Washington HOA Meeting Minutes: Navigating Two State Statutes

If you serve on an HOA board in Washington State, your meeting minutes obligations depend on when your community was created and which statute applies. Older associations fall under RCW 64.38 (the Homeowners' Associations Act), while communities created after July 1, 2018, are governed by the Washington Uniform Common Interest Ownership Act (WUCIOA, RCW 64.90). Some older associations have also opted into WUCIOA.

Both statutes establish requirements for how HOA meetings are conducted, documented, and made accessible to homeowners. Understanding these rules isn't just good governance — it's a legal obligation that protects your board and your community.

Note: This is an educational overview. For legal advice specific to your community, consult a Washington HOA attorney.

Two Statutes, One Board: Understanding the Overlap

Before diving into specifics, it's worth understanding the landscape. Washington's HOA legal framework is split between two primary statutes:

• RCW 64.38 — The Homeowners' Associations Act. Applies to most HOAs created before July 1, 2018. This is the older, shorter statute with fewer prescriptive requirements.
• RCW 64.90 — WUCIOA. Applies to common interest communities created on or after July 1, 2018, and older communities that elect to adopt it. This is the more comprehensive, modern statute modeled after the Uniform Law Commission's template.

If you're not sure which statute governs your community, check your declaration or consult your association's attorney. The distinction matters because WUCIOA imposes more detailed requirements across the board, including for meeting documentation. HOA Meeting Minutes Requirements by State

Open Meeting Requirements

Both Washington statutes protect homeowners' right to attend meetings, but they approach it differently.

Under RCW 64.38.035, all regular and special board meetings must be open to members of the association or their agents. The board cannot conduct business in secret. Members have the right to attend and observe board proceedings.

Under WUCIOA (RCW 64.90.445), the requirements are similar but more explicitly stated. Meetings of the board of directors must be open to unit owners, and the association must provide reasonable accommodations for owner attendance.

What this means for your minutes: you're documenting a proceeding that homeowners have the legal right to attend. Your minutes are the official record of what happened — and for any owner who wasn't present, they're the only record. That raises the bar for accuracy and completeness.

Notice Requirements

Washington's notice requirements are specific and vary by meeting type.

Under WUCIOA, notice requirements for board meetings follow a similar framework, with the statute reinforcing that owners must have adequate opportunity to attend.

Your minutes should document that proper notice was given. Include a line such as: "Notice of this meeting was provided to all homeowners on [date] via [method], in accordance with RCW 64.38.035." This small detail becomes critically important if any board action is later challenged.

Executive Session Rules

Washington permits boards to meet in executive (closed) session, but only for specific purposes and with proper documentation.

The critical rule: No board action may be taken during executive session. Votes must happen in open session. The board can discuss sensitive topics behind closed doors, but any resulting motion or decision must be brought back to the open meeting for a vote on the record.

Your minutes should document that an executive session occurred, the general topic category (e.g., "consultation with legal counsel"), the time the session began and ended, and that no action was taken during the closed session. You do not document the substance of the discussion. The Legal Weight of HOA Meeting Minutes

Member Participation Rights

Washington law gives homeowners more than just the right to attend — they have the right to participate.

Under RCW 64.38.035, at each open meeting of the board, the board must provide a reasonable opportunity for members to comment on matters affecting the association. This isn't limited to annual meetings. Every regular board meeting must include time for member input.

WUCIOA reinforces this principle and extends it further, requiring that associations provide meaningful opportunities for owner participation in governance.

Your minutes should document that a homeowner comment period was offered, summarize the topics raised, and note any commitments the board made in response. You don't need verbatim transcription, but the record should show that the opportunity was provided and what was discussed at a high level. Annual Meeting Minutes Are Different

Record Access and Homeowner Rights

Washington homeowners have a statutory right to inspect and copy association records, including meeting minutes.

Under RCW 64.38.045, the association must make its records — including minutes of all meetings — available for examination and copying by any owner or the owner's authorized agent. The association must provide access within a reasonable time after a written request.

Under WUCIOA (RCW 64.90.495), the record access provisions are even more detailed. The association must provide records within 10 business days of a written request, and may charge only a reasonable cost for copying.

What Washington HOA Minutes Must Include

While neither statute provides a line-by-line template for meeting minutes, the legal requirements and best practices make it clear what your minutes should contain:

Motions should be written clearly enough to "stand alone" — meaning someone reading just the motion text should understand what was decided without needing to review supporting materials. This is especially important in Washington, where any homeowner can request your minutes at any time. Robert's Rules for HOA Boards

Record Retention

Washington law doesn't specify a single mandatory retention period for all association records, but WUCIOA (RCW 64.90.495) provides guidance by category. Financial records must be kept for at least seven years. Meeting minutes, as core governance documents, should be retained permanently.

Under RCW 64.38, there's no explicit retention period, but the statutory right of homeowners to access records implies an expectation of long-term preservation. Best practice: keep your meeting minutes forever. They're the legal record of every decision your board has made, and you never know when a historical question will arise — about a variance granted, a contract approved, or a rule adopted.

Practical Implications for Washington Boards

Washington's dual-statute framework creates a unique challenge. If your board isn't sure which statute applies, you're likely not sure which specific requirements to follow. The safest approach: follow WUCIOA standards even if your community is governed by RCW 64.38. The newer statute's requirements are more detailed but not contradictory — meeting them means you're compliant under either framework.

The open meeting and member participation requirements are particularly important. Washington boards can't treat meetings as private affairs. Every regular meeting must be open, must include a homeowner comment period, and must be documented in minutes that any owner can request.

At FirstMotion, we work with Washington HOA boards to produce minutes that meet these statutory requirements. Open meeting documentation, homeowner comment periods, executive session notations, motion formatting, vote recording — it's all built into our parliamentary format. $59 per meeting, 24-48 hour turnaround, and your board stays compliant without anyone spending hours on documentation. Outsourcing Meeting Minutes

Have questions about your Washington board's minutes requirements? I'd be happy to help.