βš“Harbor Lights West
Regulatory Compliance Β· Chapter 64.90 RCW

WUCIOA

The Washington Uniform Common Interest Ownership Act absorbs every condominium in the state on January 1, 2028 β€” including this one, automatically, with no vote. Part of it already applies. This page is what that means, what it costs, and who does what.

Declaration rec. 6/21/1990 Β· No. 9006210697
Base statute: ch. 64.32 RCW (HPRA)
29 units Β· majority = 15 Β· opt-in = 9 ballots
Reserve 30.5% funded

Start here

The whole thing in six questions.

What is WUCIOA?

The Washington Uniform Common Interest Ownership Act, chapter 64.90 RCW. It is Washington's single, consolidated rulebook for condominiums and homeowner associations β€” Washington's version of a national model law, enacted in 2018 to replace four older statutes that had been layered on top of each other since 1963.

Why does it exist?

Because an owner's rights used to depend on the accident of when their building was recorded. A 1988 condo, a 1992 condo, and a 2005 townhome three blocks apart in Seattle each operated under a different statute with different reserve rules, different records rights, and different collection procedures. WUCIOA collapses all four into one. Three problems drove it: chronic reserve underfunding in an aging condo stock, board opacity, and abusive collection practices. Nearly every specific requirement traces back to one of those three.

Who does it apply to?

Today: every community created on or after July 1, 2018, plus ten specific sections that reach back and bind every older community β€” Harbor Lights West included. On January 1, 2028, it applies to everyone, full stop.

Where does that leave Harbor Lights West?

Your Declaration was recorded June 21, 1990 β€” ten days before the July 1, 1990 cutoff in RCW 64.34.010. That makes your base statute the Horizontal Property Regimes Act, ch. 64.32 RCW, not the Condominium Act. It matters less than it sounds: both are repealed on the same date, and the WUCIOA sections that already bind you are identical either way.

When does it hit?

Already partly. January 1, 2026 β€” eight months ago β€” five new sections began applying to older communities, including the meeting rules. January 1, 2028 is the full conversion.

How do you comply?

Two tracks, run in parallel. Track A is the eight things that already bind you β€” do these regardless. Track B is the optional early opt-in, which changes the date you convert but not the outcome.

Plain-English: how to be compliant

If you read nothing else, read this. Ten sentences.

  1. Get a reserve study with an actual site visit. You have had three in a row without one. The law requires one every third year.
  2. Put the reserve numbers in the budget. Specifically: how much you're contributing, whether your study is compliant, how far your budget deviates from what it recommends, and the deficiency per unit.
  3. Mail the budget within 30 days of adopting it, and hold the ratification meeting 14–50 days later. It passes automatically unless 15 units show up and vote no.
  4. Give owners 15 minutes to speak at the start of every board meeting, before you vote on anything. Not at the end. Not 4 minutes.
  5. Publish the year's meeting schedule so you don't owe 14 days' notice every single month.
  6. Keep board meetings open. Executive session is limited to five specific topics, and you may not take a final vote inside one.
  7. If you meet remotely, vote by roll call and offer a phone number. Video-only with a thumbs-up vote doesn't satisfy the statute.
  8. Make sure owners can pay assessments through at least one channel with no fee.
  9. Don't enforce House Rules that restrict EV chargers or heat pumps without checking them against the statute first β€” that area is now preempted.
  10. Before 2028, have a lawyer read the Declaration and Bylaws against the statute so you know which provisions die on January 1 and which ones you want to rewrite instead.

β›” The three findings that matter most

1 Β· No reserve study site visit in at least three cycles. The 2021, 2024, and 2026 studies are all explicitly "No-Site-Visit" updates. RCW 64.90.545 has required a professional site-inspection update at least every third year since July 1, 2018. This is the association's clearest documented non-compliance, and the only one that carries fee-shifting exposure.

2 Β· The 2026 study recommends a $766,200 special assessment for 2027. That is roughly $26,421 per unit. It covers exterior painting and elevator modernization β€” components #525, #960, #961. The board currently has the elevator project on hold. Those two facts need to be reconciled in front of the owners, and the budget disclosure rules in RCW 64.90.525(2) will force the conversation whether or not the board starts it.

3 Β· Owner comment is in the wrong place. The board meeting console puts Owner Forum at item 9, 4 minutes, at the end. The statute requires 15 minutes at the beginning, before any vote. This is the cheapest fix on the entire list and it has been out of compliance since January.

Where the reserve actually stands

Association Reserves report #7026-9, dated April 16, 2026, covering FY2027. Open the study β†’

$528,348
Starting balance
$1,729,501
Fully funded balance
30.5%
Percent funded
($41,419)
Deficit per unit
2027 funding scenarioMonthly transfervs. current
Most recent budgeted rate β€” what you do now$5,920β€”
Baseline β€” bare minimum to stay above $0$5,400βˆ’$520
70% "Threshold" funding$10,740+$4,820
100% "Full" funding β€” study recommendation$13,530+$7,610
Recommended 2027 special assessment (preliminary)$766,200β‰ˆ$26,421/unit

Annual deterioration of reserve components: $123,403. Interest 1.40%, inflation 3.00%. The study states plainly that "Baseline funding cannot be achieved without a special assessment within the 30-year scope of this Report." The special assessment figure is a placeholder pending vendor estimates.

