RCW 64.34.450 — Washington Code / Title 64 / Chapter 34 / Section 450
RCW 64.34.450: Implied warranties of quality—Exclusion—Modification—Disclaimer—Express written warranty.
Status: in_force

(1) For units intended for nonresidential use, implied warranties of quality: (a) May be excluded or modified by written agreement of the parties; and (b) Are excluded by written expression of disclaimer, such as "as is," "with all faults," or other language which in common understanding calls the buyer's attention to the exclusion of warranties. (2) For units intended for residential use, no disclaimer of implied warranties of quality is effective, except that a declarant or dealer may disclaim liability in writing, in type that is boldfaced, capitalized, underlined, or otherwise set out from surrounding material so as to be conspicuous, and separately signed by the purchaser, for a specified defect or specified failure to comply with applicable law, if: (a) The declarant or dealer knows or has reason to know that the specific defect or failure exists at the time of disclosure; (b) the disclaimer specifically describes the defect or failure; and (c) the disclaimer includes a statement as to the effect of the defect or failure. (3) A declarant or dealer may offer an express written warranty of quality only if the express written warranty does not reduce protections provided to the purchaser by the implied warranty set forth in RCW 64.34.445 .
RCW 64.35.505 — Washington Code / Title 64 / Chapter 35 / Section 505
RCW 64.35.505: Failure to provide information—Conditions or exclusions may not apply.
Status: in_force

(1) If coverage under a qualified warranty is conditional on an owner undertaking proper maintenance, or if coverage is excluded for damage caused by negligence by the owner or association with respect to maintenance or repair by the owner or association, the conditions or exclusions apply only to maintenance requirements or procedures: (a) Provided to the original owner in the case of the unit warranty, and to the association for the common element warranty with an estimation of the required cost thereof for the common element warranty provided in the budget prepared by the declarant; or (b) that would be obvious to a reasonable and prudent layperson. Recommended maintenance requirements and procedures are sufficient for purposes of this subsection if consistent with knowledge generally available in the construction industry at the time the qualified warranty is issued. (2) If an original owner or the association has not been provided with the manufacturer's documentation or warranty information, or both, or with recommended maintenance and repair procedures for any component of a unit, the relevant exclusion does not apply. The common element warranty is included in the written warranty to be provided to the association under RCW 64.34.312 .

PDF RCW 64.35.505

Failure to provide information — Conditions or exclusions may not apply. (Effective January 1, 2028.)

(1) If coverage under a qualified warranty is conditional on an owner undertaking proper maintenance, or if coverage is excluded for damage caused by negligence by the owner or association with respect to maintenance or repair by the owner or association, the conditions or exclusions apply only to maintenance requirements or procedures: (a) Provided to the original owner in the case of the unit warranty, and to the association for the common element warranty with an estimation of the required cost thereof for the common element warranty provided in the budget prepared by the declarant; or (b) that would be obvious to a reasonable and prudent layperson. Recommended maintenance requirements and procedures are sufficient for purposes of this subsection if consistent with knowledge generally available in the construction industry at the time the qualified warranty is issued. (2) If an original owner or the association has not been provided with the manufacturer's documentation or warranty information, or both, or with recommended maintenance and repair procedures for any component of a unit, the relevant exclusion does not apply. The common element warranty is included in the written warranty to be provided to the association under RCW 64.90.420 .
RCW 64.90.710 — Washington Code / Title 64 / Chapter 90 / Section 710
RCW 64.90.710: Transit-oriented development restrictions.
Status: in_force

Declarations and governing documents created after July 27, 2025, and applicable to a common interest community located fully or partially within a station area as defined in RCW 36.70A.030 may not prohibit the construction or development of multifamily housing or transit-oriented development density that must be permitted by cities under RCW 36.70A.840 or require off-street parking inconsistent or in conflict with RCW 36.70A.842 .
RCW 64.90.310 — Washington Code / Title 64 / Chapter 90 / Section 310
RCW 64.90.310: Merger or consolidation.
Status: in_force

