Selling a Sammamish Home With an HOA: The Resale Certificate


Selling a Sammamish home with an HOA adds one document obligation that sellers of unencumbered property never face, and it is the single most common source of avoidable closing delay we see on the Plateau. The obligation is not the same for every community. Washington runs three separate legal frameworks side by side, and which one applies to you depends on what kind of community you own in and when it was created.

Most sellers discover this after mutual acceptance, when the closing calendar is already set and the association's response time is no longer something they control. The fix is ordinary preparation, done early.

Here is how the frameworks differ, what each one requires, and when to start.

The Short Answer for Sammamish Sellers

  • Condominium owners owe a statutory resale certificate. RCW 64.34.425 governs Washington condominiums that are not under the newer act
  • Communities created on or after July 1, 2018 follow RCW 64.90.640, the resale certificate section of the Washington Uniform Common Interest Ownership Act
  • Pre-2018 single-family homeowners' associations have no statutory resale certificate at all. Chapter 64.38 RCW contains no such section, so the obligation is contractual instead
  • Either statute gives the association 10 days to furnish the certificate after the owner requests it
  • Preparation charges are capped at $275 under both RCW 64.34.425(2) and RCW 64.90.640(2)(b)
  • The buyer gets a cancellation right that stays open until the certificate is delivered, which is why late documents put a closing at risk
  • Form 17 asks about your association regardless, and it is due within five business days of mutual acceptance under RCW 64.06.020

What Selling a Sammamish Home With an HOA Actually Requires

A resale certificate is a signed statement from your association, based on its own books and records, telling the buyer what they are joining. It covers current assessments, delinquencies, pending special assessments, insurance, litigation, reserves and whether anything about your property violates the governing documents.

You do not write it. Your association or its management company does. Your job as the seller is to request it in time, pay the preparation fee, and get it into the buyer's hands. That sounds simple, and it is, right up until the request goes in during the third week of a 30-day closing.

The reason it matters more here than the paperwork suggests is that the buyer's obligation to complete the purchase is tied to receiving it. That is not a courtesy deadline. It is written into the statute.

Three Frameworks, and Which One Governs Your Community

Washington did not replace its old community association law. It layered a new one on top and left the old ones running underneath. Until January 1, 2028, three chapters are live at the same time.

Condominiums fall under RCW 64.34.425. The Washington Condominium Act applies to condominiums created after July 1, 1990, and RCW 64.34.010(1) expressly extends the resale certificate section back to condominiums created before that date as well. So if you own a condominium unit in Sammamish that is not under the newer act, this is your section.

Communities created on or after July 1, 2018 fall under RCW 64.90.640. RCW 64.90.360(2) limits the newer act to communities created on or after that date, plus any older community that amended its declaration to opt in.

Pre-2018 single-family homeowners' associations fall under chapter 64.38 RCW, which has no resale certificate section. This is the part that surprises people, and it applies to a large share of the Plateau. RCW 64.90.365(1) lists the only sections of the newer act that reach back to communities created before July 2018, and the resale certificate section is not among them. RCW 64.38.010(12) then confirms that a homeowners' association "does not mean an association created under chapter 64.32, 64.34, or 64.90 RCW." The chapter's full section list covers records, budgets, reserves, meetings and liens, and stops there.

That does not mean nothing is owed. It means the obligation moves from the statute to your purchase and sale agreement, where the document addendum sets the deadline instead. Confirm which framework governs your specific community from your recorded declaration, or ask your association directly, and route the question to a real estate attorney if the declaration is ambiguous. Communities on the Plateau vary, and neighbors are not a reliable source.

If you are not sure which framework your community falls under, that is worth sorting out before you set a listing date. Reach out to The Van Pelt Group or call (206) 290-8233.

What the Certificate Has to Contain

Both statutes run long lists, and they overlap heavily. The items that most often surface a problem are these.

