The Washington Uniform Common Interest Ownership Act (WUCIOA), took effect on July 1, 2018. The bill creates a new chapter in the Revised Code of Washington that governs the formation, management, and termination of condominiums, cooperatives, and planned communities (such as communities governed by homeowners’ associations) created after July 1, 2018. The bill refers to these three types of communities as Common Interest Communities (CICs).
- The WUCIOA in its entirety applies to ALL CICs created after July 1, 2018.
- An association may elect to opt in.
- Small communities with no more than 12 units and no more than $300 in annual assessments per unit are exempt from most of the provisions.
- Section 326 of the WUCIOA applies to ALL CICs, regardless of when they were created.
CICs existing before July 1, 2018, generally are not subject to WUCIOA but may elect to opt in to its requirements. Small plat communities with no more than 12 units and no more than a $300 annual assessment per unit are exempt from most of WUCIOA’s provisions, so long as the declarant does not reserve any right to future alteration of the CIC.
Regardless of what statute a condominium or homeowner association was created under, two provisions of the WUCIOA will apply to all such associations. One pertains to a community’s ability to adopt the WUCIOA will apply to that community regardless of when it was formed and under which statute. The second section creates an affirmative obligation that all community associations comply with a budget ratification process.
Section 326 of WUCIOA also sets specific requirements for information that must be contained in the budget summary. These requirements include projected income and common expenses, the amount of assessments per unit and the date the assessments are due, the current amount of regular assessments budgeted for contribution to the reserve account, and the current balance of the reserve funding per unit. The budget must also contain a statement of whether the association has a reserve study that meets the WUCIOA’s requirements, and how close the budget is to meeting the recommendations of the reserve study. Pacific Crest provides a customized copy of the disclosure with all of its reserve studies.
The WUCIOA is large and complex, if you are self managed we strongly encourage you to become familiar with its provisions. You may want to consult with the association lawyer. Here are a few other highlights of the WUCIOA to be aware of:
- Annual and special meetings
- Notice and opportunity to comment
- Adoption, amendment, and repeal of rules
- Financial records of the association
- Challenges to board Actions
- Statutory liens for unpaid assessments
To see the full WUCIOA Bill