(1) Any two or more common interest communities may be merged or consolidated under subsection (2) of this section into a single common interest community by agreement of the unit owners or exercise of a special declarant right. In the event of a merger or consolidation, unless the agreement otherwise provides, the resultant common interest community is the legal successor, for all purposes, of all of the preexisting common interest communities, and the operations and activities of all associations of the preexisting common interest communities are merged or consolidated into a single association that holds all powers, rights, obligations, assets, and liabilities of all preexisting associations. (2) An agreement of two or more common interest communities to merge or consolidate pursuant to subsection (1) of this section must be evidenced by an agreement prepared, executed, recorded, and certified by the president of the association of each of the preexisting common interest communities following approval by unit owners of units to which are allocated the percentage of votes in each common interest community required to terminate that common interest community. If a special declarant right is exercised in a common interest community, approval by the unit owners is not required and the declarant may execute the agreement on behalf of the common interest community. The agreement must be recorded in every county in which a portion of the common interest community is located and is not effective until recorded. (3) Every merger or consolidation agreement, and every amendment providing for a merger or consolidation made by a declarant when exercising a special declarant right, must identify the declaration that will apply to the resultant common interest community and provide for the reallocation of allocated interests among the units of the resultant common interest community either (a) by stating the reallocations or the formulas upon which they are based or (b) by stating the percentage of overall allocated interests of the resultant common interest community that are allocated to all of the units comprising each of the preexisting common interest communities, and providing that the portion of the percentages allocated to each unit formerly comprising a part of the preexisting common interest community is equal to the percentages of allocated interests allocated to that unit by the declaration of the preexisting common interest community.
RCW 64.90.050 — Washington Code / Title 64 / Chapter 90 / Section 050
RCW 64.90.050: Unconscionable agreement or term of contract.
Status: in_force

(1) The court, upon finding as a matter of law that a contract or contract clause was unconscionable at the time the contract was made, may refuse to enforce the contract, enforce the remainder of the contract without the unconscionable clause, or limit the application of any unconscionable clause to avoid an unconscionable result. (2) Whenever it is claimed, or appears to the court, that a contract or any contract clause is or may be unconscionable, the parties, to aid the court in making the determination, must be afforded a reasonable opportunity to present evidence as to: (a) The commercial setting of the negotiations; (b) Whether a party has knowingly taken advantage of the inability of the other party reasonably to protect his or her interests by reason of physical or mental infirmity, illiteracy, inability to understand the language of the agreement, or similar factors; (c) The effect and purpose of the contract or clause; and (d) If a sale, any gross disparity at the time of contracting between the amount charged for the property and the value of that property measured by the price at which similar property was readily obtainable in similar transactions. A disparity between the contract price and the value of the property measured by the price at which similar property was readily obtainable in similar transactions does not, of itself, render the contract unconscionable.
RCW 64.90.670 — Washington Code / Title 64 / Chapter 90 / Section 670
RCW 64.90.670: Implied warranties of quality.
Status: in_force