On the study's own compliance language. Report #7026-9 states it is "a Update 'No-Site-Visit', meeting all requirements of the Revised Code of Washington (RCW)." That is accurate as to the annual update duty in RCW 64.90.545(1). It does not discharge the separate third-year site-inspection duty in the same subsection β€” that is a second clock, and it is the one that has run out.

Your legal stack, in order of precedence

LayerSourceEffect
1Ten WUCIOA sections listed in RCW 64.90.365(1)Binding now Overrides inconsistent governing documents and inconsistent ch. 64.32/64.34 provisions
2RCW 64.34.380–.392 β€” reserve accounts & withdrawalsApplied retroactively to pre-1990 condos by RCW 64.34.010(1) and .380(4). Still live until 2028.
3Other RCW 64.34 sections listed in 64.34.010(1)Records, liens, resales, voting, tort liability β€” reach back to pre-1990 condos.
4Ch. 64.32 RCW β€” Horizontal Property Regimes ActRepealed 1/1/2028 Your base statute. Imposes no reserve duty of its own.
5Declaration (1990, am. 1991 & 1998), Bylaws (am. 1998), House Rules (Aug 2026)Valid except where inconsistent with layers 1–4.

Because ch. 64.32 contains no reserve requirement at all, RCW 64.90.545 is the only reserve-study authority binding this association β€” which is why finding #1 above is not a technicality.

The four statutes being consolidated

ChapterEnactedCoversFate
64.32 Horizontal Property Regimes1963Condos created before 7/1/1990 β€” including this oneRepealed 1/1/2028
64.34 Washington Condominium Act1989Condos created after 7/1/1990Repealed 1/1/2028
64.38 Homeowners' Associations Act1995Non-condo HOAs, plats, PUDsRepealed 1/1/2028
58.19 Land Development Act1973Land development salesRepealed 1/1/2028
64.90 WUCIOA2018Everyone, from 1/1/2028Absorbs all four

Timeline & ownership

Every step carries an owner. Nothing on this page is assigned to "the association" β€” that is how items go unexecuted.

HOA Board 3Stripe Mgmt Legal Counsel Reserve Analyst Other / Vendor

Phased plan

Who owns what, in general

OwnerResponsible forWhy them
HOA BoardAdopting the budget and the agenda structure; voting to commission work; approving the opt-in question; the executive-session discipline; final decisionsThese are non-delegable statutory duties. RCW 64.90.405(1) says "An association must."
3Stripe MgmtDistributing notices and budgets on the statutory clock; maintaining the records; running the payment channels; the delinquency notice sequence; producing records on requestOperational execution against deadlines is what a management agreement is for. Most Track A failures are calendar failures.
Legal CounselBase-statute confirmation; the governing-document conformance memo; the .509 drafting gap; opt-in thresholds; drafting the amendmentDocument interpretation and the amendment instrument. Scoped tightly in "What to Do."
Reserve AnalystThe Level II site-visit study; the per-unit deficiency schedule formatted for the budgetRCW 64.90.545 requires a "reserve study professional." Association Reserves already holds your component list.
Other / VendorElevator bids; painting bids; King County recording; WSCAI membership and trainingDiscrete external transactions.

Track A β€” already binding

Ten sections reach back to pre-2018 communities under RCW 64.90.365(1). They override your governing documents and the old chapters alike. Five of them arrived on January 1, 2026.

"the following sections apply to a common interest community created before July 1, 2018, and any inconsistent provisions of chapter 58.19, 64.32, 64.34, or 64.38 RCW do not apply: (a) RCW 64.90.370; (b) RCW 64.90.405(1) (b) and (c); (c) RCW 64.90.445; (d) RCW 64.90.480(10); (e) RCW 64.90.502; (f) RCW 64.90.513; (g) RCW 64.90.525; (h) RCW 64.90.545; (i) RCW 64.90.580; and (j) RCW 64.90.010…"RCW 64.90.365(1) β€” mirrored from the HPRA side by RCW 64.32.260(2)

1 Β· Reserve study Top priority Reserve Analyst Board

RCW 64.90.545RCW 64.90.550RCW 64.90.560
"An updated reserve study must be prepared annually. An updated reserve study must be prepared at least every third year by a reserve study professional and based upon a visual site inspection conducted by the reserve study professional."RCW 64.90.545(1)
StudyReport #Level of serviceSite visit?
20217026-3Update "No-Site-Visit"No
20247026-6Update "No-Site-Visit"No
2026 (Apr 16)7026-9Update "No-Site-Visit"No

The annual-update duty is being met. The three-year site-visit duty is not, and has not been for at least five years. The obligation has bound Harbor Lights West since July 1, 2018, because RCW 64.90.545 was on the original pre-2018 list.

