Legislative Update


See 2023 WA State bills CAI is currently tracking.


By Dean Martin, Esq., of Barker Martin, P.S. T


he need for housing in Washington has prompted several bills this legislative session that focus on increasing housing density on


lots primarily zoned for residential use. If signed into law, these bills have the potential to significantly impact community associations throughout Washington.


This article focuses on Senate Bill 5190/House Bill 1110, which concentrates on middle housing. However, there are other bills that seek to increase housing density which may also impact associations. They include House Bill 1337, which would allow for the addition of accessory dwelling units, and SB 5466/HB 1517, which would allow increased housing density near major transit stops.


Middle Housing Defined


Middle housing means buildings that are compatible in scale, form, and character with single family (“SF”) homes, but which can range from duplexes up to sixplexes.


Middle Housing Intent


The intent of the middle housing bill is to promote increased density in cities subject to the Growth Management Act (RCW 36.70A) by requiring cities to allow middle housing on all lots zoned predominantly for residential use, which includes lots that are currently zoned for single family homes.


The number of units allowed on a residential lot depends on a variety of factors.


While middle housing ranges from duplexes to sixplexes, the actual number of units allowed on a residential lot


depends on a variety of factors including the size of the city, whether the lot is located near a major transit stop, and whether any of the units qualify as affordable housing.


If the lot is within a city that has a population between 25,000 and 75,000, then two units may be installed on a residential lot. Up to four units may be installed if the lot is also within one-half mile walking distance of a major transit stop, or at least one of the four units is affordable housing.


Up to four units may be installed if a lot is within one-half mile walking distance of a major transit stop.


For larger cities or cities that are in a contiguous urban growth area with a population of over 200,000, the bill would allow construction of four units on a residential lot, or up to six units if the lot is either (a) within one-half mile walking distance of a major transit stop or, (b) at least two of the six units are affordable housing.


Impact on Associations


If adopted in its current form, the middle housing bill may have a profound impact on community associations. The current version of the bill would exempt existing associations, including RCW 64.32, .34, .38 and .90 associations, but only if the association’s governing documents contain prohibitions against middle housing before the date the bill becomes law. Any association created after the bill becomes law would be fully subject to law and would have to accommodate middle housing.


The bill does not address upgrades to infrastructure needed in order to accommodate additional residents.


If your association is not exempt from this bill, each owner of a residential lot would potentially be able to develop between two and six units on their lot. The impact of middle housing development within an association would be significant and impactful because the bill does not address the potential infrastructure upgrades that may be necessary to accommodate middle housing, reallocation of allocated ownership interests and voting interests to accommodate new members, changes in assessment obligations, and increased use and wear and tear on common amenities.


wscai.org 21


Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32