  • Anticipated repair or replacement cost above five percent of the annual budget. RCW 64.34.425(1)(f) requires it once the board has approved it. The newer act's equivalent reaches costs reasonably anticipated to exceed that threshold whether or not owners get to vote on them
  • Reserve status. RCW 64.90.640(1)(g) requires a statement of whether a reserve study exists. Under the older act, a community without a current reserve study has to attach a specific written warning to the buyer about the risk of a future special assessment
  • Delinquencies across the community, not just yours, current to within 45 days
  • Pending litigation and unsatisfied judgments involving the association
  • Alterations that violate the governing documents. A deck, a fence, an exterior color or a shed that never got architectural approval will appear here
  • The declaration, bylaws, rules and the current reserve study as attachments

The alteration line is worth a walk of your own property before you order anything. If a previous owner added something the association never approved, you would rather find that in week one than in the certificate a buyer is reading.

The Ten-Day Rule and the Buyer's Right to Walk

Both acts give the association 10 days after a unit owner's request to furnish the certificate, and both cap the preparation charge at $275.

The cancellation rights differ, and the difference is the reason timing matters. Under RCW 64.34.425(3), the buyer's contract is voidable "until the certificate has been provided and for five days thereafter or until conveyance, whichever occurs first." An undelivered certificate leaves that door open indefinitely.

Under RCW 64.90.640(3)(b), the buyer may cancel within five business days after first receiving the certificate. If it was delivered more than five business days before the contract was signed, the buyer has no cancellation right under that section. If it arrives less than five business days before the closing date, the buyer may push closing out to five business days after receipt.

Read together, both statutes reward the same behavior. Early delivery closes the buyer's exit. Late delivery keeps it open or moves your closing date.

Where the Delays Come From When Selling a Sammamish Home With an HOA

The 10-day clock starts when the association receives the request, not when you decide to make one. Self-managed boards run on volunteer schedules. Management companies queue requests. Neither is unusual and neither is anyone's fault, but both consume calendar you may not have.

A second source of delay is finding the right contact. Under RCW 64.38.045, associations must retain budgets, minutes other than executive sessions, financial statements and contracts for seven years, and associations with annual assessments of $50,000 or more owe an annual independent audit unless owners vote to waive it. Those records exist. Knowing who holds them is a different problem, particularly in a community that recently changed managers.

Washington added a backstop in 2026. Under RCW 64.38.185, an owner who files a written inquiry by certified mail is owed a response in the form of a record within 30 days, with limited extensions for board review, complex questions or a needed legal opinion. That is a useful tool, and 30 days is also a reminder of what unprepared timing looks like.

When to Order Documents in Your Listing Timeline

Order early. There is no advantage to waiting and a specific disadvantage to delay.

Our 90-day pre-list timeline for Sammamish sellers puts association documents in the 30-day window, alongside the pre-inspection decision and photography scheduling. If you are inside 30 days, make the request the day you decide to list. The fee is capped, the request is reversible in the sense that stale figures can be refreshed, and the information tells you something you want to know before pricing.

Requesting early also lets you read your own certificate. If it discloses a pending special assessment or an unapproved alteration, you would rather adjust your pricing and disclosure strategy around that than have a buyer discover it mid-transaction. Our guide to what it costs to sell a home in Sammamish covers where the document fee sits among the rest of the seller-side line items, and our look at which remodeling projects return value here is worth reading before you spend on anything an architectural committee has to approve.

What Form 17 Asks Every Sammamish Seller About Their Association

The seller disclosure statement is separate from the resale certificate and applies whether or not your community owes one. Under RCW 64.06.020, delivery is due not later than five business days after mutual acceptance unless the parties agree otherwise, and the buyer has three business days to rescind after receiving it.

Section 6 of the form covers homeowners' associations and common interests. It asks whether there is an association and who can furnish its financial statements, minutes, bylaws and fining policy. It asks for regular periodic assessments and the payment interval. It asks about pending special assessments and about shared common areas or joint maintenance agreements. The special assessment question is starred, which means a yes answer requires a written explanation.

For a pre-2018 single-family association with no statutory certificate, Section 6 plus your purchase and sale agreement is where the disclosure obligation actually lives. Answer from records, not memory.

Working With a Sammamish Listing Team on an HOA Sale

Klahanie, Sahalee, Trossachs and many smaller plats across the Plateau are governed communities, and each one runs its own documents, its own management arrangement and its own request process. Our guide to buying a Sammamish home with an HOA covers the same territory from the buyer's side, and our Klahanie neighborhood overview covers what living in one of the larger ones looks like. If your property is attached rather than detached, our Sammamish condos and townhomes guide is the companion piece.

