Washington HOA Disclosure Requirements: What Sellers Must Provide

Washington HOA Disclosure Requirements: What Sellers Must Provide

A seller receives an offer on their condo unit. The buyer's agent requests the HOA resale certificate within three business days. Your board president is traveling. Your treasurer hasn't responded to emails in 48 hours. The closing timeline is now at risk, and you're fielding frustrated calls from the title company. If this scenario sounds familiar, you're not alone—and you need a system that works whether or not your volunteers are available.

Washington state law mandates specific disclosures when a home in a common interest community changes hands. Missing documents delay closings. Incomplete information creates liability. As a property manager, you're often the person responsible for assembling these materials under pressure, and understanding exactly what's required protects everyone involved.

What the Law Requires for HOA Resale Certificates

Under RCW 64.90.640 (as of 2026), sellers in condominiums and other common interest communities must provide buyers with a resale certificate before closing. This isn't optional. The statute specifies that the certificate must be current—generally prepared within 90 days of delivery to the buyer.

The resale certificate functions as a snapshot of the unit's standing within the association. It tells the buyer whether assessments are paid, whether violations exist, and what financial obligations they're inheriting. Without it, the transaction typically cannot proceed, or the buyer gains the right to cancel the contract within specified timeframes.

For planned communities governed by RCW 64.38 (as of 2026), similar disclosure requirements apply under RCW 64.38.035, though the specific documents required may differ slightly. You'll want to confirm which statute governs your community—condominiums generally fall under RCW 64.90, while many HOAs fall under RCW 64.38.

The certificate must be signed by an officer or authorized agent of the association. That means someone with authority—usually a board member or the property manager acting under proper delegation—needs to review and certify the information before it goes out.

Required Financial Documents and Assessment Information

The resale certificate must include a detailed statement of any unpaid assessments or fees currently due from the seller. This includes regular assessments, special assessments, late charges, interest, and any other amounts owed to the association.

You'll also need to disclose the current monthly or periodic assessment amount for the unit. If the association has approved but not yet implemented an assessment increase, include that information with the effective date. Buyers need to know what they'll actually be paying, not just what the seller currently pays.

Include a statement of any planned or anticipated capital improvements that may result in special assessments. If your board has discussed a major project—roof replacement, siding repair, elevator modernization—but hasn't formally approved it, you're in gray area. Consult your association attorney about what rises to the level of "anticipated" that requires disclosure.

The certificate should also include information about any reserve study completed within the past three years and the current status of reserve accounts. Washington courts have found that material misrepresentations about reserve funding can create liability, so accuracy here matters significantly.

Governing Documents That Must Be Included

Beyond the certificate itself, sellers must provide copies of the association's governing documents. This includes the declaration (sometimes called CC&Rs), articles of incorporation, bylaws, and rules and regulations currently in effect.

These don't need to be newly prepared for each transaction—the current versions on file work fine. But "current" is the operative word. If your board amended the rules six months ago and you're still distributing the 2022 version, that's a problem.

Include any architectural guidelines or design standards that owners must follow. These might be part of your rules or maintained as separate documents. If they exist and govern what homeowners can do with their property, they belong in the disclosure packet.

Many associations also provide meeting minutes from the past 12 months, though this isn't always statutorily required. It's good practice. Minutes reveal pending litigation, upcoming projects, board discussions about assessments, and other information that helps buyers understand what they're buying into.

Insurance Certificates and Claims History

The resale certificate must include a statement of any insurance claim made by the association in the past five years that exceeded $10,000. This gives buyers insight into building conditions, maintenance history, and potential future issues.

You'll need to provide a certificate of insurance showing the association's current coverage. This should include property insurance, liability insurance, directors and officers insurance, and any other policies the association maintains. The certificate should show coverage amounts, deductibles, and policy periods.

If your association has a master insurance policy that covers individual units (common in condominiums), include information about what that policy covers and what unit owners must insure separately. Buyers need to understand their insurance obligations before they close.

Document any pending or threatened litigation involving the association. This includes lawsuits filed by or against the association, construction defect claims, and disputes with contractors or vendors. "Threatened" means more than a resident complaining at a meeting—it typically means a demand letter or formal notice from an attorney.

Budget, Financial Statements, and Special Assessment Information

Provide the association's most recent annual budget and financial statements. If your fiscal year just ended but you haven't prepared audited statements yet, include the most recent compiled or reviewed statements available.

The financial statements should show the association's assets, liabilities, income, and expenses. For condominium associations, this must include separate disclosure of reserve account balances. Buyers and their lenders pay close attention to reserve funding levels.

If the association has approved any special assessments within the past 12 months—whether paid, being paid in installments, or not yet due—include that information. Detail the amount, purpose, payment terms, and whether the obligation transfers to the buyer or stays with the seller.

Include information about any debts secured by the association's real property or any loans where the association is the borrower. If your association took out a loan to fund a capital project, buyers need to know about that obligation.

Transfer Requirements and Move-In Procedures

Many associations charge transfer fees, move-in fees, or application fees when ownership changes. State these amounts clearly in the disclosure documents. If the fees changed recently, make sure you're using current numbers.

Include any move-in or move-out requirements your association enforces. If you require elevator reservations, specific moving hours, protection for common area floors or walls, or deposits for moving damage, document these requirements in writing.

Some associations require new owners to attend orientation meetings or sign acknowledgment forms. If your board has implemented these requirements, include information about them in the home sale documents package.

Detail any occupancy restrictions that might affect the buyer. If your declaration limits rentals, prohibits certain types of businesses from home offices, or restricts the number of occupants per unit, buyers need this information before closing.

How Manorway Streamlines Washington HOA Disclosure Compliance

Assembling compliant resale certificates under pressure doesn't have to mean late nights searching through filing cabinets or waiting for board members to return from vacation. Manorway maintains your governing documents, financial records, and compliance data in one audit-ready system, allowing you to generate accurate, complete Washington HOA disclosure packets in minutes—with human review to catch issues before they delay closings. [Book a free governance checkup](https://manorway.com/contact) to see how property managers are reducing resale certificate turnaround times while improving accuracy.