By now, most of you have heard about WUCIOA and the fact that it will be applicable to ALL COMMUNITY ASSOCIATIONS as of January 1, 2028 per the “WUCIOA for All” bill passed by the legislature in 2023. But that’s over three years away, so we don’t need to do anything about it now, right?? WRONG!
You will certainly see more and more articles and presentations about the changes made to WUCIOA in 2023 and some of the more “interesting” aspects of WUCIOA as the industry really drills into the bill, but all communities should be planning for the change NOW for a couple of reasons.
First, the 2023 changes are in effect NOW for all existing WUCIOA communities. The changes were significant enough that WUCIOA communities should consider amending and restating their Bylaws at the very least to comply with the changes. We have estimated that new Bylaws will pick up a good percentage of the changes, potentially obviating the need for WUCIOA communities to amend their Declarations/CCRs.
Second, the changes for non-WUCIOA communities are very significant and will likely require amended and restating both the Declaration and the Bylaws, so at the very least, your communities should be planning and budgeting for the legal work needed to amend and restate.
We understand why communities are reluctant to consider opting into WUCIOA –before the legislature required it, we were not even recommending it! But now that it’s inevitable, we think that communities need to know more about the actual changes and how the conversion will affect them. Therefore, we created a packet that doesn’t just fear-monger or philosophize about the changes, but instead:
- Describes the actual process of opting in, including alternate quorum and voting requirements, and timing considerations
- Explains why amending and restating is probably required to avoid costly disputes
- Lists the significant changes from the prior statutes (it’s a pretty long list!)
- Describes how our Amended & Restated documents are tailored to the community while providing some flexibility in case we can roll back some of the more recent WUCIOA changes that do not benefit community associations
- Explains our flat fee structure so that communities have a more accurate sense of the costs
- Provides a list of WUCIOA-complaint products that new WUCIOA communities may need (HOAs will need resale certificates!)
Please contact us at info@calgnw.com for your copy of this in-depth look at opting in to WUCIOA!
