In short
RCW 64.34.380 asks older condominiums with significant assets to keep a reserve study, update it every year and have a reserve study professional inspect the site at least every three years, unless that would impose an unreasonable hardship. It is repealed on January 1, 2028, when RCW 64.90 takes over.
Which law is yours
Three questions settle it. When was the condominium created? If on or after July 1, 2018, it is a WUCIOA community and RCW 64.90 applies. If earlier, has the association amended its declaration to elect WUCIOA? If so, RCW 64.90 again. If neither, the Condominium Act, chapter 64.34 RCW, still governs, with a short list of WUCIOA sections layered on top for events after July 1, 2018 (RCW 64.90.365). RCW 64.90.545, the WUCIOA reserve study section, is on that list.
Where the two overlap, RCW 64.34.380 itself says its study requirements give way where RCW 64.90.545 provides otherwise. That is a question for the association’s attorney, with your own declaration in hand.
The RCW 64.34 rule
RCW 64.34.380, effective until January 1, 2028, works like this:
- An association is encouraged, but not required, to keep a reserve account for major maintenance, repair and replacement expected within 30 years.
- An association with significant assets must prepare and update a reserve study, unless doing so would impose an unreasonable hardship.
- The initial study rests on a visual site inspection by a reserve study professional.
- The study is updated annually, again subject to the hardship exception.
- Once in every three years, at a minimum, a reserve study professional must look at the property for the update.
RCW 64.34.382 lists the contents, close to the WUCIOA list: components with quantities, lives and costs, the reserve balance, percent funded, assumptions, contribution rates for full and baseline funding, a 30-year projection and the same “This reserve study should be reviewed carefully” warning. It uses the same Level I, II and III labels.
How it differs from WUCIOA
| RCW 64.34 (to 2027) | RCW 64.90 | |
|---|---|---|
| Escape clause | Unreasonable hardship | Four listed exemptions, including the 10 percent of budget test |
| Who it reaches | Associations with significant assets | Every association not exempt |
| Annual update | Yes | Yes |
| Professional site visit | At least every three years | At least every third year |
| Per-unit deficit or surplus | Not in the contents list | Required |
| Independence of the professional | Whether one helped | Whether one helped, and whether independent |
The hardship standard is looser than WUCIOA’s fixed exemptions, and gives a board more room to argue that a professional visit can wait. That room closes in 2028.
Older HOAs, RCW 64.38
Homeowners associations created before July 1, 2018 have their own act, chapter 64.38 RCW, with reserve sections at RCW 64.38.065 and 64.38.070. The Legislature’s disposition table shows both repealed by chapter 321, Laws of 2024, effective January 1, 2028 (chapter 64.38 dispositions). An older HOA facing a study decision now should have its attorney confirm which provisions apply to it today.
January 1, 2028
The Legislature’s tables show RCW 64.34.380 to 64.34.392, the Condominium Act’s reserve sections, repealed by chapter 321, Laws of 2024, section 502, effective January 1, 2028 (chapter 64.34 dispositions). RCW 64.90.360 limits WUCIOA to newer and opted-in communities only until that date.
In practice, an older condominium should expect to be held to the WUCIOA cycle from 2028: a study every year, a professional site visit at least every third year, and the RCW 64.90.550 contents, including the per-unit deficit or surplus. Its resale certificates will follow RCW 64.90.640.
What a board can do now
- Find the date of the last study prepared by a professional from a site visit. If it is more than three years old, the 2028 cycle will start with a site visit anyway.
- Ask the next firm to prepare the study to RCW 64.90.550 now, so the format will not change in 2028.
- Budget for the per-unit deficit or surplus figure, which some owners will see for the first time.
- Ask the association’s attorney whether to amend the governing documents before 2028.