(1) A declarant and any dealer warrants to a purchaser of a condominium unit that the unit will be in at least as good condition at the earlier of the time of the conveyance or delivery of possession as it was at the time of contracting, except for reasonable wear and tear and damage by casualty or condemnation. (2)(a) If a condominium unit is part of a common interest community organized under this chapter and created prior to July 27, 2025, a declarant and any dealer impliedly warrants to a purchaser of the condominium unit that the unit and the common elements in the condominium are suitable for the ordinary uses of real estate of its type and that any improvements made or contracted for by such declarant or dealer will be: (i) Free from defective materials; (ii) Constructed in accordance with engineering and construction standards, including applicable building codes, generally accepted in the state of Washington at the time of construction; and (iii) Constructed in a workmanlike manner. (b) If a condominium unit is part of a common interest community created on or after July 27, 2025, a declarant and any dealer impliedly warrants to a purchaser of the condominium unit that the unit and the common elements in the condominium are suitable for the ordinary uses of real estate of its type and that any improvements made or contracted for by such declarant or dealer will be: (i) Free from defective materials; (ii) Constructed in accordance with the plans, specifications approved by the applicable jurisdiction for the construction of the condominium, manufacturer installation guidelines, applicable building codes in effect at the time of permit approval, and any published industry standards specifically incorporated into the applicable building codes in effect at the time of permit approval; and (iii) Constructed in a workmanlike manner. For purposes of this subsection (2)(b)(iii), "workmanlike manner" means the degree of care that a reasonably prudent contractor licensed in the state of Washington would exercise under the same or similar circumstances. (3) A declarant and any dealer warrants to a purchaser of a condominium unit that may be used for residential use that an existing use, continuation of which is contemplated by the parties, does not violate applicable law at the earlier of the time of conveyance or delivery of possession. (4) Warranties imposed under this section may be excluded or modified as specified in RCW 64.90.675 . (5) For purposes of this section, improvements made or contracted for by an affiliate of a declarant are made or contracted for by the declarant. (6) Any conveyance of a condominium unit transfers to the purchaser all of a declarant's or dealer's implied warranties of quality. (7)(a) In a proceeding for breach of any of the obligations arising under this section, the purchaser must show that the alleged breach has adversely affected or will adversely affect the performance of that portion of the unit or common elements alleged to be in breach. Nothing in this section limits the ability of a board to bring claims on behalf of two or more unit owners pursuant to RCW 64.90.405 (2)(d). (b) To establish an adverse effect on performance, the purchaser is required to prove that the alleged breach: (i) Is more than technical; (ii) Is significant to a reasonable person; and (iii) Has caused or will cause physical damage to the unit or common elements; has materially impaired the performance of mechanical, electrical, plumbing, elevator, or similar building equipment; or presents an actual, unreasonable safety risk to the occupants of the condominium. (8) Proof of breach of any obligation arising under this section is not proof of damages. Damages awarded for a breach of a warranty arising under subsection (2) of this section are the reasonable cost of repairs. However, if it is established that the cost of such repairs is clearly disproportionate to the loss in market value caused by the breach, damages are limited to the loss in market value.
RCW 64.70.040 — Washington Code / Title 64 / Chapter 70 / Section 040
RCW 64.70.040: Covenants—Contents—Agency discretion—Local land use consideration.
Status: in_force

(1) An environmental covenant must: (a) State that the instrument is an environmental covenant executed pursuant to this chapter; (b) Contain a legally sufficient description of the real property subject to the covenant; (c) Describe with specificity the activity or use limitations on the real property; (d) Identify every holder; (e) Be signed by the agency, every holder, and unless waived by the agency every owner of the fee simple of the real property subject to the covenant; and (f) Identify the name and location of any administrative record for the environmental response project reflected in the environmental covenant. (2) In addition to the information required by subsection (1) of this section, an environmental covenant may contain other information, restrictions, and requirements agreed to by the persons who signed it, including any: (a) Requirements for notice following transfer of a specified interest in, or concerning proposed changes in use of, applications for building permits for, or proposals for any site work affecting the contamination on, the property subject to the covenant; (b) Requirements for periodic reporting describing compliance with the covenant; (c) Rights of access to the property granted in connection with implementation or enforcement of the covenant; (d) Narrative descriptions of the contamination and remedy, including the contaminants of concern, the pathways of exposure, limits on exposure, and the location and extent of the contamination; (e) Limitations on amendment or termination of the covenant in addition to those contained in RCW 64.70.090 and 64.70.100 ; (f) Rights of the holder in addition to its right to enforce the covenant pursuant to RCW 64.70.110 ; (g) Other information, restrictions, or requirements required by the agency, including the department of ecology under the authority of chapter 70A.305 RCW. (3) In addition to other conditions for its approval of an environmental covenant, the agency may require those persons specified by the agency who have interests in the real property to sign the covenant. (4) The agency may also require notice and opportunity to comment upon an environmental covenant as part of public participation efforts related to the environmental response project. (5) The agency shall consult with local land use planning authorities in the development of the land use or activity restrictions in the environmental covenant. The agency shall consider potential redevelopment and revitalization opportunities and obtain information regarding present and proposed land and resource uses, and consider comprehensive land use plan and zoning provisions applicable to the real property to be subject to the environmental covenant.
RCW 64.35.420 — Washington Code / Title 64 / Chapter 35 / Section 420
RCW 64.35.420: Limits on amounts—Calculation of costs—Adjustments.
Status: in_force