One more date worth knowing. Chapters 64.32, 64.34 and 64.38 RCW are repealed effective January 1, 2028, at which point the newer act governs everything. Anything you read about these three frameworks, including this article, should be re-checked against current law if you are selling after that date.

The Van Pelt Group has worked the Sammamish Plateau for more than 30 years across two generations, and association documents are a routine part of what we handle for sellers. We will identify which framework governs your community, make the request on the right timeline, and read the certificate with you before a buyer sees it. Call (206) 290-8233 or visit our contact page.

Frequently Asked Questions About Selling a Sammamish Home With an HOA

Do I need a resale certificate when selling a Sammamish home with an HOA?

It depends on what kind of community you own in. Condominiums owe one under RCW 64.34.425. Communities created on or after July 1, 2018 owe one under RCW 64.90.640. Pre-2018 single-family homeowners' associations governed by chapter 64.38 RCW have no statutory resale certificate requirement, because RCW 64.90.365(1) does not extend the newer act's certificate section back to them and chapter 64.38 contains no equivalent. In that case the document obligation comes from your purchase and sale agreement rather than from statute. Confirm which framework applies from your recorded declaration.

How long does an association have to produce a resale certificate in Washington?

Ten days after the owner's request, under both frameworks. RCW 64.34.425(2) requires the association to furnish it within 10 days after a request by a unit owner, and RCW 64.90.640(2)(a) uses the same 10-day period. The clock runs from receipt of the request, so a request made the day you list and a request made after mutual acceptance produce very different closing experiences.

How much can an association charge to prepare one?

Both statutes cap the preparation charge at $275. RCW 64.34.425(2) states that a reasonable charge for preparing a resale certificate may not exceed that amount, and RCW 64.90.640(2)(b) sets the same cap. Associations may charge separately for other services within the limits their governing chapter allows, so ask for the fee schedule in writing when you make the request.

Can a buyer cancel the contract because of the resale certificate?

Yes, within defined limits. Under RCW 64.34.425(3), the purchaser's contract is voidable until the certificate has been provided and for five days after that, or until conveyance, whichever comes first. Under RCW 64.90.640(3)(b), the buyer may cancel within five business days after first receiving it, and has no cancellation right under that section if the certificate was delivered more than five business days before the contract was signed. If it arrives less than five business days before closing, the buyer may extend closing to five business days after receipt.

What does the certificate disclose about the association's finances?

Current and delinquent assessments, community-wide delinquencies current to within 45 days, pending special assessments, unsatisfied judgments and pending legal actions, insurance coverage, the current operating budget and the annual financial statement. RCW 64.34.425(1)(f) also requires disclosure of any board-approved anticipated repair or replacement cost above five percent of the annual budget, and RCW 64.90.640(1)(g) requires a statement of whether a reserve study exists. Under the older act, a community without a current reserve study must attach a specific written warning about the risk of a future special assessment.

When should I order documents when selling a Sammamish home with an HOA?

At the 30-day mark before listing, alongside the pre-inspection decision and photography. Earlier is better, because the 10-day statutory window is a floor rather than a typical turnaround, and because early delivery narrows or closes the buyer's cancellation right rather than leaving it open. Ordering early also lets you read your own certificate before a buyer does, which matters if it discloses a pending special assessment or an alteration that never received architectural approval.

What if my association will not respond when I am selling a Sammamish home with an HOA?

Washington added a response requirement in 2026. Under RCW 64.38.185, an owner who files a written inquiry by certified mail with the association is owed a response in the form of a record within 30 days, with limited extensions for board review, a complex inquiry, or a legal or other third-party opinion the board needs. Separately, RCW 64.38.045 requires associations to retain budgets, minutes other than executive sessions, financial statements and contracts for seven years. If a request stalls past a closing deadline, that is a conversation for a real estate attorney rather than something to resolve informally.

Does any of this change in 2028?

Yes. Chapters 64.32, 64.34 and 64.38 RCW are repealed effective January 1, 2028, after which the Washington Uniform Common Interest Ownership Act governs all common interest communities. That consolidates three frameworks into one, and it means pre-2018 single-family associations that have no statutory certificate obligation today will be operating under a different chapter then. Anyone selling after that date should confirm current law rather than relying on guidance written before the change.