No exemption applies. Not non-residential; not "only nominal reserve costs" ($528K reserve, $1.73M fully funded balance); not middle housing; and a site-visit update does not cost 10% of the annual budget. Note also that the two-thirds opt-out in RCW 64.34.392(1) is available only to associations with ten or fewer units β€” at 29 units you cannot use it.

Funding is not mandatory. The study is.

"monetary damages or other liability may not be awarded against or imposed upon the association or its officers or board members … for failure to: Establish or replenish a reserve account, have a current reserve study prepared or updated …, or make reserve disclosures …"RCW 64.90.560

The only carve-out is attorney fees and costs under RCW 64.90.555(2), where a court may also order specific performance. Practically: being 30.5% funded is a governance and marketability problem, not a personal liability problem. Being out of compliance on the study is the thing that carries a fee-shifting lawsuit.

Owner trigger β†’ Once three years pass since the last professional study, owners holding 20% of votes (6 of 29 units) may demand in a record that the study cost be added to the next budget, and the board must include it. RCW 64.90.555(1)

2 Β· Budget adoption and ratification 3Stripe Board

RCW 64.90.525
"Within thirty days after adoption of any proposed budget …, the board must provide a copy of the budget to all the unit owners and set a date for a meeting … not less than fourteen nor more than fifty days after providing the budget. Unless at that meeting the unit owners of units to which a majority of the votes in the association … reject the budget, the budget and the assessments … are ratified, whether or not a quorum is present."RCW 64.90.525(1)(a)

A negative ratification β€” the budget passes by default. Rejection needs owners holding a majority of all votes, i.e. 15 of 29 units, to attend and vote no. That rarely happens, so the mechanism matters less for outcomes than for procedure.

Failure mode: "If the proposed budget is rejected or the required notice is not given, the periodic budget last ratified by the unit owners continues." Miss the window and you are legally collecting on last year's assessment levels. RCW 64.90.525(1)(b)

All six budget elements are mandatory

Β§Required elementHLW note
(a)Projected income by category
(b)Projected common expenses by category
(c)Assessment per unit and the date due
(d)Regular assessments budgeted for reserve contributionCurrently $5,920/mo
(e)Whether a compliant reserve study exists, and the extent to which the budget deviates from its recommendationsHard You are $7,610/mo below the study's full-funding rate
(f)Reserve deficiency or surplus per unitHard ($41,419) per unit

Items (e) and (f) are the teeth β€” the legislature deliberately making underfunding visible. Those two numbers must be printed in the budget every owner receives.

Special assessments follow the identical process. RCW 64.90.525(3) β€” which is how the study's recommended $766,200 would have to be adopted if the board pursues it.

3 Β· Meetings New 1/1/2026 Board 3Stripe

RCW 64.90.445
Meeting typeNoticeAuthority
Annual owner meeting14–50 days.445(1)(c)
Special owner meeting14–50 days.445(1)(c)
Board meetingβ‰₯14 days, with agenda.445(2)(f)
Emergency board meetingβ‰₯7 days + electronic delivery.445(2)(f)

Use the schedule exemption. Notice is required "unless the meeting is included in a schedule given to the unit owners." Your 3rd-Tuesday cadence is exactly what that contemplates β€” but only if the schedule is actually distributed. Publish the 2027 dates and the 14-day clock stops being a monthly exposure.

β›” The 15-minute owner comment rule

"The board must provide at least 15 minutes at the beginning of each meeting for unit owners to comment about agenda items before the board votes. The board may place reasonable time restrictions of not less than 90 seconds per owner per unit, except that the time per owner per unit may be reduced and allocated equally if more than 10 unit owners wish to comment."RCW 64.90.445(2)(e)

Current console: Owner Forum at item 9, 4 minutes, at the end. Non-compliant on placement and duration. Corrected agenda is on the Gap Analysis tab.

Executive session β€” five grounds, no final votes

Β§GroundHLW use
(i)Consult the association's attorney on legal mattersWUCIOA conversion counsel
(ii)Existing or potential litigation, mediation, arbitration, administrative proceedingsTK Elevator breach / exit
(iii)Labor or personnel mattersManagement or staff
(iv)Contracts and commercial transactions being negotiated, incl. bid review, where premature knowledge would disadvantage the associationWashington Elevator; modernization and painting bids
(v)Prevent public knowledge that would violate a person's privacyIndividual delinquent accounts

Remote meetings β€” four conditions, all mandatory

(a) notice states the process and how to join; (b) all participants can hear and comment; (c) board votes by roll call or other verbal vote; (d) a telephone option is offered. RCW 64.90.445(3) β€” (c) and (d) were added by 2025 c 119. Video-only with a show of hands fails both.

Also operative

  • Board packet to owners β€” pre-meeting materials must be reasonably available, minus unapproved minutes and executive-session items. .445(2)(g)
  • 20% of owners may compel a special meeting; no notice within 30 days and they may notice it themselves. .445(1)(b)
  • No proxy or absentee voting by board members. .445(2)(k)
  • Challenges for non-compliance must be brought within 90 days of minutes approval or distribution. .445(2)(l)
  • Minutes must record the decision on each matter voted upon. .445(4)
  • Social or incidental gatherings may not be used to evade the open-meeting rule. .445(2)(c) β€” email threads that reach a decision are the modern version.

