HOA Holding Secret Meetings? Open Meeting Law Violations in Washington

You showed up to the annual meeting expecting to vote on next year's budget — and found out the board already approved it two weeks ago in a closed session nobody told you about. Or maybe you've been asking around and neighbors are whispering that major decisions keep getting made in private, with no notice, no agenda posted, and no chance for homeowners to observe or comment. That feeling of being shut out of decisions that directly affect your property and your wallet is genuinely frustrating, and you're not alone in experiencing it. Many Washington homeowners find themselves in exactly this position, wondering whether their board is allowed to operate this way — and what they can realistically do about it.

What State Law Generally Says

Washington HOAs are governed by one of two main statutes, depending on when your association was formed. If your HOA was created before July 1, 2018, it generally falls under the Washington Homeowners' Association Act (RCW Chapter 64.38). If it was formed on or after July 1, 2018, it is generally governed by the Washington Uniform Common Interest Ownership Act, commonly called WUCIOA (RCW Chapter 64.90). Both frameworks establish baseline rules about how boards must operate, though your HOA's own governing documents — its CC&Rs and bylaws — may layer additional requirements on top of what the statutes set out. It is always worth reading both the statute that applies to your HOA and your specific governing documents together, since requirements can vary.

Under RCW §64.38.020, which applies to associations under the older act, the HOA is generally required to adopt and enforce its rules in a uniform and non-discriminatory manner. This provision is frequently cited when homeowners believe the board is applying rules inconsistently — treating some members differently than others, or making decisions that benefit a few without following published procedures. If your concern is that the board is holding meetings without proper notice, selectively informing only certain members, or making major decisions without any opportunity for homeowner input, this statute's general framework around how rules must be applied and enforced appears relevant to those concerns. You can also review what HOAs can legally enforce as a helpful starting point for understanding the boundaries of board authority in general terms.

On the meeting-notice side, most HOA governing documents require advance notice — commonly at least 14 days — before a board or membership meeting. If your HOA is subject to WUCIOA (RCW Chapter 64.90), that act generally expands transparency requirements and member rights compared to the older statute. When an HOA issues fines or takes disciplinary action, RCW §64.38.020(11) generally requires that fines may only be levied after notice and a genuine opportunity to be heard before the board or its designee, in accordance with procedures spelled out in the bylaws — and fines must follow a previously established and published schedule. Washington does not set a hard statutory dollar cap on fines, but fines that are unreasonable, not based on a published schedule, or inconsistent with the bylaws may be legally unenforceable. If your board has been levying fines for alleged violations discussed only in closed sessions you never knew about, that process appears to require scrutiny under these provisions.

Steps a Homeowner Can Consider

1. Pull Together Your Documentation First

Before writing a single letter, consider gathering everything you have in one place. This includes any meeting notices (or the absence of them), agendas, minutes, fine notices, email communications from the board, and any posts from a community portal or bulletin board. Note the specific dates when meetings occurred and compare them to any notice you did — or did not — receive. Homeowners often find that simply laying out a timeline makes the pattern much clearer and makes any written response far more specific and credible.

2. Request Meeting Minutes and Governing Documents in Writing

You may want to formally request access to board meeting minutes, agendas, and your HOA's governing documents in writing. Under RCW §64.90.495, associations subject to WUCIOA are generally required to acknowledge records requests within 10 business days and complete the request within 21 business days. Even if your HOA was formed before July 1, 2018, your CC&Rs or bylaws likely contain their own records-access provisions. Send your request by certified mail with return receipt requested so you have a dated paper trail. Keep the request specific — list the exact documents you want, such as minutes from the past 12 months, the current notice procedures in the bylaws, and the board's published fine schedule.

3. Compare What You Received Against What the Bylaws Require

Once you have the documents, read your bylaws carefully for the sections covering meeting notice requirements — how many days of advance notice are required, what form that notice must take (posted, mailed, emailed), and whether there are any exceptions for executive sessions. Compare what the bylaws say against what you actually received before each meeting. Homeowners often find the answer to whether proper procedures were followed right there in their own governing documents, before ever needing to cite a state statute. If the bylaws say 14 days' written notice is required and none was provided, that is a documented discrepancy worth including in any written dispute.

4. Send a Formal, Statute-Referenced Written Dispute to the Board

A written dispute letter sent to the board by certified mail serves several practical purposes: it creates a dated record, it puts the board on notice that you are aware of the relevant statutes and governing documents, and it gives the association an opportunity to respond or correct the issue before you escalate. Your letter may want to reference the specific bylaw provisions requiring notice, the applicable statute (RCW Chapter 64.38 or 64.90, depending on your HOA's formation date), and the specific meetings or decisions you believe may not have followed published procedures. Avoid emotional language — a factual, organized letter citing specific provisions tends to carry more weight. You can also review general information on how to appeal an HOA fine if your concern involves fines that resulted from a meeting you were never notified about.

5. Consider Filing a Complaint with the Washington Attorney General

If the board does not respond to your written dispute or the pattern of closed meetings continues, homeowners in Washington can file a complaint with the Washington State Attorney General's Office, Consumer Protection Division. The AG's office does not represent individual homeowners, but documented complaints can prompt inquiries and put pressure on associations to comply with their own governing procedures. Washington Small Claims Court (which handles disputes up to $10,000) is another avenue some homeowners explore for monetary disputes that fall within that threshold.

When to Talk to a Licensed Attorney

Self-help tools and organized documentation can take you a long way in many HOA disputes, but there are situations where the stakes or complexity genuinely call for a licensed attorney. If your HOA has placed a lien on your property, threatened foreclosure, filed or threatened a lawsuit against you, or if you are facing a large fine or special assessment that significantly affects your finances, please consult a licensed attorney in Washington before taking further action on your own. The same applies if you believe the board's actions involve discrimination based on a protected class — race, national origin, disability, familial status, or similar characteristics — which may implicate fair-housing laws that go well beyond HOA statute.

Retaliation situations also warrant professional guidance. If you have already pushed back on your board and you are now experiencing a sudden increase in enforcement actions, selective inspections of your property, or other pressure that seems connected to your complaint, an attorney can help you assess whether that conduct raises additional legal concerns. Time-sensitive matters — including any dispute where you have received a notice with a stated response deadline — are especially important to address quickly, since missing a deadline can limit your options. For anything in that category, a licensed attorney in your state is the right resource.

Your Next Step

You now have a clearer picture of the general statutory framework in Washington, what to look for in your own governing documents, and a practical sequence of steps you can take on your own. The fact that you're researching this means you're already approaching the situation more systemat