The Washington Uniform Common Interest Ownership Act (WUCIOA), RCW 64.90, is set to have a significant impact on community associations across Washington State. While its universal application begins January 1, 2028, proactive associations are already preparing for this significant shift. To assist our clients in this undertaking, we are proud to introduce our dedicated WUCIOA Drafting Department, led by experienced drafting attorney Lauren Olson.
Lauren helps guide community associations through the intricate process of updating their governing documents to ensure full compliance with RCW 64.90. Her expertise lies in crafting customized replacement governing documents that adhere to the new WUCIOA requirements, facilitating a seamless transition for your association. From initial consultation to final document execution, Lauren works closely with boards, providing skilled guidance and efficient service every step of the way.
We are also proud to announced that Lauren’s assistance will be supplemented with the input of veteran amendment-drafting attorney Terry Leahy, our firm founder. Terry, who is providing limited consulting work at this point in his career, will be provided consulting services as needed. Terry has decades of drafting experience, and has worked with many of our clients in the past.
Understanding Your Association’s WUCIOA Readiness: Measuring the Gap
The first step in our comprehensive approach is to thoroughly review your existing governing documents. This “measuring the gap” process allows us to assess the current state of your governing documents and identify the necessary adjustments for WUCIOA compliance. Following this initial review, we will provide a detailed analysis of suggested next steps, including a quote for the recommended services.
WUCIOA Options: A Comprehensive Overview
Community associations have several options when it comes to WUCIOA compliance. Here’s a breakdown:
- Early Opt-In:
- Opting-in Process: Requires a Declaration amendment with specific voting thresholds (30% owner participation, 67% of votes in favor).
- The “Invisible Ink” Problem: Even with early opt-in, WUCIOA provisions apply “by operation of law,” but your governing documents may not reflect them.
- Solutions:
- Reconciling Amendment: Adds WUCIOA provisions while removing conflicting ones.
- Board Resolution and Policy: Explains WUCIOA’s application but lacks formal enforceability and doesn’t solve the “invisible ink” issue.
- Amended and Restated Declaration and Bylaws: Fully compliant with WUCIOA, replacing existing documents.
- Solutions:
- Delaying Opt-In Until 2028:
- If your association chooses not to opt in early, WUCIOA will automatically apply on January 1, 2028, necessitating addressing the “invisible ink” problem.
- Solutions available at that time:
- Reconciling Amendment: Adds WUCIOA provisions while removing conflicting ones.
- Board Resolution and Policy: Explains WUCIOA’s application but lacks formal enforceability and doesn’t solve the “invisible ink” issue.
- Amended and Restated Declaration and Bylaws: Fully compliant with WUCIOA, replacing existing documents.
- Solutions available at that time:
- Targeted Amendments (Prior to 2028, without opting in):
- Address pressing issues in your current Declaration, such as updating insurance deductible shifting language.
- This option is not generally recommended unless there are pressing issues that need to be addressed before 2028.
Partnering with Lauren Olson and Our WUCIOA Drafting Department
Lauren’s dedication to providing personalized service and her deep understanding of WUCIOA make her an invaluable asset to community associations facing this transition. We are committed to providing clear, concise guidance and efficient, cost-effective solutions.
Contact us today to schedule your initial consultation and ensure your association is well-prepared for the implementation of WUCIOA.
