Washington HOA Rule Change Notice: RCW 64.90.505 Explained

Quick answer: Unless your declaration says otherwise, a Washington board governed by RCW 64.90 must notify all owners before it adopts, amends or repeals a rule. The notice must include the text of the rule or proposed change and the date the board will act after considering owner comments (RCW 64.90.505). After the board acts, it must notify owners again and give them a copy of the new or revised rule. The statute doesn't set a minimum number of days between the notice and the vote, so give owners a reasonable comment window and apply it consistently.

Rule changes are one of the most common reasons owners show up angry at a board meeting. A clean notice-and-comment process heads most of that off. Here is what the statute requires and how to run it.

What RCW 64.90.505 requires

Before the vote: notice with the text and an action date

(1) Unless the declaration provides otherwise, the board must, before adopting, amending, or repealing any rule, give all unit owners notice of: (a) Its intention to adopt, amend, or repeal a rule and provide the text of the rule or the proposed change; and (b) A date on which the board will act on the proposed rule or amendment after considering comments from unit owners.

Three things to get right:

• All owners. Not just the people who come to meetings. Send it the way your association sends other official notices; see our Washington HOA meeting notice guide.
• The actual text. A summary like new pet rules is not enough. Include the full proposed rule or a redline of the change.
• A specific action date. Owners need to know when the board will decide so they can comment before then.

After the vote: tell owners what you did

(2) Following adoption, amendment, or repeal of a rule, the association must give notice to the unit owners of its action and provide a copy of any new or revised rule.

If the board changed the draft in response to comments, the post-adoption notice is where owners see the final version.

Every rule must be reasonable

(5) Every rule must be reasonable.

Comments are your best evidence that the board considered reasonableness. Summarize them in the minutes.

What doesn't need the rule process

(4) An association's internal business operating procedures need not be adopted as rules.

How the treasurer processes invoices or how the board circulates its packet are operating procedures. Anything that tells owners what they can or can't do, such as parking, pets, rentals or common area use, is a rule and needs notice.

The statute also lets an association adopt architectural and design standards if the declaration provides for them. In that case it must adopt procedures for enforcement and for approving construction applications, including a reasonable time for the association to act and the consequences if it doesn't (RCW 64.90.505(3)).

A rule-change timeline that works

The action itself happens at a board meeting, so open-meeting rules apply. See RCW 64.90.445 meeting rules and the 15-minute owner comment period.

What to put in the minutes

• The date the rule notice went to owners and how it was delivered.
• That owner comments were received and considered (summarize the themes; you don't need names).
• The motion with the final rule text attached or referenced, and the vote. Our guide on how to record a motion and vote in HOA board minutes has sample language.
• The date the post-adoption notice will be sent.

If a rule affects money, such as a fine schedule or a late fee policy, coordinate it with your collection policy. Our partners at Dynamite Management explain Washington's collection rules in RCW 64.90.485 after SB 5686. HOA Board Minutes is part of HOA Fiscal, so notices, minutes and the rules themselves live in one place.

Does this apply to older communities?

RCW 64.90 governs communities created on or after July 1, 2018 and those that opted in, and full WUCIOA applies to all common interest communities on January 1, 2028. If your community predates 2018, confirm with the statute or your attorney which rule-adoption procedure applies today. Also check your declaration: the statute's notice requirement applies unless the declaration provides otherwise.

FAQ

Does a Washington HOA have to notify owners before changing rules? Yes, under RCW 64.90.505, unless the declaration provides otherwise. The notice must include the text of the proposed rule or change and the date the board will act.

How much notice is required before a Washington HOA adopts a rule? The statute doesn't set a specific number of days. It requires notice before the board acts and a date on which the board will act after considering owner comments, so give a reasonable window.

Do owners get a copy of the new rule? Yes. After adopting, amending or repealing a rule, the association must notify owners and provide a copy of any new or revised rule.

Do internal procedures have to go through the rule process? No. Internal business operating procedures need not be adopted as rules.

This is not legal advice. Confirm with the current text of RCW 64.90.505, your declaration and your association's attorney.

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