Wealthy Washington Neighborhoods Could Remain Untouched by Zoning Reforms

Neighborhoods with preexisting internal contracts are exempted from new legislation requiring all Washington cities to permit duplexes and other ‘missing middle housing.’

2 minute read

April 26, 2023, 11:00 AM PDT

By Diana Ionescu @aworkoffiction


Earlier this year, the Washington state legislature passed legislation aimed at eliminating single-family zoning and creating more diverse and abundant housing options in the state. However, as David Gutman and Daniel Beekman report in The Seattle Times, “homeowner associations and other ‘common interest communities’ that have internal contracts or documents governing their zoning rules” are exempt from the new law, effectively allowing them to remain exclusively zoned for single-family homes.

“Because homeowner associations and common interest communities have preexisting, legally binding contracts regarding their zoning rules, the Legislature can’t change those, said Rep. Jessica Bateman, D-Olympia, the bill’s lead sponsor,” explaining the exemption. “The bill does explicitly bar homeowner associations from making new contracts or agreements to try to prohibit duplexes and other kinds of middle housing. But it only applies to future agreements, those enacted after the law becomes effective.”

According to University of Washington law professor Hugh Spitzer, “people can put restrictive covenants on their properties and you can’t have a law that comes in and wipes that out,” except in the event that the law is related to safety, such as the requirement to add a fire escape. Yet state law does, as Gutman and Beekman point out, govern some aspects of homeowner association rules, including legislation that bans HOAs from prohibiting certain flags, political signs, and solar panels.

The authors remind readers of the sordid history of HOAs. “In Seattle, and across the country, many homeowner associations were created a century ago for the express purpose of excluding racial and religious minorities.” The article continues, “These are the same communities that today won’t be touched by middle housing, which supporters of HB 1110 say can diversify neighborhoods by providing options at different price points.”

Sunday, April 23, 2023 in The Seattle Times

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Get top-rated, practical training

Front of White House with stormy sky above.

How the Trump Presidency Could Impact Urban Planning

An analysis of potential changes in federal housing, transportation, and climate policies.

January 19, 2025 - Planetizen

String lights across an alley in Cranford, New Jersey at night.

Midburbs: A New Definition of Suburbs

When the name “suburb” just doesn't quite fit.

January 17, 2025 - Gabe Bailer - PP - AICP - NJ Urbanthinker

Black bollards lining a curved sidewalk next to a cobblestone street.

Why Aren’t There More Bollards in US Cities?

Solid barriers, like the dormant ones in New Orleans, are commonly used to improve road safety in Europe. Why not here?

January 17, 2025 - MinnPost

Aerial view of Menlo Park in Silicon Valley, California.

Menlo Park to Develop Parking Lots Into Housing

The city will issue a request for proposals to build subsidized housing on up to three downtown parking lots.

January 23 - Palo Alto Daily Post

Aerial view of Macarthur Park lake with downtown Los Angeles skyline in background.

What Has Measure ULA Achieved?

Los Angeles has imposed an additional tax on luxury home sales to generate millions for housing efforts in the city. Shelterforce checks in on where the money has gone, and what’s to come.

January 23 - Shelterforce Magazine

Close-up of green "Ultra low emission zone" ULEZ sign in London, UK.

London Congestion Pricing Zone Has No Impact on Local Spending

The city’s cordon pricing scheme did not affect how much people spent at local businesses, new research finds.

January 23 - Centre for Cities

Urban Design for Planners 1: Software Tools

This six-course series explores essential urban design concepts using open source software and equips planners with the tools they need to participate fully in the urban design process.

Planning for Universal Design

Learn the tools for implementing Universal Design in planning regulations.