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Washington HOA and condo electronic voting law
Can a homeowners or condominium association in Washington hold its vote online? Here is what state law says and what it means for your board.
Yes. State law expressly allows electronic voting
Main law: RCW 64.90.455, 64.90.495 (ESSB 5129, effective Jul 27, 2025).
Reviewed September 16, 2026. A summary of state law, not legal advice. Confirm with your association's attorney before a binding vote.
The rules at a glance
| Legal status | Allowed by statute |
|---|---|
| Main statute | RCW 64.90.455, 64.90.495 (ESSB 5129, effective Jul 27, 2025) |
| How electronic voting gets authorized | Owner consent by record or by casting an e-ballot. Pre-2018 communities follow RCW 64.38.120 and their documents until Jan 1, 2028 (RCW 64.90.360, 64.90.365(1)), and 64.38.120 has no e-voting or secret ballot rule |
| Secret ballot and counting | Secret for board elections, removals, amendments. Candidates barred from counting |
| Paper ballot option | Yes, paper is the default |
| Ballot retention | 1 year |
A state statute speaks to electronic voting for community associations. Read how it gets authorized below: some statutes let the board decide, some require each owner to consent, and some let governing documents opt out.
Which Washington law applies to your community
| Your community | Law that governs the vote | What VoteStead requires |
|---|---|---|
| Formed on or after July 1, 2018 | Washington Uniform Common Interest Ownership Act RCW 64.90 | Runs under the RCW 64.90 rule pack |
| HOA formed before July 1, 2018 that opted in to RCW 64.90 | RCW 64.90 | Runs under the RCW 64.90 rule pack |
| HOA formed before July 1, 2018 | Homeowners Associations Act RCW 64.38 until January 1, 2028 | An attorney sign-off letter before a binding vote opens |
| Condominium created before July 1, 2018 | Condominium Act RCW 64.34 until January 1, 2028 | An attorney sign-off letter before a binding vote opens |
| Any Washington community on or after January 1, 2028 | RCW 64.90 RCW 64.90.360 | Runs under the RCW 64.90 rule pack |
Older communities need the letter because RCW 64.38 and RCW 64.34 do not set out electronic voting rules the way RCW 64.90 does. Your attorney confirms the authority comes from your declaration, bylaws or the nonprofit corporation act.
What RCW 64.90 requires, and what VoteStead does
Owner consent to electronic ballots RCW 64.90.455(4)
An owner agrees to vote electronically by a record or by casting an electronic ballot. Owners who do not agree keep the right to a paper ballot.
VoteStead shows the consent statement before an owner's first ballot and records the date of consent. Owners without email or text get a mailed notice.
Secret ballots RCW 64.90.455(9)
Board elections, director removals and amendments use a secret ballot. Candidates and incumbents do not see ballots before results.
VoteStead seals every ballot on the owner's device and stores ballots with no name. Nobody opens ballots until 2 key holders enter their shares after voting closes.
Voting records RCW 64.90.495
The association keeps ballots and related voting records for 1 year after the vote.
VoteStead keeps sealed ballots for 1 year after voting closes, then deletes them and the voting credentials unless a legal hold is on. The results and audit log stay with the election record.
Texts to owners
Federal and Washington rules limit when and how businesses text consumers.
VoteStead texts only owners who opted in, sends texts between 9 a.m. and 8 p.m. Pacific, and honors STOP at once.
Before your first online vote in Washington
- Confirm your community's formation date and whether it opted in to RCW 64.90
- Check your declaration and bylaws for voting and notice rules
- For a community formed before July 1, 2018, ask your attorney for a sign-off letter
- Collect owner emails, mobile numbers for texts and mailing addresses
Running a Washington vote with VoteStead
Available now
VoteStead runs Washington elections with rule packs that apply the state's consent, secret ballot and records rules, and the launch checklist blocks voting until the required steps are done.
No VoteStead features are turned off by Washington law.
What every VoteStead election includes
- Ballots sealed on the owner's device and stored with no name attached
- A 2-of-3 key split, so nobody opens ballots before voting closes
- Email and text invitations, plus mailed notices with access codes
- Quorum tracking and automatic reminders to owners who have not voted
- A tracker code so each owner confirms their ballot counted
Washington questions
Can an HOA or condo association in Washington vote online?
Yes. State law expressly allows electronic voting. How it gets authorized: Owner consent by record or by casting an e-ballot. Pre-2018 communities follow RCW 64.38.120 and their documents until Jan 1, 2028 (RCW 64.90.360, 64.90.365(1)), and 64.38.120 has no e-voting or secret ballot rule. Main law: RCW 64.90.455, 64.90.495 (ESSB 5129, effective Jul 27, 2025). Reviewed September 16, 2026. This is a summary, not legal advice.
What are the Washington secret ballot and vote counting rules?
Washington rule on secrecy and counting: Secret for board elections, removals, amendments. Candidates barred from counting. VoteStead seals every ballot on the owner's device and stores it with no name attached.
Do owners in Washington keep a paper ballot option?
Washington rule: Yes, paper is the default. VoteStead supports mailed voting notices with access codes for owners who get their mail on paper.
How long must a Washington association keep ballots?
Washington retention rule: 1 year. VoteStead keeps sealed ballots for 1 year after voting closes by default, and a legal hold keeps them longer.
Is VoteStead available for Washington associations?
Yes. VoteStead runs Washington elections with rule packs for the state's community association laws.