Washington Condo Laws: Who Repairs What

Governing law

State law sets the defaults. Your declaration (sometimes called the master deed or CC&Rs) usually fills in the details, and it often moves specific items between the owner and the association. Read both together.

Who maintains what

Both acts use the same default. Except as the declaration provides, the association maintains, repairs, and replaces the common elements, including limited common elements, and each owner maintains, repairs, and replaces their own unit (RCW 64.90.440(1); RCW 64.34.328(1)). Note that limited common elements such as balconies stay with the association by default unless the declaration shifts them. Owners must give the association reasonable access through their unit for this work, and whoever causes damage while access is taken pays to fix it.

For a component-by-component breakdown, see who pays for what and limited common elements.

Unit boundaries

Unless the declaration says otherwise, when walls, floors, or ceilings are unit boundaries, the lath, furring, wallboard, plaster, paneling, tiles, wallpaper, paint, finished flooring, and other finished surface materials belong to the unit. Everything else in those walls, floors, and ceilings is common element (RCW 64.90.210; RCW 64.34.204). Pipes, ducts, and wires serving only one unit are limited common elements of that unit. Balconies, decks, patios, exterior doors, and windows serving one unit but outside its boundaries are also limited common elements.

Boundaries decide most repair disputes, from plumbing leaks to windows. Our unit boundaries guide explains how to read them.

Key provisions

• WUCIOA applies to all common interest communities starting January 1, 2028, and the Condominium Act (RCW 64.34) is repealed that day (2024 c 321).
• Association maintains common and limited common elements; owners maintain their units, unless the declaration says otherwise (RCW 64.90.440).
• Under WUCIOA, the board may designate high-risk components and require owners to maintain them, with the association able to step in at the owner's cost after notice and a hearing (RCW 64.90.440(2)).
• Reserve studies must be updated every year, with a professional site inspection at least every third year (RCW 64.90.545).
• Damaged insured property must be promptly repaired by the association, with costs beyond insurance shared as a common expense (RCW 64.90.470).
• Resale certificates cost the owner no more than $275 and the association must provide one within 10 days of a request (RCW 64.90.640).

Reserve studies

Thin reserves often turn into special assessments. See reserve study red flags for what to look for.

What is different in Washington

Insurance and deductibles

Under RCW 64.90.470, the association must insure the common elements. In buildings where units are divided by horizontal or vertical boundaries, the policy must also cover the units and, unless the declaration says otherwise, owner improvements and betterments. Coverage must be at least 80 percent of actual cash value, excluding land, foundations, and other items normally excluded. The association must also carry general liability insurance. Policies may have reasonable deductibles, and the declaration usually decides how they are split. Damaged property must generally be repaired promptly, and costs beyond insurance are a common expense.

Related: HOA insurance deductibles and master policy vs HO-6.

Buying or selling a Washington condo

The selling owner must give the buyer a resale certificate, which the association prepares within 10 days of the owner's request (RCW 64.90.640). It covers assessments and delinquencies, reserve study status, financial statements, insurance, litigation and judgments, violation notices, governing documents, and 12 months of minutes. The fee is capped at $275. If the buyer gets the certificate five business days or less before signing, the buyer can cancel by notice within five business days after receiving it, before closing. Older condos under RCW 64.34.425 have a similar certificate with a five day cancellation window until the act is repealed.

Frequently Asked Questions

Does WUCIOA apply to my older Washington condo?

If your condo was created before July 1, 2018, it is likely governed mainly by the Condominium Act (RCW 64.34) for now, with some WUCIOA rules already applying. On January 1, 2028, WUCIOA applies to all communities and RCW 64.34 is repealed. Associations can also opt in earlier.

Who repairs my balcony or windows in a Washington condo?

By default, balconies, exterior doors, and windows serving only your unit are limited common elements, and the association maintains, repairs, and replaces limited common elements. Your declaration can shift this to owners, and many do. Check the declaration before assuming either way.

Do I own the drywall in my Washington condo?

By default, yes. Wallboard, plaster, paint, tiles, wallpaper, finished flooring, and other finished surface materials are part of the unit, while the rest of the walls, floors, and ceilings is common element. The declaration can set different boundaries.

How long do I have to cancel after getting a resale certificate?

Under WUCIOA, if you received the certificate five business days or less before signing the contract, you can cancel by giving the seller notice within five business days after first receiving it, as long as the sale has not closed. If you received it more than five business days before signing, there is no statutory cancellation right.

How often must a Washington condo update its reserve study?

Every year, with a full update based on a reserve study professional's visual site inspection at least every third year. Small associations with nominal reserve costs, or where the study would cost over 10 percent of the annual budget, can be exempt.