(1) A qualified insurer may establish a monetary limit on the amount of the warranty. Any limit must not be less than: (a) For a unit, the lesser of (i) the original purchase price paid by the owner, or (ii) one hundred thousand dollars; (b) For common elements, the lesser of (i) the total original purchase price for all components of the multiunit building, or (ii) one hundred fifty thousand dollars times the number of units of the condominium. (2) When calculating the cost of warranty claims under the standard limits under a qualified warranty, a qualified insurer may include: (a) The cost of repairs; (b) The cost of any investigation, engineering, and design required for the repairs; and (c) The cost of supervision of repairs, including professional review, but excluding legal costs. (3) The minimum amounts in subsections (1) and (2) of this section shall be adjusted at the end of each calendar year after the effective date by an amount equal to the percentage change in the consumer price index for all urban consumers, all items, as published from time to time by the United States department of labor. The adjustment does not affect any qualified warranty issued before the adjustment date.
RCW 64.90.570 — Washington Code / Title 64 / Chapter 90 / Section 570
RCW 64.90.570: Licensed family home child care or licensed child day care center—Rules—Liability.
Status: in_force

(1) A unit owners association may not adopt or enforce a restriction, covenant, condition, bylaw, rule, provision of a governing document, or master deed provision that effectively prohibits or unreasonably restricts the use of a unit as a licensed family home child care operated by a family day care provider or as a licensed child day care center, except as provided in subsection (2) of this section. (2)(a) Nothing in this section prohibits a unit owners association from imposing reasonable rules on a family home child care or a child day care center including, but not limited to, architectural standards, as long as those rules are identical to those applied to all other units restricted to similar uses within the same common interest community as the family home child care or the child day care center. (b) An association may require that only a unit with direct access may be used as a family home child care or child day care center. A unit has direct access if it is accessible from public property or through publicly accessible common elements. (c) An association may adopt or enforce a restriction, covenant, condition, bylaw, rule, provision of a governing document, or master deed provision that requires a family home child care or a child day care center operating out of a unit within the association to: (i) Be licensed under chapter 43.216 RCW; (ii) Indemnify and hold harmless the association against all claims, whether brought by judicial or administrative action, relating to the operation of the family home child care or the child day care center, excluding claims arising from the condition of a common element that the association is solely responsible for maintaining; (iii) Obtain a signed waiver of liability releasing the association from legal claims directly related to the operation of the family home child care or the child day care center from the parent, guardian, or caretaker of each child being cared for by the family home child care or the child day care center. However, an association may not require that a waiver of liability under this subsection be notarized; (iv) Obtain day care insurance as defined in RCW 48.88.020 or provide self-insurance pursuant to chapter 48.90 RCW, consistent with the requirements in RCW 43.216.700 ; and (v) Pay any costs or expenses, including insurance costs, arising from the operation of the facility. (3) A unit owners association that willfully violates this section is liable to the family day care provider or the child day care center for actual damages, and shall pay a civil penalty to the family day care provider or the child day care center in an amount not to exceed $1,000. (4) For the purposes of this section, the terms "family day care provider" and "child day care center" have the same meanings as in RCW 43.216.010 .
RCW 64.44.005 — Washington Code / Title 64 / Chapter 44 / Section 005
RCW 64.44.005: Legislative finding.
Status: in_force

