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JeffB21 (Washington)
Posts: 22
Posted:
Say it ain't so!

Effective 1/1/2026 a new law takes effect in WA state that affects HOAs.

During the 2025 legislative session, the Washington State Legislature enacted SB 5686,
which introduces new requirements for how homeowner associations must communicate
with owners (members) regarding late payments. This law takes effect on January 1, 2026, and
mandates that a specific, strongly worded form letter be sent to any homeowner whose
assessment payment is late.

For those members who've opted to receive communications electronically, this new law
overrides that preference. We must mail the notice to your physical property
address, any other mailing addresses, and all email addresses on file.

I've read the bill and it references amendments to WRC 64.38 and to 64.90. Because our formation
date was in 1996, until 1/1/1/2028 we're still "under" WRC 64.38.

We're a very small HOA with fewer than 55 members with annual member dues of less than $550. For us, this bill is
a solution looking for a problem and will cost us time and money. Every year we have a few delinquents that are resolved quickly and without
calling out the National Guard!

I'm hoping that our HOA size continues to matter like it does in various instances in 64.38. However, I didn't find any exemptions
in the bill.

BTW: Our CC&Rs do "talk to" liens so this law appears to apply to us.

I'm hoping that this is put on hold like the BOI requirement was for HOAs.

Anyone know if there are exemptions for small HOAs or if there's a "push" to shelve this law as happened with the BOI requirement?

Thanks
SheliaH (Indiana)
Posts: 6,964
Posted:
If you don't have a huge problem with delinquencies anyway, I don't see what you're worried about. Sending a paper and electronic notice does seem like overkill, but it could work to the association's advantage if the homeowner didn't keep that information updated with the association.

I must say I like the home counselor idea that can help homeowners negotiate payment plans. Providing that information to the homeowners every year may prompt them to seek help before a nastygram has to be mailed, sending everyone time and money.

Finally, Google can be your friend - have you heard of the community association institute (CAI?) This is an organization of HOAs and the businesses that work with them, and some chapters are active in keeping track of what the state legislature is up to. It appears there is a Washington state chapter - https://www.wscai.org/ try contact I ng and see I f they've heard anything

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
DeanJ
Posts: 1,786
Posted:
It’s seldom I support state interference with HOA affairs, but this law seems very reasonable and prudent to protect owners and the HOA.

If you have very few late occurrences as you state. This law is going to cost the HOA less than $20 a year.

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