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Legislative Update

SB5129 / ESSB5129

Passed as Law · Effective July 27, 2025

ESSB5129 as Session Law: Chapter 119, Laws of 2025

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What is SB5129?

SB5129 (ESSB5129) is a 2025 Washington State legislative update to RCW 64.90 (WUCIOA), introducing changes to open meetings, reserve funds, applicability thresholds, and more — effective July 27, 2025.

Open Meetings Effective Jan 1, 2026

1

All Washington State community associations are required to hold open meetings and are prohibited from conducting votes by email, regardless of governing document language.

Less Wiggle Room
Effective Jan 1, 2026

2

Consolidates RCW 64.90.509 into RCW 64.90.015, reducing the ability of governing documents to vary statutory requirements. Additional deferential items added.

Reserve Fund Updates
Effective Jan 1, 2026

3

Updated requirements for reserve fund control, transfer documentation, and reserve study standards including annual update obligations.

EV Charging & Heat Pumps
Effective Jan 1, 2026

4

Updated provisions for electric vehicle charging stations and heat pump responsibilities, with certain items expected to be revisited in 2026.

Applicability Thresholds
Effective Jan 1, 2026

5

Expands small community exceptions — HOAs with 50 or fewer homes assessed under $1,000/home/year may qualify for reduced obligations under specific conditions.

WUCIOA for All — Jan 1, 2028
Effective Jan 1, 2026

6

Confirms the mandatory compliance deadline for all Washington State community associations, with limited exceptions for commercial-only condominiums.

Read the Full Legislative Detail

The complete breakdown of SB5129 changes is available in our detailed reference document covering nearly 300 pages of legislation.

Upcoming Changes to State Law Impacting Condos, Co-ops, and HOAs

Google Document — Full legislative breakdown

View the full document

ESSB5129 as Session Law: Chapter 119, Laws of 2025 →

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Administration & Technical Rules

Operational and transitional governance mechanics

  • Fewer opportunities to customize governing documents — reference the Less Wiggle Room section.
  • Borrowing requires more accountability and transparency.
  • More precise allowances for fees and charges.
  • Explicit allowance to assess units benefited.
  • Explicit ability to designate “high risk components.”
  • Limited authority for the Board to amend the declaration to correct errors and ambiguities without a vote of the members.
  • Board members and their immediate family members and affiliates may not bid to take an interest related to unit foreclosures.
  • Votes from multiple unit owners of the same unit are automatically void except as provided by a declaration.
  • Updates to licensed family child care restrictions.
  • Prohibition against unreasonable restrictions for adult family homes.
  • Precise procedure for delegation of authority from a sub-association to a master association.
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Development & Structural Changes

Rules affecting property structure and allocation

  • With limited exceptions, common elements and limited common elements are an association responsibility.
  • Conveyance and encumbrance of common elements is subject to additional conditions.
  • Common elements may be reallocated as limited common elements.
  • EV charging installations do not require reallocations.
  • Reallocation procedural updates including a quorum of owners required.
  • Explicit requirements governing the period of declarant control, transfer of association property and transfer of special declarant rights.
  • A declarant must transfer a reserve study, if one exists, to the unit owners.
  • Prohibition against adverse possession of common elements and easements.
  • Unit owners are not liable in actions against an association.
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Property Use & Owner Rights

Protections for reasonable property use

  • Voting rights cannot be suspended.
  • Limits on the suspension of privileges.
  • Limits on regulation of the use, occupancy or behavior in units.
  • Political signs may not be prohibited and are subject to reasonable rules about placement and manner.
  • Associations cannot unreasonably prohibit storage of compost, garbage and recycling receptacles.
  • Associations cannot unreasonably prohibit flagpoles within limited common elements and units.
  • Prohibition against arbitrary and capricious enforcement.
  • Specific rights of enforcement against tenants.
  • Allowances for Board discretion to stay enforcement.
  • Dispute resolution (ADR) can be adopted as a mandatory prerequisite to litigation.
  • Homeowners can request that the Board evaluate and remove unlawful restrictions in the governing documents.
  • Master property insurance must cover units and, unless specifically provided otherwise in the declaration, all improvements and betterments to the units.
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Financial & Assessments