The legislature finds that some properties are being contaminated by hazardous chemicals used in unsafe or illegal ways in the manufacture of illegal drugs or by hazardous drugs contaminating transient accommodations regulated by the department. Innocent members of the public may be harmed by the residue left by these chemicals when the properties are subsequently rented or sold without having been decontaminated.
RCW 64.34.272 — Washington Code / Title 64 / Chapter 34 / Section 272
RCW 64.34.272: Rights of secured lenders.
Status: in_force

The declaration may require that all or a specified number or percentage of the holders of mortgages encumbering the units approve specified actions of the unit owners or the association as a condition to the effectiveness of those actions, but no requirement for approval may operate to (1) deny or delegate control over the general administrative affairs of the association by the unit owners or the board of directors, or (2) prevent the association or the board of directors from commencing, intervening in, or settling any litigation or proceeding, or receiving and distributing any insurance proceeds except pursuant to RCW 64.34.352 . With respect to any action requiring the consent of a specified number or percentage of mortgagees, the consent of only eligible mortgagees holding a first lien mortgage need be obtained and the percentage shall be based upon the votes attributable to units with respect to which eligible mortgagees have an interest.
RCW 64.90.250 — Washington Code / Title 64 / Chapter 90 / Section 250
RCW 64.90.250: Development rights.
Status: reserved

(1) To exercise any development right reserved under RCW 64.90.225 (1)(g), the declarant must prepare, execute, and record any amendments to the declaration and map in accordance with the requirements of RCW 64.90.245 and 64.90.285 (3). The declarant is the unit owner of any units created. The amendment to the declaration must assign an identifying number to each new unit created and, except in the case of subdivision, combination, or conversion of units described in subsection (3) of this section, reallocate the allocated interests among all units. The amendment must describe any common elements and any limited common elements created and, in the case of limited common elements, designate the unit to which each is allocated to the extent required under RCW 64.90.240 . The amendments are effective upon recording. (2) Development rights may be reserved within any real estate added to the common interest community if the amendment to the declaration adding that real estate includes all matters required under RCW 64.90.225 and 64.90.230 and the amendment to the map includes all matters required under RCW 64.90.245 . This subsection does not extend the time limit on the exercise of development rights imposed by the declaration pursuant to RCW 64.90.225 (1)(h). (3) When a declarant exercises a development right to subdivide, combine, or convert a unit previously created into additional units or common elements, or both: (a) If the declarant converts the unit entirely into common elements, the amendment to the declaration must reallocate all the allocated interests of that unit among the other units as if that unit had been taken by condemnation under RCW 64.90.030 ; or (b) If the declarant subdivides the unit into two or more units, whether or not any part of the unit is converted into common elements, the amendment to the declaration must reallocate all the allocated interests of the unit among the units created by the subdivision in any reasonable manner prescribed by the declarant. (4) If the declaration provides, pursuant to RCW 64.90.225 (1)(h), that all or a portion of the real estate is subject to a right of withdrawal: (a) If all the real estate is subject to withdrawal, and the declaration or map or amendment to the declaration or map does not describe separate portions of real estate subject to that right, none of the real estate may be withdrawn if a unit in that real estate has been conveyed to a purchaser; or (b) If any portion of the real estate is subject to withdrawal as described in the declaration or map or amendment to the declaration or map, none of that portion of the real estate may be withdrawn if a unit in that portion has been conveyed to a purchaser. (5) If the declarant combines two or more units into a lesser number of units, whether or not any part of a unit is converted into common elements or common elements are converted units, the amendment to the declaration must reallocate all of the allocated interests of the units being combined into the unit or units created by the combination in any reasonable manner prescribed by the declarant. (6) A unit conveyed to a purchaser may not be withdrawn pursuant to subsection (4)(a) or (b) of this section without the consent of the unit owner of that unit and the holder of a security interest in the unit.
RCW 64.38.170 — Washington Code / Title 64 / Chapter 38 / Section 170
RCW 64.38.170: Occupancy limits.
Status: in_force