4 Β· Duty to budget and assess Board

RCW 64.90.405(1)(b)–(c)
"(b) Adopt budgets as provided in RCW 64.90.525;
(c) Impose assessments for common expenses on the unit owners as provided in RCW 64.90.480(1) and 64.90.525;"

The lead-in reads "An association must." Not discretionary β€” a board cannot skip a year or hold assessments flat by inaction.

5 Β· Free payment method 3Stripe

RCW 64.90.480(10)
"An association must provide at least one method of accepting payment of assessments from unit owners at no charge or as a common expense."

Easy to miss, easy to violate. If every Buildium channel passes a convenience fee to the owner, you are out of compliance. Ask 3Stripe in writing.

6–8 Β· Emergency powers, EV charging, heat pumps Board Counsel

SectionSubjectRelevance
64.90.502Board powers during a declared emergencyDormant until invoked. Know it exists.
64.90.513Siting of EV charging stationsLive You have an EV Charging Feasibility study and a post-tensioned garage podium.
64.90.580Approval of heat pumpsLive You have an AC Feasibility Letter and an AC revision to House Rules.

2026 c 96 hardened this: governing documents "may not vary from the WUCIOA on the subject of financial responsibility for electric vehicle charging stations and heat pumps. Only the owner … bears that financial responsibility."

Action β†’ Audit AC revision to House Rules.pdf and HL Updated House Rules 260824.pdf against .513 and .580. Pre-2026 rules restricting or allocating cost for EV charging or heat pumps are the likeliest place your House Rules are already unenforceable.

Track B β€” the opt-in decision

Optional. Changes the date you convert, not the outcome.

OptionEffectWorth it?
.370(1)(a)Adopt the ten sections in 64.90.365(1)Redundant They already apply by force of law
.370(1)(b)"Provide that this chapter will apply … regardless of what applicable law provided before chapter 277, Laws of 2018 was adopted"The real opt-in

The threshold is far lower than your Declaration's Board Counsel

"Notwithstanding any provision in the governing documents … (a) The board shall propose such amendment … if the board deems it appropriate or if owners holding 20 percent or more of the votes … request such an amendment in writing; (b) … at least 30 days' advance notice of a meeting to discuss the proposed amendment; (c) Following such meeting, the board shall provide the owners with … a ballot; (d) The amendment shall be deemed approved if owners holding at least 30 percent of the votes … participate, and at least 67 percent of the votes cast by participating owners are in favor."RCW 64.90.370(3)
RequirementThresholdOf 29 units
Participation quorum30% of votes9 ballots returned
Approval67% of votes cast6 of 9 if exactly 9 participate

Compare your Declaration's own amendment threshold β€” 75% = 22 of 29 units for the matters it caps. The statutory path needs 6 yes votes. That gap is the legislature deliberately clearing a road.

Assumes one vote per unit. Confirm the Declaration's vote allocation before relying on the arithmetic β€” this is question Q4 for counsel.

Should you?

The substantive case is weak; the timing case is strong. You arrive at the same place on 1/1/2028 either way. Opting in early buys sequencing control.

For

  • You control the conversion. Conform all three documents as one deliberate project rather than letting .375(1) invalidate conflicts silently and discovering which ones mid-dispute.
  • The one-year challenge clock starts early. Record in 2027 and the amendment is unassailable before the statutory conversion.
  • Marketability. Units 60+ days past due is the metric Fannie/Freddie use β€” 3 of 29 = 10.3%, inside the 8–15% warning band. Clean documents are one of the few variables the board controls in lender review.
  • Same money, better calendar. Competitive quotes on your schedule instead of a Q4 2027 rush.

Against

  • Free to wait. Nothing bad happens on the merits before 1/1/2028.
  • A ballot campaign costs effort, and a failed vote is worse than no vote.
  • It accelerates the burden β€” records deadlines, the pre-foreclosure regime, insurance, resale certificates all land sooner.
  • An unresolved drafting gap. RCW 64.90.375(1)(a) preserves provisions "expressly permitted under RCW 64.90.509" β€” but .509 was repealed outright by 2025 c 119 s 33. The exception points at nothing. A 2027 legislative fix is plausible.

Recommendation for discussion β€” not a decision

Treat the opt-in as a 2027 agenda item contingent on Track A being clean first. The reserve study and the meeting mechanics are required regardless, cost little, and produce exactly the document review a competent opt-in needs. Revisit at the 2027 annual meeting once the legislative session has closed and you know whether the .509 gap got patched.

The 2028 conversion

"if a common interest community created before July 1, 2018, becomes subject to this chapter on January 1, 2028, or earlier, a provision of its governing documents inconsistent with this chapter is invalid…"RCW 64.90.375(1)

What survives

The condominium itself, the survey map, unit boundaries, allocated interests, and every action validly taken before conversion. No re-creation, no map amendment. RCW 64.90.375(2)–(3)

What breaks

Any governance provision inconsistent with WUCIOA. For a 1990 declaration the usual casualties are notice periods, quorum rules, executive-session practice, records limits, rule-adoption procedure, collection and late-fee provisions, and leasing restrictions.

