Revised Code of Washington
Wash. Rev. Code § 64.34.304 (2025)
Unit owners' association—Powers
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(1) Except as provided in subsection (2) of this section, and subject to the provisions of the declaration, the association may:
(a) Adopt and amend bylaws, rules, and regulations;
(b) Adopt and amend budgets for revenues, expenditures, and reserves, and impose and collect assessments for common expenses from unit owners;
(c) Hire and discharge or contract with managing agents and other employees, agents, and independent contractors;
(d) Institute, defend, or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more unit owners on matters affecting the condominium;
(e) Make contracts and incur liabilities;
(f) Regulate the use, maintenance, repair, replacement, and modification of common elements;
(g) Cause additional improvements to be made as a part of the common elements;
(h) Acquire, hold, encumber, and convey in its own name any right, title, or interest to real or personal property, but common elements may be conveyed or subjected to a security interest only pursuant to RCW 64.34.348;
(i) Grant easements, leases, licenses, and concessions through or over the common elements and petition for or consent to the vacation of streets and alleys;
(j) Impose and collect any payments, fees, or charges for the use, rental, or operation of the common elements, other than limited common elements described in RCW 64.34.204 (2) and (4), and for services provided to unit owners;
(k) Impose and collect charges for late payment of assessments pursuant to RCW 64.34.364(13) and, after notice and an opportunity to be heard by the board of directors or by such representative designated by the board of directors and in accordance with such procedures as provided in the declaration or bylaws or rules and regulations adopted by the board of directors, levy reasonable fines in accordance with a previously established schedule thereof adopted by the board of directors and furnished to the owners for violations of the declaration, bylaws, and rules and regulations of the association;
(l) Impose and collect reasonable charges for the preparation and recording of amendments to the declaration, resale certificates required by RCW 64.34.425, and statements of unpaid assessments;
(m) Provide for the indemnification of its officers and board of directors and maintain directors' and officers' liability insurance;
(n) Assign its right to future income, including the right to receive common expense assessments, but only to the extent the declaration provides;
(o) Join in a petition for the establishment of a parking and business improvement area, participate in the ratepayers' board or other advisory body set up by the legislative authority for operation of a parking and business improvement area, and pay special assessments levied by the legislative authority on a parking and business improvement area encompassing the condominium property for activities and projects which benefit the condominium directly or indirectly;
(p) Establish and administer a reserve account as described in RCW 64.34.380;
(q) Prepare a reserve study as described in RCW 64.34.380;
(r) Exercise any other powers conferred by the declaration or bylaws;
(s) Exercise all other powers that may be exercised in this state by the same type of corporation as the association; and
(t) Exercise any other powers necessary and proper for the governance and operation of the association.
(2) The declaration may not impose limitations on the power of the association to deal with the declarant which are more restrictive than the limitations imposed on the power of the association to deal with other persons.
Notes:
Effective date—1990 c 166: See note following RCW 64.34.020.
Notes of Decisions
Cited in 20
cases (2 in the last 5 years), 2004–2024 · leading case: Satomi Owners Ass'n v. Satomi, LLC, 225 P.3d 213 (Wash. 2009).
Satomi Owners Ass'n v. Satomi, LLC, 225 P.3d 213 (Wash. 2009). “In its complaint, Blakeley Association invokes its authority pursuant to RCW 64.34.304(l)(d) and asserts that it brings this action “on behalf of itself and all unit owners with respect to matters affecting the condominium’s common and limited common elements.”
Alexander v. Sanford, 325 P.3d 341 (Wash. Ct. App. 2014). “RCW 64.34.304(l)(d). However, absent allegations of damage to the association itself, the homeowners’ association lacks independent standing to sue for physical damage to a unit owner’s property.”
Bellevue Pac. Ctr. Condo. Owners Ass'n v. Bellevue Pac. Tower Condo. Ass'n, 100 P.3d 832 (Wash. Ct. App. 2004). “276(1) describes a master association as: (1) If the declaration provides that any of the powers described in RCW 64.34.304 [powers of a homeowners’ association] are to be exercised by or may be delegated to a profit or nonprofit corporation which exercises those or other powers…”
Satomi Owners Ass'n v. Satomi, LLC, 139 Wash. App. 175 (Wash. Ct. App. 2007). “RCW 64.34.304(l)(d). 18 William B. Stoebuck & John W.”
Satomi Owners Ass'n v. SATOMI, LLC, 159 P.3d 460 (Wash. Ct. App. 2007). “[5] RCW 64.34.304(1)(d). [6] 18 WILLIAM B. STOEBUCK & JOHN W.”
Shamim Mohandessi v. Urban Venture, LLC, Res/cross-apps., 459 P.3d 407 (Wash. Ct. App. 2020). “” The plaintiffs’ argument fails because RCW 64.34.304 provides unit owners’ associations with the power to “institute, defend, or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more unit owners on matters affecting the…”
Casey v. Sudden Valley Cmty. Ass'n, 329 P.3d 919 (Wash. Ct. App. 2014). “3, in 2 Senate Journal at 2052 (same; discussing RCW 64.34.304 (“Powers of Unit Owners’ Association”)).”