Except for occupancy limits on short-term rentals as defined in RCW 64.37.010 and any lawful limits on occupant load per square foot or generally applicable health and safety provisions as established by applicable building code, city ordinance, or county ordinance, a homeowners' association may not adopt or enforce a restriction, covenant, condition, bylaw, rule, regulation, provision of a governing document, or master deed provision that regulates or limits the number of unrelated persons that may occupy a lot.
RCW 64.90.490 — Washington Code / Title 64 / Chapter 90 / Section 490
RCW 64.90.490: Other liens.
Status: in_force

(1) In a condominium, plat community, and miscellaneous community: (a) Except as otherwise provided in (b) of this subsection, a judgment for money against the association perfected under RCW 4.64.020 is not a lien on the common elements, but is a lien in favor of the judgment lienholder against all of the other real estate of the association and all of the units in the common interest community at the time the judgment was entered. Other property of a unit owner is not subject to the claims of creditors of the association. (b) If the association has granted a security interest in the common elements to a creditor of the association pursuant to RCW 64.90.465 , the holder of that security interest must exercise its right against the common elements before its judgment lien on any unit may be enforced. (c) Whether perfected before or after the creation of the common interest community, if a lien, other than a deed of trust or mortgage, including a judgment lien or lien attributable to work performed or materials supplied before creation of the common interest community, becomes effective against two or more units, the unit owner of an affected unit may pay to the lienholder the amount of the lien attributable to the unit, and the lienholder, upon receipt of payment, must promptly deliver a release of the lien covering that unit. The amount of the payment must be proportionate to the ratio that the unit owner's common expense liability bears to the common expense liabilities of all unit owners that are subject to the lien. After payment, the association may not assess or have a lien against that unit owner's unit for any portion of the common expenses incurred in connection with that lien. (d) A judgment against the association must be recorded and indexed in the name of the common interest community and the association and, when so indexed, is notice of the lien against the units. (2) In a cooperative: (a) If the association receives notice of an impending foreclosure on all or any portion of the association's real estate, the association must promptly transmit a copy of that notice to each unit owner of a unit located within the real estate to be foreclosed. Failure of the association to transmit the notice does not affect the validity of the foreclosure. (b) Whether a unit owner's unit is subject to the claims of the association's creditors, other property of a unit owner is not subject to those claims.
RCW 64.90.445 — Washington Code / Title 64 / Chapter 90 / Section 445
RCW 64.90.445: Meetings.
Status: in_force

