By: Richard A. Davis III
October 7, 2025

The Washington Uniform Common Interest Ownership Act (“WUCIOA”) took effect in 2018.  But thus far, its applicability has been limited to the budget and special assessment approval process for condominiums and homeowners associations that were already in existence at the time of its adoption.  That is about to change.

The entirety of WUCIOA will apply to all community associations as of January 1, 2028.  But SB 5129—which passed during the last legislative session—makes certain provisions of WUCIOA effective even sooner.  This article will survey the changes that take effect on January 1, 2026.  This article is not a comprehensive list of revisions that will take effect on January 1, 2026 but is meant to identify some of the more significant changes.

Member Meetings

Member meetings must be held at least one (1) time each calendar year.  Members are entitled to at least fourteen (14) but not more than fifty (50) days’ notice of the meeting, including an agenda.  If any changes are proposed to the declaration or “organizational documents” (e.g. articles of incorporation, bylaws), the text of the change must be provided in the notice sent to members.  Likewise, if the members will be asked to approve a proposal to remove a board member, the proposal must be contained in the notice.  At any meeting of members, the members must be given a reasonable opportunity to comment on any matter affecting the community or the association.

Ballots for board positions must have blank spaces for “write-in” candidates.

Board and Committee Meetings

All meetings of boards and committees must be open to the membership unless a subject is appropriate for an “executive session” (formerly referred to as a closed session).  The statute sets forth the permissible reasons to hold an executive session.  Common reasons include consultation with the association’s legal counsel, personnel matters, and existing or potential litigation.  No votes can be taken in executive session.

Board meetings must be held in the community or a place convenient for the members to attend.  Meetings may also be held by telephonic, video or other conferencing process if certain statutory requirements are satisfied (e.g. all participants can hear, and votes are conducted by roll call or verbal vote).  Each board meeting must allow a reasonable opportunity for a member comment period of at least fifteen (15) minutes in duration.  The board can place reasonable time restrictions of not less than ninety (90) seconds per owner per unit, but this time can be reduced and allocated equally if more than ten (10) unit owners wish to comment at any meeting.

SB 5129 contains provisions that are similar to the Open Public Meetings Act (which applies to public agencies).  It provides that board and committee members cannot use incidental or social gatherings to evade the open meeting requirements by discussing association business at such a gathering.  But as long as association business is not discussed by a quorum of board members, no meeting occurs.  With these provisions in mind, it will be key to understand the law surrounding “serial meetings” as the law on that issue applies to public agencies, because courts are likely to apply the same principles to board and committee meetings of a common interest community.

One of the more controversial aspects of SB 5129 is the provision that requires notice and agendas for board meetings to be provided to members at least fourteen (14) days in advance, unless it was unforeseen and impracticable, in which case seven (7) days’ notice is required.  Unfortunately, it is not clear how detailed the agenda must be, and until guidance from the courts is received, there will inevitably be disagreements about this provision.  The practical difficulty with this provision is that there is no flexibility to call an “emergency” special meeting unless there is an actual state of emergency declared by a government.  See RCW 64.90.502.

Lastly, if any materials are distributed to the board before the meeting, the board must also make copies of those materials reasonably available to the unit owners.  The only exceptions to this are copies of unapproved minutes or materials that the board will consider in executive session.

Assessments

It is common to charge a convenience fee for credit card payments.  Effective January 1, 2026, a community association must offer at least one free method of paying assessments.

Foreclosures

Effective January 1, 2026, significant changes will take effect to the foreclosure processes that community associations must follow.  The changes are too extensive for this article.  However, at a high-level overview, the following revisions will take effect:

• Notice of Delinquency must be sent to Owner within thirty (30) days after delinquency.
• Standstill:  Associations are barred from taking collection efforts during the fifteen (15)-day standstill period following Notice of Delinquency.
• Delinquent owners have access to a housing counselor to receive advice concerning a repayment plan, modification or other resolution of the delinquency.
• The housing counselor may request the community association to engage in a “meet and confer” meeting with the delinquent owner to discuss a possible resolution.
• Depending on the results of the meet and confer session, the housing counselor may refer the unit owner to mediation, in which case, the community association must participate in good faith.  If the community association does not participate in good faith, this fact can be used by the owner as a defense in the foreclosure action.

Conclusion

The revisions which take effect January 1, 2026 are significant and will take effect even if the community association’s governing documents have not been amended to reflect the changes.  Community associations should consult with their legal counsel so that they are ready to implement these changes.  It is also advisable to update the association’s governing documents so that they align with these new provisions.

Please contact Richard Davis or Seth Woolson at CSD Attorneys at Law P.S. if you have any questions.