Can an HOA Restrict Rentals in Washington?

What Washington law says

Washington regulates community associations through a layered set of statutes: the Washington Uniform Common Interest Ownership Act (WUCIOA), RCW 64.90, for communities created on or after July 1, 2018; the Homeowners' Association Act (RCW 64.38) for older HOAs; and the Condominium Act (RCW 64.34) and Horizontal Property Regimes Act (RCW 64.32) for condos. On January 1, 2028, WUCIOA applies to nearly all common interest communities, effectively repealing the older schemes. None of these statutes contains a rental-restriction provision comparable to Utah's § 57-8a-209 — Washington law neither authorizes nor limits HOA rental bans in the abstract.

Authority therefore comes from the recorded declaration. Washington courts enforce covenants as written, so a rental ban, percentage cap, or minimum lease term in the CC&Rs is generally upheld — Mill Creek Town Center's 5-of-51 leasing cap and Klahanie's 30-day minimum are declaration-level rules of exactly this type. What Washington law does not support is a board inventing substantive leasing restrictions by rule where the declaration is silent; resale-disclosure law (e.g., RCW 64.34.410(h) for condos) reinforces the point by requiring that rental restrictions be disclosed to buyers as part of the recorded instruments.

One targeted limit does exist: RCW 64.38.170 (2024) prohibits HOAs from adopting or enforcing restrictions that regulate or limit the number of unrelated persons who may occupy a lot — except for occupancy limits on short-term rentals (defined in RCW 64.37.010) and generally applicable health, safety, and building-code limits. That section expires January 1, 2028, when WUCIOA's uniform framework takes over.

• RCW 64.90 (WUCIOA) — Washington Uniform Common Interest Ownership Act — governs post-July 2018 communities and applies to nearly all communities effective January 1, 2028.
• RCW 64.38 — Homeowners' Association Act — governs legacy HOAs until the 2028 WUCIOA transition.
• RCW 64.38.170 — Bars HOAs from regulating the number of unrelated occupants of a lot, except short-term-rental occupancy limits and health/safety codes; expires January 1, 2028.
• RCW 64.34.410(h) — Condo public offering statements must describe any restrictions on renting or leasing units — reinforcing that rental limits belong in the recorded instruments.

What HOAs in Washington can and can’t do

HOAs generally can:

• Ban or cap rentals through the recorded declaration (percentage caps and minimum terms are routine in Washington CC&Rs)
• Prohibit short-term/transient rentals and subletting at the declaration level
• Require written leases, lease copies filed with the association, and rental registration forms
• Charge rental transfer or tenant processing fees authorized by the governing documents

Limits under Washington law:

• Create a substantive rental ban by board rule alone where the declaration grants no leasing authority
• Regulate or limit the number of unrelated persons occupying a lot, except STR occupancy limits and health/safety codes (RCW 64.38.170)
• Enforce rental restrictions that discriminate on the basis of a protected class under chapter 49.60 RCW

Things to know in Washington

• The 2028 transition matters: on January 1, 2028, WUCIOA (RCW 64.90) applies to almost every Washington HOA and condo, repealing RCW 64.38, 64.32, and 64.34 — boards should confirm their rental provisions survive the transition rather than assuming grandfathering.
• RCW 64.38.170's unrelated-occupant rule is time-limited: enacted in 2024, it expires January 1, 2028, so its long-term fate depends on how WUCIOA's framework is applied after the transition.
• Disclosure is the enforcement backstop: because rental restrictions must appear in the resale certificate and offering materials, a 'restriction' that was never recorded or disclosed is the easiest kind for an owner to defeat.
• Washington has no statutory rental-fee cap like Virginia's $50 rule — transfer and processing fees are governed by the documents' reasonableness, not a state ceiling.

Rental rules we’re seeing in Washington

Real examples from the HOA411 database:

• Mill Creek Town Center, Mill Creek — The recorded rules allow leasing with no more than 5 of 51 units leased at once without board approval, a 3-month minimum term, no transient/hotel use, no subleasing, and written leases filed with the board.
• Birch Bay Village, Blaine — General Rules §9.1 permit renting for residential purposes for periods of 30 days or more (no short-term rentals); a lease copy must be filed with the office plus a board-set rental transfer fee, and subleasing is prohibited.
• Klahanie, Sammamish — CC&Rs §6.3 prohibit leases shorter than 30 days and require whole-lot/unit leasing only, with a Rental Registration Form filed with the association; MLS listings note there is no rental cap.
• Redmond Ridge, Redmond — The Community Wide Standards prohibit short-term rentals of any residential lot for less than 90 days; long-term condo and townhome rentals with 6- to 18-month terms are observed.

Frequently asked questions

Can a Washington HOA ban rentals entirely?

Yes, if the ban is in the recorded declaration. Washington has no statute prohibiting HOA rental bans, so a properly adopted CC&R restriction is generally enforceable. A ban announced by the board alone, without declaration authority, is legally vulnerable — always check the recorded documents, not just the rules sheet.

What is WUCIOA and when does it apply to my HOA?

The Washington Uniform Common Interest Ownership Act (RCW 64.90) is the state's comprehensive community-association statute. It already governs communities created since July 2018, and on January 1, 2028 it applies to nearly all HOAs and condos, replacing the older HOA Act and condo statutes.

Can my Washington HOA limit how many unrelated people live in my rental?

No — with narrow exceptions. RCW 64.38.170 bars HOAs from regulating the number of unrelated occupants of a lot, except for occupancy limits on short-term rentals and generally applicable health, safety, and building-code limits. The section expires January 1, 2028.

Can my Washington HOA charge a rental transfer fee?

Yes, if the governing documents authorize it. Washington has no statewide cap on rental-related fees like Virginia's $50 rule — Birch Bay Village's board-set rental transfer fee is typical. The fee must be grounded in the documents and reasonable.

Do rental restrictions have to be disclosed when I buy?

Yes. Condominium offering statements must describe any renting or leasing restrictions (RCW 64.34.410(h)), and resale certificates must reflect the governing documents. A restriction that never appears in the recorded or disclosed documents is difficult for an association to enforce against a buyer.

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General information only, not legal advice. HOA rules change — confirm directly with the HOA or a Washington attorney before buying or leasing.