Duties arriving January 1, 2028

Not binding today. Budget the work now β€” they land together.

SectionDutyKey numbersOwner
64.90.495Association recordsProduction on 10 days' notice, hard cap 21 days. 7-year retention. 12 mandatory redaction categories. One free annual owner-list copy.3Stripe
64.90.485Liens and collections6-month super lien plus up to $2,000 in fees after 60 days' lender notice. 6-year limitations. Nonjudicial foreclosure forfeits priority.3Stripe Counsel
64.90.485(21)Delinquency noticeNotice within 30 days; no collection action or fees for 15 days; late fee capped at $50 or 5%; admin fee $10.3Stripe
64.90.485(22)Foreclosure preconditionsGreater of 3 months' assessments or $2,000; two notices 60 days apart; 90 days' aging; mediation if referred; unit-specific board vote.Board Counsel
64.90.550Reserve study contents30-year projection; components >1% of budget; three funding scenarios; per-unit deficit; statutory warning paragraph.Analyst
64.90.535/.540Reserve custody & withdrawalsTwo-signature rule with invoices; investment limits at $250,000 / 50% / 75%; withdrawal repayment ≀24 months.Board 3Stripe
64.90.510Limits on rulesCannot ban US/WA flags or flagpoles, political and ballot signs, compliant solar, refuse containers in private garages or yards, or peaceful owner assembly.Board
64.90.470InsuranceStatutory minimum coverages and deductible allocation.3Stripe
64.90.640Resale certificatesBuyer may waive if not delivered within 10 days; may cancel or extend if delivered ≀5 days before closing.3Stripe
64.90.530AuditThreshold raised $50,000 β†’ $100,000 by 2026 c 96; waivable by owners.Board

Note the asymmetry today: RCW 64.90.365(1) pulls in .545 (the study) but not .535/.540 (accounts and withdrawals). Until 1/1/2028, RCW 64.34.384 remains your operative reserve-withdrawal rule β€” applied to this pre-1990 condominium by RCW 64.34.010(1) and RCW 64.34.380(4).

Delinquency deserves early attention 3Stripe

Three units 90+ days past due, none paying on #205 since October 2024. The 2028 rules impose a specific notice sequence with specific content and timing before any collection step. Building that with 3Stripe in 2027 rather than January 2028 is the difference between a process and a scramble.

UnitBalanceAgingMeets the .485(22) threshold?
#306$3,91390+ daysLikely exceeds $2,000
#404$2,84590+ daysLikely exceeds $2,000
#205$653No pmt since Oct 2024Turns on the 3-month test below $2,000

Thresholds count assessments only β€” excluding fines, late charges, interest, attorneys' fees, and collection costs.

Gap analysis

Nineteen items, each with an owner. Check them off as they resolve β€” progress is tracked in this browser.

0 of 19 resolved

The agenda restructure

The cheapest fix on the list. Ten items, still 60 minutes.

#ItemNowProposed
1Call to Order & Roll Call33
2⭐ Owner Comment Period β€” statutory, before any voteβ€”15
3Prior Minutes43
4Treasurer's Report129
5Delinquency86
6Reserves & Capital1511
7Maintenance86
8Old Business43
9New Business43
10Adjournment21
Total6060

15 minutes is a floor the board must provide, not time it must consume β€” if nobody speaks, move on and bank it. Roll call may precede it; the statute requires comment "at the beginning" and "before the board votes," and roll call is not a vote. With ≀10 speakers each gets β‰₯90 seconds; above 10, time is reduced and allocated equally.

Implementation: one edit to the agenda array and the per-item allocations in the board meeting console's generator. Owner: HOA Board to adopt, then the console rebuild.

What to do

Scope, budget, vendors, and the sequence to buy them in.

~$2,000
Reserve study (Level II)
~$9,700
Legal β€” Phase 1 likely
~$8,600
Legal β€” amendment, if pursued
~$20,300
All-in, likely case

Figures below separate verified/published from estimated. No Washington community-association firm publishes hourly rates; every rate shown for those firms is an estimate anchored on published Washington benchmarks.

Step 1 Β· Commission the Level II reserve study Board Association Reserves

Do this first. It is the only current, documentable, fee-shifting exposure, and it is cheap.

ScenarioEstimateNote
Update with site visit, booked Jan–May (off-season)$1,400 – $2,000Association Reserves discounts off-season
Likely caseβ‰ˆ$2,000Existing client; component list already built
Busy season / rush$2,300 – $3,000
If they insist on a new Full study$2,800 – $4,000Push back β€” you want an update, not a Full

Basis: Association Reserves' own published pricing guidance β€” a Full study costs "less than 1% of the Association's annual budget," and an Update With Site Visit runs 50–80% of a Full. Off-season (January–May) is cheaper. Source (PDF)

Do β†’ Request a written proposal for an Update With Site Visit against report #7026-9, booked January–February 2027. Confirm in writing it is a WSV update, not a new Full study. Proposals are free. Template 1 is the engagement letter.

