Wash. Rev. Code » Title 64 · Chapter 64.38
Revised Code of Washington

Wash. Rev. Code § 64.38.020 (2026)

✓ current as of May 2026
Find cases: SyfertCases citing this section WA-LEGapp.leg.wa.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
Unless otherwise provided in the governing documents, an association may:
(1) Adopt and amend bylaws, rules, and regulations;
(2) Adopt and amend budgets for revenues, expenditures, and reserves, and impose and collect assessments for common expenses from owners;
(3) Hire and discharge or contract with managing agents and other employees, agents, and independent contractors;
(4) Institute, defend, or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more owners on matters affecting the homeowners' association, but not on behalf of owners involved in disputes that are not the responsibility of the association;
(5) Make contracts and incur liabilities;
(6) Regulate the use, maintenance, repair, replacement, and modification of common areas;
(7) Cause additional improvements to be made as a part of the common areas;
(8) Acquire, hold, encumber, and convey in its own name any right, title, or interest to real or personal property;
(9) Grant easements, leases, licenses, and concessions through or over the common areas and petition for or consent to the vacation of streets and alleys;
(10) Impose and collect any payments, fees, or charges for the use, rental, or operation of the common areas;
(11) Impose and collect charges for late payments of assessments and, after notice and an opportunity to be heard by the board of directors or by the representative designated by the board of directors and in accordance with the procedures as provided in the bylaws or rules and regulations adopted by the board of directors, levy reasonable fines in accordance with a previously established schedule adopted by the board of directors and furnished to the owners for violation of the bylaws, rules, and regulations of the association;
(12) Exercise any other powers conferred by the bylaws;
(13) Exercise all other powers that may be exercised in this state by the same type of corporation as the association; and
(14) Exercise any other powers necessary and proper for the governance and operation of the association.
[ 1995 c 283 s 4.]

Notes:

Speed enforcement: RCW 46.61.419.
Notes of Decisions
Cited in 23 cases (6 in the last 5 years), 2013–2025 · leading case: Bangerter v. Hat Island Cmty. Ass'n, 504 P.3d 813 (Wash. 2022).
Sort: Relevance Newest Treatment
Bangerter v. Hat Island Cmty. Ass'n, 504 P.3d 813 (Wash. 2022). “RCW 64.38.020 (2), (10), .010(11). Thus, if HICA’s assessment decision exceeds 12 Surowiecki v.”
James & Laura Walsh, V Ronald Halme, 370 P.3d 42 (Wash. Ct. App. 2016). “38 RCW became effective in 1995, and (2) the homeowners’ association had the association powers listed in RCW 64.38.020, including the ability to adopt and amend bylaws, regulate the use of common areas, and levy reasonable fines pursuant to the bylaws or rules and regulations…”
Casey v. Sudden Valley Cmty. Ass'n, 329 P.3d 919 (Wash. Ct. App. 2014). · cites it 5× “, RCW 64.38.020. ¶16 Plaintiffs also argue that because the proposed budgets included the proposed revenues from dues and assessment increases, RCW 64.”
Darlene Jevne v. The Pass, LLC, 416 P.3d 1257 (Wash. Ct. App. 2018). · cites it 2× “) Also to be considered is RCW 64.38.020, the statute granting authority for homeowner’s associations to act.”
Eagle Springs Prop. Owners Ass'n v. Jeremy C. Meyer, et ux (Wash. Ct. App. 2025). · cites it 14× “RCW 64.38.020 states: Unless otherwise provided in the governing documents, [a homeowner’s] association may: (11) Impose and collect charges for late payments of assessments and, after notice and an opportunity to be heard by the board of directors or by the representative…”
Saunders v. Meyers, 306 P.3d 978 (Wash. Ct. App. 2013). “Similarly, RCW 64.38.020(4) and RCW 64.38.050 authorize a homeowners association to initiate litigation and collect attorney fees as the prevailing party.”
Castilian Hills Homeowners v. Kevin & Chandra Chaffins, Appellant's (Wash. Ct. App. 2018). · cites it 10× “020, which provides, in relevant part: Unless otherwise provided in the governing documents, an association may: *** (10) Impose and collect any payments, fees, or charges, for the use, rental, or operation of the common areas; (11) Impose and collect charges for late payments…”
Kyle J. Branchick, V Melrose Station Homeowners Assoc. (Wash. Ct. App. 2023). · cites it 5× “020 is a section of the homeowners’ association statute that describes fourteen default powers of the association unless otherwise set forth in the “governing documents.”
Sudden Valley Cmty. Ass'n, App v. Curt Casey, Dave Scott, Barbara Volkov, Resps (Wash. Ct. App. 2014). · cites it 6× “We decline to read into this plainly written clause a meaning the legislature never intended.”
William G. Pardee, Apps v. Evergreen Shores Beach Club, Resps (Wash. Ct. App. 2020). · cites it 3× “levy reasonable fines in accordance with a previously established schedule adopted by the board of directors and furnished to the owners for violation of the bylaws, rules, and regulations of the association.”
Carol Tilley v. Edelweiss Maint. Comm'n (Wash. Ct. App. 2024). · cites it 2× “Carol Tilley emphasizes the word “shall” and argues that the provision precluded discontinuation of her water.”
Fifteen Twenty-One Second Avenue Condo. Ass'n v. Viracon LLC (W.D. Wash. 2024). · cites it 2× “RCW 64.38.020(4). Plaintiff also 3 alleges it is the successor in interest to the building project developer and assignee of the rights 4 belonging to the project’s developer/declarant, general contractor, and glazing subcontractor, and 5 is also bringing this lawsuit on its own…”
Show all 23 citing cases →
— Wash. Rev. Code § 64.38.020(1) — 4 cases
Casey v. Sudden Valley Cmty. Ass'n, 329 P.3d 919 (Wash. Ct. App. 2014). “, RCW 64.38.020. ¶16 Plaintiffs also argue that because the proposed budgets included the proposed revenues from dues and assessment increases, RCW 64.”
Shangri-la Cmty. Club, Inc. v. Melvin Struck (Wash. Ct. App. 2018).
William G. Pardee, Apps v. Evergreen Shores Beach Club, Resps (Wash. Ct. App. 2020). “levy reasonable fines in accordance with a previously established schedule adopted by the board of directors and furnished to the owners for violation of the bylaws, rules, and regulations of the association.”
Sudden Valley Cmty. Ass'n, App v. Curt Casey, Dave Scott, Barbara Volkov, Resps (Wash. Ct. App. 2014). “We decline to read into this plainly written clause a meaning the legislature never intended.”
— Wash. Rev. Code § 64.38.020(10) — 1 case
Castilian Hills Homeowners v. Kevin & Chandra Chaffins, Appellant's (Wash. Ct. App. 2018). “020, which provides, in relevant part: Unless otherwise provided in the governing documents, an association may: *** (10) Impose and collect any payments, fees, or charges, for the use, rental, or operation of the common areas; (11) Impose and collect charges for late payments…”
— Wash. Rev. Code § 64.38.020(11) — 5 cases
Eagle Springs Prop. Owners Ass'n v. Jeremy C. Meyer, et ux (Wash. Ct. App. 2025). “RCW 64.38.020 states: Unless otherwise provided in the governing documents, [a homeowner’s] association may: (11) Impose and collect charges for late payments of assessments and, after notice and an opportunity to be heard by the board of directors or by the representative…”
Casey v. Sudden Valley Cmty. Ass'n, 329 P.3d 919 (Wash. Ct. App. 2014). “, RCW 64.38.020. ¶16 Plaintiffs also argue that because the proposed budgets included the proposed revenues from dues and assessment increases, RCW 64.”
Castilian Hills Homeowners v. Kevin & Chandra Chaffins, Appellant's (Wash. Ct. App. 2018). “020, which provides, in relevant part: Unless otherwise provided in the governing documents, an association may: *** (10) Impose and collect any payments, fees, or charges, for the use, rental, or operation of the common areas; (11) Impose and collect charges for late payments…”
Summit Homeowners Ass'n, Resp v. Glenn R. Oakes & Cindy R. Oakes, App (Wash. Ct. App. 2017).
Sudden Valley Cmty. Ass'n, App v. Curt Casey, Dave Scott, Barbara Volkov, Resps (Wash. Ct. App. 2014). “We decline to read into this plainly written clause a meaning the legislature never intended.”
— Wash. Rev. Code § 64.38.020(14) — 1 case
Carol Tilley v. Edelweiss Maint. Comm'n (Wash. Ct. App. 2024). “Carol Tilley emphasizes the word “shall” and argues that the provision precluded discontinuation of her water.”
— Wash. Rev. Code § 64.38.020(2) — 3 cases
Casey v. Sudden Valley Cmty. Ass'n, 329 P.3d 919 (Wash. Ct. App. 2014). “, RCW 64.38.020. ¶16 Plaintiffs also argue that because the proposed budgets included the proposed revenues from dues and assessment increases, RCW 64.”
Cynthia Hebert & James D. Hebert v. Spring Creek Easement Owners Ass'n (Wash. Ct. App. 2021).
Sudden Valley Cmty. Ass'n, App v. Curt Casey, Dave Scott, Barbara Volkov, Resps (Wash. Ct. App. 2014). “We decline to read into this plainly written clause a meaning the legislature never intended.”
— Wash. Rev. Code § 64.38.020(4) — 6 cases
Darlene Jevne v. The Pass, LLC, 416 P.3d 1257 (Wash. Ct. App. 2018). “) Also to be considered is RCW 64.38.020, the statute granting authority for homeowner’s associations to act.”
Saunders v. Meyers, 306 P.3d 978 (Wash. Ct. App. 2013). “Similarly, RCW 64.38.020(4) and RCW 64.38.050 authorize a homeowners association to initiate litigation and collect attorney fees as the prevailing party.”
Fifteen Twenty-One Second Avenue Condo. Ass'n v. Viracon LLC (W.D. Wash. 2024). “RCW 64.38.020(4). Plaintiff also 3 alleges it is the successor in interest to the building project developer and assignee of the rights 4 belonging to the project’s developer/declarant, general contractor, and glazing subcontractor, and 5 is also bringing this lawsuit on its own…”
John J. Hadaller v. Mayfield Cove Estates Homeowners Assoc. (Wash. Ct. App. 2017).
Vernon Meyers & Virginia Meyers v. Reginald Saunders & Elizabeth Saunders (Wash. Ct. App. 2013).
— Wash. Rev. Code § 64.38.020(6) — 1 case
Carol Tilley v. Edelweiss Maint. Comm'n (Wash. Ct. App. 2024). “Carol Tilley emphasizes the word “shall” and argues that the provision precluded discontinuation of her water.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.