Washington calls it a 'fine,' and the rule is the same whether your community formed last year or twenty years ago: the board can only levy one after notice, an opportunity to be heard, and a schedule of fines it adopted and gave you in advance. Under the Washington Uniform Common Interest Ownership Act, RCW 64.90.405 lets the association enforce the governing documents and, 'after notice and opportunity to be heard, impose and collect reasonable fines... in accordance with a previously established schedule of fines adopted by the board of directors and furnished to the owners.' If your community formed before July 1, 2018 and is still governed by the legacy Homeowners' Associations Act, RCW 64.38.020 uses almost the same words. Either way, a fine for a rule the board never wrote down and never gave you isn't a fine you owe.
Washington's newer act even spells out what a fine becomes once it's on the books: RCW 64.90.010 defines an 'assessment' to include not just your regular dues but any fines or fees the association imposes, plus interest, late charges, and its costs of collection. That matters because a stack of unpaid fines can eventually feed into the same collection machinery as unpaid dues, so don't treat a small violation fine as harmless just because it isn't a lien yet.
The board can't be arbitrary about who it fines, and it can fine your tenant
RCW 64.90.405 gives the board real discretion: it can decide not to pursue a violation if the association's legal position is weak, the rule is likely inconsistent with law, the violation isn't material enough to justify the expense, or enforcement isn't in the association's best interest. But the statute draws a hard line right after that discretion: the board's choice not to enforce in one case doesn't prevent it from enforcing in another, 'but the board may not be arbitrary or capricious in taking enforcement action.' That sentence is your strongest tool if you're cited for something the board lets everyone else slide on (see the selective-enforcement guide). If you rent out your unit, know the board can also fine your tenant directly for a violation, but only after giving the tenant and you notice and at least 10 days to cure it first.
The authority
The statutes behind this
Cited by name as authority, for your own reading. Informational only, not legal advice.
RCW 64.90.405
Requires notice, a hearing, and a previously adopted, published fine schedule before a WUCIOA association can fine an owner, and bars arbitrary or capricious enforcement.
RCW 64.38.020
The legacy Homeowners' Associations Act's parallel fine power: notice, a hearing, and a previously established, owner-furnished fine schedule.
RCW 64.90.480
Lets an association assess a unit directly for damage from an owner's own misconduct or negligence, but only after notice and a hearing, and capped to the actual cost.
Step by step
How to challenge an HOA fine in Washington
Steps to dispute a Washington HOA or condo fine using the notice-and-hearing rules in RCW 64.90.405 or the legacy RCW 64.38.020.
- 01
Confirm which act governs your community
Check whether your community was created before or after July 1, 2018, and whether it's a condo, HOA, or cooperative. That tells you whether RCW 64.90.405 (WUCIOA) or RCW 64.38.020 (legacy HOA) applies, though the notice-and-hearing standard is nearly identical either way.
- 02
Ask where the fine schedule was adopted
Request, in writing, the board minutes or record showing when the fine schedule was adopted and how it was furnished to owners. A fine issued under a schedule that was never properly adopted or distributed is vulnerable.
- 03
Demand your hearing
Send written notice that you dispute the fine and are exercising your right to a hearing before the board or its designated representative. Keep proof you sent it.
- 04
Separate a rule fine from a damage assessment
If the board is charging you for property damage rather than a rule violation, confirm it followed the separate notice-and-hearing process in RCW 64.90.480, and that the amount doesn't exceed the association's actual cost, minus any insurance proceeds.
- 05
Pull the enforcement file and compare treatment
Request the association's enforcement decision materials for the rule at issue (see the records guide). If neighbors with the same violation weren't fined, raise RCW 64.90.405's ban on arbitrary or capricious enforcement at your hearing.
Straight answers
Common questions
Can a Washington HOA fine me without a hearing?
No. Under RCW 64.90.405, and the nearly identical RCW 64.38.020 for legacy HOAs, the association can only impose a fine after notice, an opportunity for a hearing, and a fine schedule it adopted and gave owners in advance.
Is there a dollar cap on HOA fines in Washington?
Not a fixed cap on ordinary violation fines. RCW 64.90.405 instead requires the fine to be 'reasonable' and tied to a published schedule. A specific dollar cap does apply to a different charge: the late-payment administrative fee and late charge on delinquent assessments, capped at $10 and the lesser of $50 or 5 percent, under RCW 64.90.485.
Can the board fine my tenant instead of me?
Yes. RCW 64.90.405 lets the association go directly against a tenant who violates the governing documents, but only after giving the tenant and you notice and at least 10 days to cure the violation.
What if the fine is really for damage, not a rule violation?
Different process. RCW 64.90.480 lets the association assess a unit directly for damage caused by the owner's or a tenant's misconduct or negligence, but only if the declaration allows it, and only after notice and a hearing, capped to the association's actual cost.