Step 2 Β· Buy a narrowly scoped legal engagement Board Counsel

Four questions. Hand counsel the scope below verbatim β€” the statutory research is already done, and the single largest driver of HOA legal cost is paying a lawyer to redo work the board could have supplied.

Background. Harbor Lights West Condominiums, 29 units, two buildings, Seattle (King County). Declaration recorded 6/21/1990, King County No. 9006210697, amended 1991 and 1998. Bylaws amended 1998. House Rules revised August 2026. The board has completed a self-directed WUCIOA applicability analysis and gap assessment (attached). We are engaging counsel for the four questions below only.

Q1 β€” Base statute confirmation. Confirm that the association is governed by ch. 64.32 RCW rather than ch. 64.34 RCW, given a Declaration recorded 6/21/1990 and the "after July 1, 1990" cutoff in RCW 64.34.010(1). Identify which ch. 64.34 sections reach back under RCW 64.34.010(1), and confirm our reading that RCW 64.34.380–.392 (reserve accounts and withdrawals) apply here via RCW 64.34.010(1) and RCW 64.34.380(4).

Q2 β€” Governing document conformance memo. Review the recorded Declaration with the 1991 and 1998 amendments, the Bylaws as amended 1998, and the current House Rules against ch. 64.90 RCW. Identify: (a) provisions already superseded by RCW 64.90.365(1); (b) provisions that will be invalid under RCW 64.90.375(1) on January 1, 2028; (c) provisions we should affirmatively amend rather than allow to lapse. Prioritize by practical consequence. Deliver as an annotated conflict table with a one-page prioritization β€” a formal memo is not required.

Q3 β€” The RCW 64.90.375(1)(a) drafting gap. Hard cap: 3 hours. RCW 64.90.375(1)(a) preserves governing-document provisions "expressly permitted under RCW 64.90.509," but RCW 64.90.509 was repealed by 2025 c 119 s 33 with no delayed effective date and no reviser's redirect. Advise whether RCW 64.90.015 is the operative successor, and whether this changes the risk calculus of electing early under RCW 64.90.370(1)(b). If unresolved at 3 hours, say so and stop β€” "no authority, here are two defensible readings" is an acceptable deliverable.

Q4 β€” Opt-in procedure and thresholds. Confirm (a) that RCW 64.90.370(3) overrides the amendment threshold in our Declaration; (b) how votes are allocated under our Declaration for the 30% participation and 67% approval tests; (c) whether RCW 64.90.285(4) (90% consent for changes to allocated interests) is implicated by a pure RCW 64.90.370(1)(b) election β€” our reading is that it is not, since no allocated interests change, but we found no case law on point; (d) the form of recorded amendment and officer certification required by RCW 64.90.285(3) and (5). May be folded into Q2 as a section.

Fee structure requested: a fixed fee for Q1 + Q2 + Q4 bundled, and hourly with a not-to-exceed for Q3. Please identify the specific attorney and rate, the paralegal rate, and what work gets delegated. Please bill in 0.1-hour increments.

Legal budget Board

Assumes a community-association boutique staffing this with one senior attorney. Blended $375 low / $450 likely / $525 high.

TaskHours L/Likely/HLowLikelyHigh
Q0 Β· Intake, engagement letter, scoping call0.75 / 1.5 / 3$280$675$1,575
Q1 Β· Base statute confirmation0.5 / 1 / 2$190$450$1,050
Q2 Β· Conformance memo β€” the bulk8 / 14 / 22$3,000$6,300$11,550
Q3 Β· The .509 drafting gap (cap it)1 / 2.5 / 5$375$1,125$2,625
Q4 Β· Opt-in thresholds1.5 / 2.5 / 4$565$1,125$2,100
Phase 1 total11.75 / 21.5 / 36$4,400$9,700$18,900

Authorize $10,000 with a $12,500 not-to-exceed.

ItemLowLikelyHigh
Draft conforming declaration amendment (one revision round)$2,250$4,500$8,400
Ballot package β€” notice, ballot, owner explanation memo$1,125$2,250$4,200
Vote certification, execution, recording instructions$565$1,350$2,625
King County recording β€” verified $303.50 first page + $1/page$317$325$383
Mailing 29 ballot packages$75$140$200
Follow-on total$4,300$8,600$15,800

Recording fee verified at kingcounty.gov β€” "all other documents" $303.50 first page, $1 each additional, +$50 if non-standard format, +2.35% if paid by card. Combined likely case β‰ˆ $18,300 legal + ~$2,000 reserve study β‰ˆ $20,300. Authorize Phase 1 now and the amendment phase separately, after the Q2 memo lands.

Seattle-area firms to solicit Board

Send the scope to three. Ask each for a fixed fee on Q1+Q2+Q4 and hourly-with-cap on Q3.