North Oakes Manor v. 2nd Half LLC, Res/cross-app, No. 51616-1 (Wash. Ct. App. Nov. 5, 2019). “” The declaration, in turn, provides that “[t]he Unit Owners covenant and agree that the administration of the Association shall be in accordance with the provisions of the Association Management Documents, which consist of this Declaration, the Articles of Incorporation, the…”
Greenbrooke Ii Condo. Assoc v. Brandi Jean Dalseg, No. 79892-8 (Wash. Ct. App. June 22, 2020). “5(a) (“The appellate court may refuse to review any claim of error which was not raised in the trial court.”
Madera West Condo Ass'n v. Madera West, No. 68127-3 (Wash. Ct. App. July 1, 2013). “304(1 )(d) of the Washington Condominium Act, a unit owners' association may "[institute, defend, or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more unit owners on matters affecting the condominium.”
Bellevue Pac. Ctr. Ltd. P'ship v. Bellevue Pac. Tower Condo. Owners Ass'n, 287 P.3d 639 (Wash. Ct. App. 2012). “[ 10 ] ¶18 We start with the observation that RCW 64.34.304 enumerates certain powers of a condominium owners’ association.”
Akram Hosseinzadeh v. Bellevue Park Homeowners Ass'n, No. 74138-1 (Wash. Ct. App. Mar. 18, 2019). “74138-1-1/8 complicated exception to the" usual rules for recording encumbrances, the Washington Condominium Act also gives an association a lien against the property of owners with unpaid, past due assessments of any kind.”
Wash. Rev. Code § 64.34.304(1): 3 cases
Denise Brackett Woodley v. Style Corp., 453 P.3d 739 (Wash. Ct. App. 2019).
Akram Hosseinzadeh v. Bellevue Park Homeowners Ass'n, No. 74138-1 (Wash. Ct. App. Mar. 18, 2019). “74138-1-1/8 complicated exception to the" usual rules for recording encumbrances, the Washington Condominium Act also gives an association a lien against the property of owners with unpaid, past due assessments of any kind.”
Lost Lake Resort Condo Assn, V. Lost Lake Resort, No. 54365-6 (Wash. Ct. App. July 7, 2021).
Wash. Rev. Code § 64.34.304(1)(a): 1 case
North Oakes Manor v. 2nd Half LLC, Res/cross-app, No. 51616-1 (Wash. Ct. App. Nov. 5, 2019). “” The declaration, in turn, provides that “[t]he Unit Owners covenant and agree that the administration of the Association shall be in accordance with the provisions of the Association Management Documents, which consist of this Declaration, the Articles of Incorporation, the…”
Wash. Rev. Code § 64.34.304(1)(b): 1 case
Akram Hosseinzadeh v. Bellevue Park Homeowners Ass'n, No. 74138-1 (Wash. Ct. App. Mar. 18, 2019). “74138-1-1/8 complicated exception to the" usual rules for recording encumbrances, the Washington Condominium Act also gives an association a lien against the property of owners with unpaid, past due assessments of any kind.”
Wash. Rev. Code § 64.34.304(1)(d): 7 cases
Satomi Owners Ass'n v. SATOMI, LLC, 159 P.3d 460 (Wash. Ct. App. 2007). “[5] RCW 64.34.304(1)(d). [6] 18 WILLIAM B. STOEBUCK & JOHN W.”
Shamim Mohandessi v. Urban Venture, LLC, Res/cross-apps., 459 P.3d 407 (Wash. Ct. App. 2020). “” The plaintiffs’ argument fails because RCW 64.34.304 provides unit owners’ associations with the power to “institute, defend, or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more unit owners on matters affecting the…”
North Oakes Manor v. 2nd Half LLC, Res/cross-app, No. 51616-1 (Wash. Ct. App. Nov. 5, 2019). “” The declaration, in turn, provides that “[t]he Unit Owners covenant and agree that the administration of the Association shall be in accordance with the provisions of the Association Management Documents, which consist of this Declaration, the Articles of Incorporation, the…”
Shamim Mohandessi v. Urban Venture, LLC, Res/cross-apps., 468 P.3d 622 (Wash. Ct. App. 2020).
Shamim Mohandessi v. Urban Venture, LLC, Res/cross-apps., 468 P.3d 622 (Wash. Ct. App. 2020).
Wash. Rev. Code § 64.34.304(1)(h): 1 case
Mdk Gen. Constr., LLC, V. Aspen Grove Owners Ass'n, No. 85704-5 (Wash. Ct. App. Nov. 25, 2024).
Wash. Rev. Code § 64.34.304(k): 1 case
Greenbrooke Ii Condo. Assoc v. Brandi Jean Dalseg, No. 79892-8 (Wash. Ct. App. June 22, 2020). “5(a) (“The appellate court may refuse to review any claim of error which was not raised in the trial court.”
Wash. Rev. Code § 64.34.304(l)(d): 3 cases
Satomi Owners Ass'n v. Satomi, LLC, 225 P.3d 213 (Wash. 2009). “In its complaint, Blakeley Association invokes its authority pursuant to RCW 64.34.304(l)(d) and asserts that it brings this action “on behalf of itself and all unit owners with respect to matters affecting the condominium’s common and limited common elements.”
Alexander v. Sanford, 325 P.3d 341 (Wash. Ct. App. 2014). “RCW 64.34.304(l)(d). However, absent allegations of damage to the association itself, the homeowners’ association lacks independent standing to sue for physical damage to a unit owner’s property.”
Satomi Owners Ass'n v. Satomi, LLC, 139 Wash. App. 175 (Wash. Ct. App. 2007). “RCW 64.34.304(l)(d). 18 William B. Stoebuck & John W.”
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