Can Your HOA Fine You? Washington HOA Powers Explained Under RCW 64.38
Homeowners’ associations (HOAs) play a major role in managing Washington communities. While HOAs are responsible for maintaining common areas and enforcing community standards, many homeowners are unsure about one key question: can the HOA legally fine you? Washington law provides clear guidance on what HOAs can and cannot do, especially under RCW 64.38, the state statute that governs homeowners’ associations for non-condominium communities.
If you’ve received a fine or warning letter, understanding your rights can help you respond properly and avoid escalating penalties. This article breaks down the legal authority of Washington HOAs, what due process they must follow, and what options homeowners have when they believe an HOA has overstepped.
HOA Authority Under RCW 64.38
RCW 64.38 gives Washington HOAs broad—but not unlimited—powers. Associations may adopt and enforce rules that govern property use, appearance, and maintenance. These rules must be reasonable, published, and consistent with the association’s governing documents, which typically include the Declaration of Covenants, Conditions, and Restrictions (CC&Rs), bylaws, and rules and regulations.
Under this statute, an HOA may impose fines for violations of the governing documents only if the documents themselves authorize fines. An HOA cannot create a penalty system out of thin air. Homeowners must receive clear notice of the rules and the potential consequences.
HOAs often issue fines for issues such as landscaping violations, noise complaints, improperly parked vehicles, exterior modifications without approval, short-term rental violations, or failure to maintain a property. Regardless of the nature of the violation, all enforcement must follow the procedures outlined in the governing documents.
Due Process Requirements Before Fines
Washington law requires that HOAs follow fair procedures before issuing a fine. This includes providing notice of the alleged violation and an opportunity for the homeowner to be heard. Most CC&Rs require the HOA to send a written notice that explains the violation, cites the rule that was allegedly violated, and gives the homeowner an opportunity to correct the issue.
Many associations also offer or require a compliance hearing, where the homeowner can respond to the allegations. The hearing must be meaningful, and decisions must be made in good faith. If the HOA fails to follow these procedures, any fine they impose may be legally invalid.
Importantly, HOAs must apply their rules consistently. Selective enforcement, unfair targeting, or inconsistent application of fines can be grounds for challenging the HOA’s actions.
Reasonableness and Evidence
HOA fines must be reasonable in amount and must relate to the alleged violation. Some CC&Rs include a schedule of fines, while others give the board discretion within certain limits. Excessive penalties or fines unrelated to the violation may be invalid.
The HOA must also have evidence to prove the violation. Photographs, witness reports, inspection records, and board meeting minutes often form the basis of their proof. Homeowners have the right to request this information and challenge the HOA’s evidence if it is incomplete or inaccurate.
What Happens If You Don’t Pay?
Unpaid fines can escalate quickly. Many Washington HOAs have the authority to charge interest, add late fees, suspend use of common areas, or pursue collection actions. In some communities, fines may become a lien against the property, which could create legal and financial complications if not resolved promptly.
However, the HOA’s ability to place a lien depends on the specific language in the governing documents. Not all fines are automatically lienable, and courts review HOA lien claims closely to ensure they follow statutory requirements.
Options for Homeowners Facing HOA Fines
Homeowners have several options when they believe a fine is unfair, excessive, or improperly issued. The first step is to review the association’s governing documents to confirm whether the rule exists and whether fines are authorized. You may also request copies of the evidence used to support the violation and the minutes from any board meeting where the fine was discussed or imposed.
If you disagree with the fine, you may challenge it through the HOA’s internal hearing process or appeal procedures. Many disputes can be resolved at this stage with clear communication and supporting documentation.
When internal procedures fail, homeowners may consider mediation, arbitration, or legal action depending on the complexity of the dispute. Washington courts expect HOAs to act reasonably, follow their governing documents, and treat homeowners fairly. If an HOA has exceeded its authority or violated statutory requirements, a homeowner may have grounds to challenge the fine or seek other remedies.
How the Law Office of Erin Bradley McAleer Can Help
HOA disputes can be stressful, especially when they involve fines, threats of liens, or ongoing friction with the board. Our office helps homeowners understand their rights under Washington law, challenge improper fines, negotiate with HOAs, and pursue legal remedies when necessary. Whether you are trying to resolve a single violation or facing a pattern of unreasonable enforcement, we can help protect your property and your peace of mind.
Contact the Law Office of Erin Bradley McAleer for guidance on your HOA matter and learn how to respond effectively to HOA fines under RCW 64.38.