Rules governing funds, costs, and enforcement

  • Associations must use accrual based accounting practices.
  • Annual audits cannot be waived by a vote of the members, except for associations with an annual budget under $50,000.
  • Budgets must include reserve borrowing information.
  • The Board must be in direct control of reserve funds.
  • Reserve transfers that are not between funds of the same association require two signatures.
  • Reserve studies must include all components where replacement cost exceeds 1% of the annual budget.
  • A statement expressing the reserve surplus or deficit on a per-unit basis must be included in reserve studies.
  • Reserve studies must be updated annually with few exceptions.
  • Less deference provided for Board discretion about the contents and preparation of reserve studies.
  • Associations must accept at least one form of payment at no charge.
  • Reserve funds can be invested pursuant to specific criteria.
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Records & Transparency

Disclosure and record-keeping requirements for associations

  • More thorough resale certificate disclosure standards.
  • Records disclosures must be provided within 10 days and at most within 21 days unless a court orders otherwise.
  • Records disclosures will include electronic addresses unless owners opt out.
  • Additional records must be retained by an association.
  • Agents must provide records to an association within 5 and 10 days of termination or the Board’s demand respectively.
  • Notice must be provided twice before creating, amending or repealing any rule.
  • Fine schedules are required before imposing fines.
  • Creation, amendment and repeal of fine schedules requires two notices in the same manner as rules.
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Elections & Board Rules

Standards governing elections and board structure

  • Secret ballots are required for elections and amendments.
  • Reasonable measures must be taken to verify members participating by electronic communication and to establish the authenticity of proxies and ballots.
  • Incumbent Board members and candidates cannot have any access to ballots.
  • Ballots must be opened, reviewed, and counted at the meeting called for such purpose and recorded in the meeting minutes.
  • Votes allocated to units owned by the association must be cast proportionally to the outcome of the matter.
  • The Board must be comprised of at least three members.
  • A quorum is only present if a majority of the directors are present at the time a vote is taken.
  • No more than one third of Board positions can be appointed at any time.
  • Application of conflict of interest and indemnification standards from RCW 24.06.
  • Directors may be removed by the Board if delinquent in payment of assessments and do not cure the delinquency.
  • Members have the right to immediately elect a successor when a director is removed.
  • Directors subject to removal have the right to speak at a meeting called for such purpose.
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Meetings & Voting

Detailed requirements for how and when associations must meet and make decisions

  • All meetings are open to owners and owners have the right to comment at each meeting.
  • Executive sessions must occur during open meetings and may only address a short list of confidential items.
  • Meetings must be formally noticed 14 days in advance or provided in a formally noticed schedule to all owners.
  • Meeting materials made available to the Board or Committee must also be made available to owners before every meeting.
  • Persons who disrupt a Board or Committee meeting may be warned and subsequently expelled.
  • Urgent matters allow scheduling Board meetings with 7 days notice instead of 14.
  • Meetings of members may be held by electronic means pursuant to specific criteria regardless of governing document restrictions.
  • Board meetings can be held by electronic means regardless of restrictions in the governing documents.
  • Meetings held by electronic means must include an option to join by phone.
  • Owners must be permitted to comment before Board discussion and decisions.
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Governance & Legal Framework

Core statutory rules governing associations statewide

  • WUCIOA defines 62 terms versus 17, 45 and 22 in prior statutes. Precise definitions make all the difference. (RCW 64.90.010)
  • More prescriptive content requirements for declarations, bylaws, maps and plans. (RCW 64.90.225)
  • The Board may amend the declaration without a vote of the owners under specific circumstances. (RCW 64.90.285(9)(10))
  • All dollar amounts fixed in the statute adjust with inflation.
  • Associations must be organized as corporations or LLCs.
  • Additional prescription for requirements to terminate a common interest community.
  • Additional limits on the rights of mortgagees.
  • Additional requirements for public offering statements, escrow and lien release.
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