Does every subdivision have an HOA?

Published October 19, 2026. Updated October 19, 2026.

No. Many subdivisions have recorded covenants and no association. The developer recorded restrictions to protect the lots, then never formed a corporation to enforce them. The covenants still bind every lot. Any owner can enforce them against a neighbor, but nobody collects dues, keeps records or approves plans unless the declaration created a committee.

What a declaration usually says

A declaration with an association names it, gives it the power to assess dues and place liens, and sets up a board. A declaration without one is usually shorter: use restrictions, building rules, and an enforcement clause that lets "any owner" sue. Some of these name an architectural committee of the first owners that no longer exists.

In the covenants Setback has read, as of October 19, 2026, 476 of 1,258 recorded documents name an association. The rest bind their lots without one.

What to check before you buy

  1. Read the recorded declaration for an association clause.
  2. If there is none, treat the covenants as live anyway. A neighbor can still enforce a fence or parking rule.
  3. If there is one, confirm it still exists at the Secretary of State and ask for a resale certificate.

Where the law comes in

Chapter 64.90 RCW applies to associations. A subdivision with covenants and no association is governed by the covenants alone and by general property law, and a court enforces them like any other deed restriction.

This is general information, not legal advice.