January 2026 Statutory Changes - Delinquencies

There are some upcoming statutory changes affecting all community associations in Washington State, effective January 1, 2026. These changes pertain to delinquencies, notices to owners about their delinquency, limitations on what associations can charge delinquent owners, and what collections actions associations can take until they have sent the notices now required by statute.

Starting January 1, 2026, when an owner becomes delinquent:

• Within 30 days of an assessment becoming due, the Association must do the following, even if no other collection action is taken:
  • Mail a written notice of delinquency to the Unit and any other mailing address provided by the Owner;
  • Email the same notice to the Owner if the Association has an email address for them (even if the Owner has not opted-in to receiving electronic notice);
  • Provide the notice in English and any other language that the Owner has indicated a preference for communicating in; and
  • Include the first Pre-Foreclosure Notice of Delinquency (per statute) that informs the Owner the delinquency could result in the loss of their home. This notice has specific language, telephone numbers, and websites that must be used.

• Until an association sends the above described notice, and waits until the 15th day after sending, delinquent owners may only be assessed the following:
  • Actual cost of printing and mailing the notice (must be reasonable);
  • Maximum $10 administrative fee to prepare the notice; and
  • A late fee of $50, or 5% of the late assessment, whichever is lower.

Once it complies with the delinquency notice described, and waits until the 15th day after sending, an association may continue with its collection policy as it exists prior to the statutory change. This means there is a waiting period before the Association may record a lien; charge interest or late fees; refer an account to its attorney; or make any other collection effort against a delinquent Owner. A prompt notice of delinquency is imperative to protect the Association’s interests. The assessment not being paid when due starts a 30-day window the Association must comply with. Sending the notice starts a 15-day window during which no other action can be taken by the Association. “Grace periods” within collection policies may be continued, so long as the notice is sent within the 30-day window.

A compliant delinquency/collections timeline would look like:

• Assessment DUE on the 1st of the month is NOT paid;
• Grace period in collection policy is 15th of the month;
• Delinquency notice sent no later than the 30th day of the month; and
• Association may continue with its available collection remedies on the 15th day after sending the notice, including charging interest and late fees.