WUCIOA – What is it, and why should my community association care? Topic 7: Board Committees

WUCIOA provides an ability for Boards form Committees to conduct some Board Business. (But this is not legal advice for your specific association) The Washington Uniform Common Interest Ownership Act (WUCIOA) is a new law that takes effect on July 1, 2018. Most of it only applies to HOAs and Condos created after that date. But existing HOAs and Condos can CHOOSE to adopt WUCIOA, and the legislature made it easier to do that than any other amendment to your CC&Rs or Declaration. The law specifying how HOAs and old condos (before July of 1990) are regulated are vague have led to many disputes among owners; WUCIOA is intended to fix that problem. It provides more specific guidance on how the community is governed and about the rights and obligations of the owners and the association, and even banks that loan money to purchasers. WUCIOA allows Board Committees. Committees can exercise board powers as delegated to them by the board. Committees which exercise board power must have at least two board members on them, and ONLY those board members can vote on committee decisions. Other types of committees may be formed, but are advisory only. With regard to Board Committees, WUCIOA is friendlier to associations in several respects:
  1. WUCIOA specifically allows boards to delegate powers to committees, which can provide for more efficient operation of the community
  2. The statute clarifies that at least two board members must be on the committee, and that they are the only voting members of the committee.
  3. You can have advisory committees that do not take any actions, but only give recommendations to the board.
With regard to Board Committees, WUCIOA may be more difficult for associations, or leaves unanswered questions, in several respects:
  1. WUCIOA requires that board committee meetings be open the same as board meetings.
  2. It has the same notice requirements to owners, and opportunity to comment by owners that board meetings have apply to committee meetings.
  3. Committees must keep minutes, which become available to owners.
Depending on your community, WUCIOA may be an improvement over the HOA act, or either condominium statute. It is unclear if the new statutory provisions are automatically incorporated into the Declarations, or if they must be added, and conflicting old provisions deleted. If you have questions about how WUCIOA might benefit your community, please contact us.