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Important legal disclaimer.
HOA Ballot is not a law firm and does not provide legal advice. Nothing
on this page, and nothing HOA Ballot says, does, or generates, is legal
advice or may be relied on as legally valid or sufficient. Your
association and its legal counsel are solely responsible for verifying
the approval threshold, legal compliance, amendment language, filing
requirements, and legal sufficiency of the vote. Please independently
verify all information and consult a licensed attorney. Statute
references on this page are shown for transparency about what we review;
they are not legal advice — confirm every requirement with your
association's attorney.
What we look for before quoting
A practical review, not legal advice
Planned communities (HOA Act / WUCIOA)
Most established Washington HOAs (declarations recorded before July 1, 2018) are governed by the Homeowners' Associations Act (RCW ch. 64.38), which generally leaves the CC&R amendment threshold to your recorded declaration rather than setting a single statewide number. Newer communities fall under the Washington Uniform Common Interest Ownership Act (RCW ch. 64.90), which generally sets a 67% default for declaration amendments (RCW 64.90.285) unless the declaration specifies a different figure up to 90%. Because recent "WUCIOA for All" legislation is phasing many of these rules in for every association, we confirm which act and threshold apply to you before quoting.
Condominiums (Condominium Act / WUCIOA)
Condominiums created between July 1, 1990 and mid-2018 generally follow the Washington Condominium Act (RCW ch. 64.34), under which a declaration amendment generally needs owners holding at least 67% of the votes, or a higher figure the declaration sets (RCW 64.34.264). Condos created later generally follow WUCIOA with a similar 67% baseline (RCW 64.90.285). Either way, certain changes — unit boundaries, allocated interests, or permitted uses — generally require about 90% approval plus the consent of each owner specifically affected, and the amendment is generally effective only once recorded in every county where the project sits.
How the vote can run
Washington generally allows associations to vote in person, by proxy, and by absentee or electronic ballot, with WUCIOA expressly addressing both tangible and electronic ballots (RCW 64.90.455). A key Washington wrinkle: votes to amend the governing documents and to elect directors generally must be conducted by secret ballot, and incumbents or candidates generally may not handle those ballots before they are opened and counted (RCW 64.90.455). We match the method, notice, and secrecy safeguards to the act that applies to your community.
Before we quote
Washington details that shape your vote
These are the things we check so your quote and timeline are realistic —
not legal advice, just the questions a careful Washington vote has to answer.
Which act controls — HOA Act (RCW 64.38), Condominium Act (RCW 64.34), or WUCIOA (RCW 64.90) — based on your community's age and any opt-in
The "WUCIOA for All" transition: many governance and voting rules now reach all Washington associations, with full applicability phasing in toward 2028
Your recorded declaration's stated amendment threshold, since the HOA Act generally defers to it while the Condominium Act and WUCIOA set a 67% baseline
Whether your change triggers about 90% approval plus affected-owner consent (boundaries, allocated interests, permitted uses, or declarant rights)
Whether the vote must be by secret ballot (amendments and board elections under RCW 64.90.455) and how ballot secrecy is protected
Whether owners have consented to electronic voting or must instead receive a tangible (paper) ballot
Recording the amendment in every county where the community is located, since it is generally effective only upon recording
Mortgagee / lender consent, including WUCIOA's 60-day deemed-consent timing for security-interest holders (RCW 64.90.285)
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