September 21, 2026
HOA Blocking Your ADU or Guest Unit? Know the New Laws in Washington
Some states now limit how HOAs can restrict accessory dwelling units. — Washington specific laws and procedures.
You've been dreaming about finishing that backyard cottage, converting your garage into a rental unit, or building a small accessory dwelling unit (ADU) so a parent or adult child can live close by — and then your HOA says no. Maybe you received a written denial citing the CC&Rs. Maybe you got a threatening letter warning that construction will result in fines. Or maybe you submitted a request months ago and have heard nothing back at all. Whatever the situation, you're not alone, and you're not without options. Washington State has updated its laws in ways that affect what HOAs can and cannot restrict when it comes to ADUs and accessory housing — and knowing those rules can help you organize a clear, factual response.
What State Law Generally Says
Washington HOAs operate under one of two governing frameworks, depending on when the association was formed. HOAs formed before July 1, 2018 are generally governed by the Washington Homeowners' Association Act (RCW Chapter 64.38). HOAs formed on or after July 1, 2018 fall under the Washington Uniform Common Interest Ownership Act (RCW Chapter 64.90), commonly called WUCIOA. The distinction matters because WUCIOA carries more detailed procedural requirements and homeowner protections. If you're not sure which applies to your HOA, your governing documents — specifically the Declaration or CC&Rs — typically include a formation date, or you can search your county's recorded documents online.
Under RCW §64.38.020, HOAs are generally required to adopt and enforce rules in a uniform and non-discriminatory manner. This means that if your HOA is blocking your ADU project while allowing similar structures or uses for other homeowners, that selective enforcement pattern may not comply with the statute's requirements. It's also worth understanding that Washington does not set a hard dollar cap on HOA fines — but RCW §64.38.020(11) appears to require that any fine be levied only after the homeowner receives proper notice and a meaningful opportunity to be heard before the board or its designee. Fines must also follow a previously established and published schedule. A fine imposed without prior notice, without a hearing opportunity, or based on an unpublished or inconsistently applied schedule may not meet the standard the statute generally describes. You can learn more about how fines vary by state in this overview of HOA fines by state.
Washington has also moved to expand housing access at the state level. Local jurisdictions across Washington have been required to permit ADUs more broadly under state housing legislation — and courts and regulators have increasingly scrutinized HOA restrictions that conflict with public policy goals around housing density. While HOA CC&Rs can still impose some restrictions on ADU construction, a blanket prohibition or a restriction that applies unequally across the community may face a harder legal road than it once did. The key question is whether the specific language in your CC&Rs actually supports the HOA's position — and whether that position is being applied consistently to everyone. For a broader picture of what HOAs can legally enforce, that guide walks through some common categories of restrictions and their limits.
Steps a Homeowner Can Consider
1. Pull and Read Your Governing Documents Carefully
Before you respond to anything, consider locating your CC&Rs, bylaws, and any architectural guidelines your HOA has issued. The HOA's authority to restrict ADUs — or to fine you for building one — has to come from somewhere in those documents. Look for language about "accessory structures," "dwelling units," "rental restrictions," or "architectural approval." If the restriction your HOA is citing doesn't appear clearly in your governing documents, or if the language is vague and open to interpretation, that's worth noting in writing. Homeowners often find that the HOA's stated reason and the actual text of the CC&Rs don't line up as neatly as the HOA implies.
2. Document Everything in Writing
If you haven't already, you may want to begin keeping a running written record of every communication related to your ADU dispute. Note the date, method (email, letter, in-person), what was said, and who said it. Save copies of every notice or letter you receive from the HOA. If your HOA has verbally told you that your project is denied or that fines are coming, follow up in writing — something as simple as an email that says "I'm writing to confirm our conversation on [date], in which you indicated..." creates a paper trail that may be useful later.
3. Request Your HOA's Records
Under RCW §64.90.495 (which applies to HOAs under WUCIOA), the HOA is generally required to acknowledge a records request within 10 business days and complete the production within 21 business days. Even if your HOA falls under the older RCW Chapter 64.38 framework, requesting records in writing is still a practical step. Consider submitting a written request — sent via certified mail with return receipt so you have proof of delivery — asking for the following: the full CC&Rs and any amendments, the architectural review guidelines, the current fine schedule, and any board minutes or correspondence related to ADU or accessory unit policy. Knowing exactly what your HOA's rules say in writing helps you identify whether their position is actually grounded in your governing documents.
4. Check Whether the HOA Followed Its Own Process
RCW §64.38.020(11) generally describes that fines may only be levied after proper notice and an opportunity for a hearing. That hearing must follow procedures established in the bylaws. If you received a fine without prior notice, without being offered a hearing, or without any reference to a published fine schedule, those procedural details may be worth referencing in any written dispute you send to the board. Similarly, if your architectural review request was ignored entirely, check your CC&Rs for any stated review timeframe — many governing documents include a deadline by which the HOA must respond, and a failure to respond within that window sometimes has consequences defined in the documents themselves. Reviewing how to appeal an HOA fine can give you a useful framework for this step.
5. Send a Formal Written Dispute Letter
Once you've gathered your documents and identified the specific gap between the HOA's stated position and what the CC&Rs or statutes appear to require, you may want to send a written dispute letter to the board. Reference the specific CC&R provisions you're relying on, note the applicable statute (such as RCW §64.38.020 on uniform enforcement, or RCW §64.38.020(11) on the fine and hearing process), and clearly state what outcome you are requesting — whether that's withdrawal of a fine, reconsideration of an architectural denial, or a response to an unanswered request. Send any formal letter via certified mail with return receipt so you have documented proof that the board received it. Keep a copy for your records.
When to Talk to a Licensed Attorney
Self-help steps like gathering documents, sending written requests, and referencing statutes in a dispute letter can go a long way in straightforward situations. But some HOA disputes move quickly into territory where having a licensed Washington attorney involved is genuinely important. If your HOA has recorded a lien against your property, threatened foreclosure, or filed or threatened a lawsuit, those are time-sensitive legal matters with real financial consequences — and that's not a situation where a self-help letter is the right primary tool. The same applies if you believe you're experiencing retaliation for exercising your rights as a homeowner, or if you think the HOA's ADU restriction may involve fair-housing or disability-accommodation issues, which carry their own federal and state legal frameworks.
If your dispute involves a large dollar amount, multiple violations compounding over time, or a neighbor or board member who has become hostile, a licensed attorney can evaluate the specific facts of your situation and advise you on options that go beyond what a letter can accomplish. Washington's Attorney General's Office, Consumer Protection Division, is also a resource worth knowing about — they accept complaints about unfair business practices and have jurisdiction over some HOA conduct. But for anything involving your legal rights in a high-stakes or time-sensitive situation, please reach out to a licensed attorney in Washington State.