FirmCityFocusEst. partner rateWhy them
Community Association Law GroupShorelineExclusive CA law; spun out of Barker Martin 2023 for general-counsel workFlat fee availableBest flat-fee candidate. Markets a flat-fee model; services page names "governing document reviews and audits," "conflicts with statutes," "line-item declaration amendments" β€” a near-verbatim match to Q2/Q4
Condominium Law Group, PLLCSeattle (N 105th St)Exclusive condo practice since 2001, ~8 attorneysest. $350–450Likely cheapest, and 1.5 miles away. Markets "cost-saving legal services"; small-association orientation
Pody & McDonald, PLLCSeattle (2nd Ave)Exclusive HOA/COA boutique, est. 2011est. $400–500Governance depth; lists "drafting and interpreting governing documents" as core
VF Law (absorbed Rafel Law Group 2024)Seattle + 4 statesExclusive CA; Tony Rafel is a CCAL Fellow and past WSCAI presidentest. $450–600Deepest WUCIOA authority in the state β€” and likely the priciest boutique
Barker Martin, P.S.SeattleEntire practice is CA law, 30+ yrsest. $400–525Strong firm, but center of gravity is construction defect and insurance recovery
Peryea Silver Taylor, P.S.SeattleHOA/CA focus since 1998 (formerly Leahy McLean Fjelstad)est. $375–475Reasonable fourth option
Ryan, Swanson & ClevelandSeattleDedicated CA group inside a 40+ lawyer full-service firmest. $450–650Overkill for a 29-unit document memo; skews to litigation

Highlighted rows are the recommended three. No Washington community-association firm publishes hourly rates β€” every rate above is an estimate. Checked and rejected: Inslee Best (no CA practice found), Foster Garvey (no distinct CA practice; large-firm rates inappropriate here).

Rate benchmarks β€” the published numbers behind the estimates

BenchmarkRateSource
WA lawyer, all practice areas (2025 actual)$346 avg
$196–$492
Published Clio Legal Trends, WA
WA lawyer, Real Estate practice$395Published Clio, same
WA non-lawyer / paralegal$187 avgPublished Clio, same
Seattle firm posted card (de Vrieze | Carney)$440 atty
$280 paralegal
Published westseattlelaw.com
Seattle solo real estate attorney (rate card 9/2025)$400Published seattlepropertylawyer.com
CA boutique partner, Seattle$375 / $450 / $575Estimate Clio RE benchmark + Seattle uplift
CA boutique associate, Seattle$260 / $325 / $400Estimate
Paralegal, CA boutique$150 / $195 / $260Estimate

WA lawyer rates rose 7.5% in 2025 ($322 β†’ $346). Add ~5–8% if budgeting a 2027 engagement. Seattle runs above the state average β€” the two verifiable Seattle cards sit 16–27% above it, which is the adjustment applied.

Cost-saving moves that actually work here Board

  1. Run a three-firm RFP with the scope attached. You already have the scope drafted, which is unusual β€” it lets firms quote a fixed price instead of an open hourly engagement. This is the highest-leverage move on the page.
  2. Ask CALG for a flat quote first. They are the only firm in this market publicly marketing a flat-fee model, and their published service list matches Q2/Q4 almost verbatim. They do not post amounts; you have to ask.
  3. Build the first-pass conflict table yourselves. Give counsel a marked-up document to verify and prioritize rather than a stack to read cold. Realistic saving on Q2: 3–5 hours, $1,350–$2,250.
  4. Deliver clean, OCR'd, page-numbered PDFs with the 1991 and 1998 amendments already collated against the base declaration. Saves 2–4 hours.
  5. Hard-cap Q3 at 3 hours. A dangling cross-reference to a repealed section is a legislative drafting error. "No authority, two defensible readings" is worth $1,000. It is not worth $5,000.
  6. Skip the formal memo. Ask for an annotated conflict table plus a one-page prioritization. Drafting polish is billable and you don't need it.
  7. Decline retainer offers. You want a defined-deliverable engagement, not an ongoing relationship.
  8. Join WSCAI. See below β€” it is close to free and directly on point.

WSCAI β€” free resources you are not using Board WSCAI

Community Associations Institute, Washington State Chapter β€” wscai.org/wucioa. Shoreline, 425.778.6378.

  • A dedicated "WUCIOA For All" resource hub β€” curated education and tools for boards, free to members.
  • Board member webinars specifically on the 1/1/2026 meeting changes and collection-practice changes. A free webinar pass is available to non-members by emailing info@wscai.org.
  • Members get dozens of free templates, a members-only resource library, and a WUCIOA Resource Guide.
  • Its Business Partner Directory lists community-association attorneys, including three of the firms above.

Do β†’ Email info@wscai.org for a free webinar pass and homeowner membership pricing. Dues are not posted; almost certainly $150–$400/yr, and it pays for itself if it saves one hour of attorney time.

