Last Updated: October 23, 2026
Short answer
The community's declaration decides. Washington's common interest ownership law makes the association responsible for common elements and each owner responsible for their own unit, except where the declaration says otherwise. So the answer turns on whether the declaration puts the roof edge and gutters inside a unit, in the common elements, or in a limited common element.
Key takeaways
- The declaration (often called the CC&Rs) assigns gutters to the owner or the association; the default rule in RCW 64.90.440 applies only where the declaration is silent.
- In a condominium, gutters on a shared roof are common elements wherever the declaration sets unit boundaries at the interior surfaces; that boundary language is what settles it.
- Changing the look of common elements, including gutter color, profile or guards, needs board approval under RCW 64.90.255 and the governing documents.
- When an overflowing gutter is the association's job, a written, dated request with photos is the step that starts the record.
- A multifamily scope is planned building by building: linear feet, heights, downspouts, discharge points and resident access.
The short answer: read the declaration first
For HOA gutters and condo gutters alike, the community’s declaration decides who maintains, repairs and replaces them. Gutters of Kent installs and replaces gutters on condominiums, townhome communities and other multifamily buildings across Kent and South King County, alongside its commercial gutter work, with the work done by licensed and insured contractors. Before anyone measures a roof edge, though, the association and the owner both need to know whose gutter it is, because that answer decides who approves the work, who pays and who signs the contract.
In Washington, a common interest community is created by a recorded instrument the law calls the declaration. Many communities call the package their CC&Rs (covenants, conditions and restrictions), and it usually sits alongside bylaws, rules and sometimes a maintenance chart. The gutter answer is in those documents, not in the general sense that “the HOA handles the outside.”
What Washington law says, and why the documents still control
Washington’s Uniform Common Interest Ownership Act, chapter 64.90 RCW, sets the default split. Under RCW 64.90.440(1), except to the extent the declaration provides otherwise, the association must maintain, repair and replace the common elements, including limited common elements, and each unit owner must maintain, repair and replace their own unit. The words “except to the extent provided by the declaration” are what send every gutter question back to the documents.
The act applies to communities created on or after July 1, 2018, and older communities that amend their declaration to opt in. Communities created before that date have been governed mainly by the older Condominium Act (chapter 64.34 RCW) or the Homeowners’ Associations Act (chapter 64.38 RCW), with only certain sections of the newer act applying to them. The Legislature repealed those older chapters effective January 1, 2028, and RCW 64.90.360 then applies the newer act to all common interest communities, subject to its stated exceptions. For a dispute over a specific community, the association’s attorney is the right reader of the documents; this guide explains the structure so owners and boards can ask the right questions.
Unit, common element or limited common element
Three definitions in RCW 64.90.010 do most of the work. A unit is the part of the community designated for separate ownership. Common elements, in a condominium, are everything that is not a unit. A limited common element is a part of the common elements set aside for the exclusive use of one or more, but fewer than all, of the owners, such as a balcony, a parking space or, in some declarations, a deck roof over one unit.
Where a gutter falls depends on where the declaration draws the unit boundary:
- Condominiums: where the declaration sets unit boundaries at the interior finished surfaces of walls and ceilings, the roof, exterior walls, fascia and gutters sit outside every unit and are common elements. The association maintains them.
- Townhomes: some townhome communities are condominiums and some are plat communities where each owner holds a lot with the structure on it. The same building can be assigned two different ways depending on which form the declaration created.
- Planned communities of detached houses: where the owner holds the lot and the house, the gutters normally go with the house, but some declarations still assign exterior maintenance, or just gutter cleaning, to the association.
- Limited common elements: a gutter serving only one unit’s porch or bay roof may be a limited common element. The association is still responsible by default, though the declaration can assign the cost to the owners who use it.
The board’s power over higher-risk components
RCW 64.90.440(2) lets a board designate, by rule, components an owner is responsible for that pose a heightened risk of damage if they fail, and require specific measures to reduce that risk. If an owner does not do the required work, the association can, after notice and a chance to be heard, enter and do it at the owner’s expense. A board with recurring water damage from owner-maintained gutters and downspouts has that tool available; an owner should check the community’s rules for any such designation.
