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WUCIOA – Washington Uniform Common Interest Ownership Act

    * Petition signings at the Maberry Gazebo, 549 E Maberry Dr. *
    Aug. 4th at 6 – 7:30 pm.
    Homestead homeowners propose an amendment to the Homestead Master Declaration by voting to adopt the WUCIOA (WA Uniform Common Interest Ownership Act) without delay.
    Why WUCIOA?
     
    – Standardizes budgeting practices
    – Offers full transparency of Association financial records
    – Shifts power to owners and away from “Developer Declarant”

    NOTE: As of Jan. 1, 2028, WUCIOA is mandatory for all large WA common interest communities (like Homestead).

    Cast Your Vote
     
    Please plan to attend a future in-person (moderated) owners meeting and vote to adopt, or not, the WUCIOA by amending our current declaration. Steve Horvath, the founder of The SMAART Group and responsible for influencing WUCIOA legislation, will give an overview and take homeowner questions. Homeowners are encouraged to email the Moderator their questions in advance. After the discussion, the Moderator (TBD) will manage the vote.
     
    For the vote to pass, we need:
    – A quorum of 192 or 30% of parcel owners (one vote per parcel)
    – 67% votes need to be ‘yes’ to amend the current declaration
     
    What Happens Next?
    1. Record amendment with Whatcom County stating Homestead community is a WUCIOA Association.
    2. Formally inform the Declarant their control has been terminated. (RCW 64.90.415)
    3. The declarant must transfer all property (I.e. Original documents, financial records and balances, common open space) to Association.  (RCW 64.90.420)
    4. 30 days after the recording of the amendment, another in-person ‘transition meeting’ will be held to elect a board of officers. (RCW 64.90.415)
    Possible Board Action Items:
    • Meeting with Lynden City Council to negotiate divesting property (streetlights, land, etc…) to their ownership and control.
    • Release the many Condominium owners from having to pay both declarant imposed maintenance fees and fees to their own HOAs. I.e. Maberry Point, Kulshan Green West, The Chateaux at Garden Green.
    Comments/Questions? Click Here

     To learn more about WUCIOA reference WA State RCW Title 64 and The SMAARTE Group.

    WUCIOA stands for the Washington Uniform Common Interest Ownership Act, codified under RCW 64.90. It is Washington State’s unified legal framework governing condominiums, homeowners’ associations (HOAs), and other common interest communities. Effective Jan. 1, 2028, WUCIOA compliance is mandatory ‘for all’ Washington State Condos, HOAs and Common Interest Communities. (Source: The Impacts of Standardizing the Law Applicable to Community Associations.)
     

    “In 2018 the Washington Legislature passed the WUCIOA to standardize the law that applies to condominium associations, homeowners’ associations and other common interest communities such as the Homestead PRD (Planned Residential Development). The WUCIOA took effect on July 1, 2018, and applied in full to all common interest communities created on or after that date, but not to communities (like Homestead) formed under prior laws. However, in 2024 the Legislature adopted Senate Bill 5796, which repeals all prior laws effective January 1, 2028, and makes WUCIOA applicable to all common interest communities thereafter. Also, certain requirements go into effect beginning January 1, 2026. The WUCIOA can be found at RCW 64.90.” – Excerpt from: 2025 State of Homestead Litigation