In 2028, all of us who reside in community associations, whether we reside in condominiums, co-ops, planned use developments (“PUD”s) or homeowners associations, will be governed by one statute, the Washington Uniform Common Interest Ownership Act (“WUCIOA”). Until then, we continue to understand that the time at which our condominium or homeowners association was created dictates which current act governs our ability to do certain things within our communities. Our governing documents, CCRs, Bylaws, and Rules, all still supplement the applicable statute, as long as they create no conflicts with the applicable act.
Washington Senate Bill 5796 applies WUCIOA to all common interest communities beginning January 1, 2028.[1] It also amends the existing WUCIOA provisions to incorporate updates that have been made to the Uniform Common Interest Ownership Act (“UCIOA”), upon which WUCIOA is based, and other changes, including providing a ten (10) to twenty-one (21) day window to respond to records requests (dependent on the length of time to reasonably fulfill the request), allowing for the use of a unit as an adult family home, empowering the Board to take actions during times of emergency that are necessary to protect the interests of unit owners, and allowing for remote voting by unit owners and their proxies. It repeals the Horizontal Property Regimes Act, the Washington Condominium Act, the Homeowners’ Association Act, and the Land Development Act.
While it may feel like there is plenty of time to deal with the convergence of all existing Acts into a single RCW 64.90 et seq., 2028 will come up fast and we need to start planning for that transition. Please contact your attorney and community association manager to start that process sooner than later. As I like to say, the days go slow, but the years go very fast!
The good news is that there will be only one Act, rather than four plus that currently govern community association living. In the long run, this should make it easier to understand the “rules” that govern our residential and/or commercial existence in a condominium, association-governed single family house, or a townhouse. Transitions are always interesting, so plan accordingly and make sure you are counseled well. 2028 is just around the corner.
[1] EFFECTIVE DATE: June 6, 2024—Except for section 319, which takes effect January 1, 2025; and sections 401 through 432, which take effect January 1, 2028.
Recent Comments