When board approval is needed for gutter work
Under RCW 64.90.255, an owner may make improvements inside their own unit that do not impair structural integrity or building systems, but may not change the appearance of the common elements without board approval. Gutters on a condominium exterior are usually visible common elements, so a new profile, a different color, gutter guards or a relocated downspout is an appearance change.
In a planned community where the owner holds the house, the approval question is set by the CC&Rs and any architectural guidelines rather than by that statute. Where a community has architectural guidelines, they may list exterior color and trim changes for review, and some exempt like-for-like replacement. The practical sequence is the same either way: confirm the rule, submit the request with the gutter size, profile, color and downspout locations, and schedule the work only after approval. A replacement planned without that step can stall halfway, with the old gutters already off.
When the overflow is “the HOA’s responsibility” but nothing happens
Homeowners report a familiar pattern: a gutter that clearly belongs to the association overflows onto a patio or entry for a whole season while requests go unanswered. The law gives the association the duty and the owner a duty to allow access; it does not set a response time. What moves the issue is a clear record.
- Confirm the assignment. Find the declaration section and any maintenance chart that names gutters, roofs or exterior trim. Quote it.
- Document the water. Photograph the overflow during a steady rain, with the date, and note where the water lands: over the front edge, behind the gutter, at one corner or at the foot of a downspout. That tells the board whether the problem is a clog, a sag, a failing joint or a downspout dumping water at the wall.
- Put the request in writing to the board or the managing agent, attach the photos and the document reference, and ask for a scheduled response.
- Note any damage to siding, trim or the unit, since RCW 64.90.440(3) makes the party responsible for damage liable for its prompt repair.
Gutter cleaning is not offered as a service, so an association whose problem is only debris should route it through its maintenance contract. Where the cause is a sagging run, rotted fascia or an undersized system, the guide to overflowing gutters helps the board see why cleaning alone keeps failing.
How a multifamily gutter scope is planned
A condominium or apartment gutter job runs the same route as a house, from roof edge to discharge, but at a scale where planning carries more weight.
| Factor | Why it matters on a multifamily building |
|---|---|
| Linear feet per building | Long eaves often need outlets at both ends or mid-run to keep each stretch short |
| Height and access | Three-story walls and stair towers change ladder, lift and staging needs |
| Downspout count and size | Large roof areas drain to few outlets; a 3-by-4-inch downspout has twice the cross-section of a 2-by-3 |
| Discharge points | Walkways, entries and parking areas sit where the water lands |
| Fascia condition | Hangers need sound wood; rot found during removal changes the scope |
| Resident access | Parking, patios and entry doors need notice and phasing |
Size is set from the roof, not copied from the old system: the area draining to each run, the pitch, any valleys and the downspouts that carry it out. The gutter size guide explains the method, and how many downspouts you need covers outlet spacing. Older buildings with built-in troughs fall under box gutters, and low-slope sections with parapets are covered in the guide to gutters for flat roofs.
Where the water goes is governed by Kent rules. Kent City Code 7.04.180 bars roof runoff from the sanitary sewer unless the director authorizes it, and KCC 7.05.070 requires a permit to construct, install or modify any storm or surface water drainage facility in the city, so a changed buried tie-in is drainage work. For surface-discharge gutter replacement, check the current rule with the City of Kent Permit Center. The guide to where downspouts should drain covers the options.
What a board should check before signing
Washington’s Department of Labor and Industries requires every construction contractor to register, carry a bond and carry insurance, and L&I’s Verify a Contractor tool shows registration, bond, insurance and any violations; the guide to checking a gutter contractor in Washington walks through the lookup. Under Washington Department of Revenue rules, sales tax applies to the full contract, labor included, at 10.4% at most Kent addresses; confirm the rate for each property with the Department of Revenue’s tax rate lookup.
Ask for a per-building scope rather than one lump sum, so the board can phase the work by condition and budget. The gutter installation cost guide for Kent explains what moves a per-foot price, and the repair vs replacement guide helps decide whether a building needs targeted fixes or a new system. When the documents are read and the scope is clear, you can Get an Estimate for the buildings in question.
Questions about your own house? Call (253) 352-5321 or get an estimate.