write-in candidates.

Secret Ballots for Key Votes: Certain critical votes, including Board member elections, removals, and amendments to governing documents, must now be conducted via secret ballot. These ballots must be opened, counted, and the results recorded in the meeting minutes. A quorum is not required if proper ballot handling procedures are followed. Importantly, candidates and current Board members with a personal interest in the vote are prohibited from accessing or counting these ballots.

Resale Certificates: Similar to condominiums, all types of common interest communities in Skagit, Island and Whatcom counties must now provide a resale certificate when a unit is sold. Buyers have a 5-day window to cancel the sale upon receipt of this certificate. Waivers are allowed under specific conditions outlined in RCW 64.90.600.

Assessment Payment Options: Associations are now required to offer at least one fee-free method for paying assessments.

Reserve Fund Investments: No more than 50% of an association’s reserve funds may be invested, and any investment must comply with RCW 11.100.020.

Financial Transparency: HOAs must provide owners with additional information regarding reserve studies, investment strategies, and financial reports, increasing clarity on the association’s financial health.

EV Charging Stations: Board approval may not be required for an owner to install an electric vehicle charging station unless it affects a common element or connects to shared electrical infrastructure. This is particularly relevant as more Skagit and Whatcom residents adopt electric vehicles.

Heat Pump Installations: Boards cannot unreasonably withhold approval for the installation of heat pump systems on or in common areas, promoting energy efficiency within communities.

These accelerated changes mean that many HOAs and community associations throughout Skagit, Island and Whatcom counties need to review their current governing documents and operational procedures to ensure compliance by the January 1, 2026, deadline. We always recommend to use legal counsel if there is any question on how these laws will impact the association.