Two things to ask 3Stripe in writing 3Stripe

  1. Is there a fee-free assessment payment channel? RCW 64.90.480(10) requires one. If every Buildium channel passes a convenience fee to the owner, it needs fixing.
  2. Which community-association firms have you worked with, and do any offer portfolio pricing? No published counsel relationship was found, and a firm their size likely has none β€” but the downside of asking is zero. Do not assume a discount exists.

Templates

Drafted to the current statutory text. [BRACKETED] fields to fill. These are drafts for counsel to review, not to write β€” that is where the savings are.

Sources

Statutory text verified against app.leg.wa.gov/RCW on August 7–8, 2026.

CiteTitleNote
64.90.360Common interest communitiesFormerly .075. The 1/1/2028 gate.
64.90.365Common interest communities β€” ExceptionsFormerly .080. The ten-section list. Amended 2025 c 119 s 11, eff. 1/1/2026.
64.90.370Election of preexisting communitiesFormerly .095. The opt-in and the (3) override.
64.90.375Governing documents β€” InconsistencyThe 2028 invalidation rule. Contains the broken .509 reference.
64.32.260(2)HPRA β€” mirror provisionRecites the same WUCIOA section list from the 64.32 side.
64.34.010(1)WCA applicability"after July 1, 1990" cutoff; enumerates sections reaching back to pre-1990 condos, including 64.34.380–.392.
64.34.380(4)Reserve sections extended to ch. 64.32 condosIndependent basis for the reserve regime applying here.
64.90.285Amendment of declaration67% baseline; recording; 1-year challenge window.
64.90.405(1)(b)–(c)Powers and duties β€” budget and assessment
64.90.445Meetings β€” amended 2019, 2021, 2024, 2025 c 119 s 16
64.90.480(10)Assessments β€” free payment method
64.90.502Emergency
64.90.513Electric vehicle charging stations
64.90.525Budgets β€” Assessments β€” Special assessments β€” amended 2025 c 119 s 22
64.90.545Reserve study β€” amended 2026 c 96 s 5
64.90.580Heat pumps
ActBillEffect
2018 c 277SB 6175Enacted WUCIOA, eff. 7/1/2018
2024 c 321ESSB 5796Recodified .075/.080/.095 β†’ .360/.365/.370. Repealed ch. 64.32, 64.34, 64.38, 58.19 eff. 1/1/2028.
2025 c 119ESSB 5129Amended 30 sections. Added .445, .480(10), .502, .513, .580 to the pre-2018 list eff. 1/1/2026. Repealed 64.90.509.
2025 c 393β€”Amended .485 and .495 (collections, records)
2026 c 96SHB 2354Eff. 6/11/2026. Audit threshold $50K β†’ $100K. EV/heat-pump cost responsibility not variable.
  • 2026 Reserve Study β€” Association Reserves #7026-9, April 16, 2026, Update "No-Site-Visit," FY2027
  • 2024 Reserve Study β€” #7026-6, Update "No-Site-Visit," FY2024
  • 2021 Reserve Study β€” #7026-3, Update "No-Site-Visit," FY2021
  • Declaration rec. 6/21/1990, King County No. 9006210697, amended 1991 and 1998; Bylaws as amended 1998; House Rules rev. Aug 2026

Research limitations β€” read before relying on this

  1. No independent cross-check on statute text. Justia and Casetext both blocked automated access. Quotes are single-source from leg.wa.gov β€” authoritative, but unverified against a second publisher.
  2. RCW 64.90.375(1)(a) cross-references a repealed section. Unresolved. This is Q3 for counsel.
  3. .370(3) vs .285(4) interaction is inference, not text. No case law or AG opinion located. Q4 for counsel.
  4. The 1991 and 1998 amendments were not read. They cannot have elected into ch. 64.34 (no such mechanism exists) or ch. 64.90 (requires a post-2018 amendment), but they should be checked for stricter reserve requirements, which both RCW 64.34.380(4) and RCW 64.90.545(3) expressly honor.
  5. Vote allocation is assumed one-per-unit. All ballot arithmetic depends on this. Confirm against the Declaration.
  6. No WA community-association firm publishes hourly rates. Every firm rate shown is an estimate anchored on published Washington benchmarks. All hour and dollar estimates are scoping judgments, not quotes.
  7. Full amendatory text of all 30 sections in 2025 c 119 was not read, nor the enrolled text of 2026 c 96. Final Bill Reports β€” staff summaries, expressly not statements of legislative intent β€” were relied on outside the quoted sections.

This is not legal advice. It is a board-prepared compliance workup built to narrow what the association pays an attorney to do. Chapter 64.90 RCW has been amended in 2019, 2021, 2023, 2024, 2025 (twice), and 2026. Re-verify before relying on any citation.

Harbor Lights West Condominium Association Β· 4421 & 4425 Greenwood Ave N, Seattle WA 98103
Reference tool for board use. Not legal advice β€” items marked ⚠️ or β›” should go to association counsel.
Built from ch. 64.90 RCW as amended through 2026 c 96, ch. 64.32 / 64.34 RCW, Declaration rec. 6/21/1990 No. 9006210697, and Association Reserves report #7026-9 (4/16/2026). Verified 8/8/2026.