(1) The following requirements apply to unit owner meetings: (a) A meeting of the association must be held at least once each year. Failure to hold an annual meeting does not cause a forfeiture or give cause for dissolution of the association and does not affect otherwise valid association acts. (b)(i) An association must hold a special meeting of unit owners to address any matter affecting the common interest community or the association if its president, a majority of the board, or unit owners having at least 20 percent, or any lower percentage specified in the organizational documents, of the votes in the association request that the secretary call the meeting. (ii) If the association does not provide notice to unit owners of a special meeting within 30 days after the requisite number or percentage of unit owners request the secretary to do so, the requesting members may directly provide notice to all the unit owners of the meeting. The unit owners may discuss at a special meeting a matter not described in the notice under (c) of this subsection but may not take action on the matter without the consent of all unit owners. (c) An association must provide notice to unit owners of the time, date, and place of each annual and special unit owners meeting not less than 14 days and not more than 50 days before the meeting date. Notice may be by any means described in RCW 64.90.515 . The notice of any meeting must state the time, date, and place of the meeting and the items on the agenda, including: (i) The text of any proposed amendment to the declaration or organizational documents; and (ii) Any proposal to remove a board member or, if the declaration or organizational documents provide for the election of officers by the unit owners, any proposal to remove an officer. (d) Unit owners must be given a reasonable opportunity at any meeting to comment regarding any matter affecting the common interest community or the association. (e) A meeting of unit owners is not required to be held at a physical location if the meeting is conducted in accordance with subsection (3) of this section. (f) In the notice for a meeting held at a physical location, the board may notify all unit owners that they may participate remotely in the meeting by a means of communication described in subsection (3) of this section. (2) The following requirements apply to meetings of the board and committees authorized to act for the board: (a) Meetings must be open to the unit owners except during executive sessions, but the board may expel or prohibit attendance by any person who, after warning by the chair of the meeting, disrupts the meeting. The board and those committees may hold an executive session only during a regular or special meeting of the board or a committee. A final vote or action may not be taken during an executive session. (b) An executive session may be held only to: (i) Consult with the association's attorney concerning legal matters; (ii) Discuss existing or potential litigation or mediation, arbitration, or administrative proceedings; (iii) Discuss labor or personnel matters; (iv) Discuss contracts, leases, and other commercial transactions to purchase or provide goods or services currently being negotiated, including the review of bids or proposals, if premature general knowledge of those matters would place the association at a disadvantage; or (v) Prevent public knowledge of the matter to be discussed if the board or committee determines that public knowledge would violate the privacy of any person. (c) For purposes of this subsection, a gathering of members of the board or committees at which the board or committee members do not conduct association business is not a meeting of the board or committee. Board members and committee members may not use incidental or social gatherings to evade the open meeting requirements of this subsection. (d) During the period of declarant control, the board must meet at least four times a year. At least one of those meetings must be held at the common interest community or at a place convenient to the community. After the transition meeting, unless the organizational documents provide otherwise, and except as otherwise provided in subsection (3) of this section, all board meetings must be at the common interest community or at a place convenient to the common interest community. (e) At each board meeting, the board must provide a reasonable opportunity for unit owners to comment regarding matters affecting the common interest community and the association. The board must provide at least 15 minutes at the beginning of each meeting for unit owners to comment about agenda items before the board votes. The board may place reasonable time restrictions of not less than 90 seconds per owner per unit, except that the time per owner per unit may be reduced and allocated equally if more than 10 unit owners wish to comment. (f) Unless the meeting is included in a schedule given to the unit owners, the secretary or other officer specified in the organizational documents must provide notice of each board meeting to each board member and to the unit owners. The notice must be given at least 14 days before the meeting and must state the time, date, place, and agenda of the meeting. Notwithstanding the foregoing, notice of a meeting to address an event or condition that could not have been reasonably foreseen and for which it is impracticable to provide notice as otherwise required by this chapter must be given at least seven days before the meeting and by means of electronic communication to unit owners whose electronic address or phone number is known to the association. (g) If any materials are distributed to the board before the meeting, the board must make copies of those materials reasonably available to the unit owners, except that the board need not make available copies of unapproved minutes or materials that are to be considered in executive session. (h) Notwithstanding the governing documents, fewer than all board members may participate in a regular or special meeting by or conduct a meeting through the use of any means of communication by which all board members participating can hear each other during the meeting. A board member participating in a meeting by these means is deemed to be present in person at the meeting. (i) Prior to the transition meeting, without a meeting, the board may act by unanimous consent as documented in a record by all its members. Actions taken by unanimous consent must be kept as a record of the association with the meeting minutes. After the transition meeting, the board may act by unanimous consent only to undertake ministerial actions, actions subject to ratification by the unit owners, or to implement actions previously taken at a meeting of the board. (j) A board member who is present at a board meeting at which any action is taken is presumed to have assented to the action taken unless the board member's dissent or abstention to such action is lodged with the person acting as the secretary of the meeting before adjournment of the meeting or provided in a record to the secretary of the association immediately after adjournment of the meeting. The right to dissent or abstain does not apply to a board member who voted in favor of such action at the meeting. (k) A board member may not vote by proxy or absentee ballot. (l) Even if an action by the board is not in compliance with this section, it is valid unless set aside by a court. An action seeking relief for failure of the board to comply with this section may not be brought more than 90 days after the minutes of the board of the meeting at which the action was taken are approved or the record of that action is distributed to unit owners, whichever is later. (3) Notwithstanding the governing documents, any meeting may be held by telephonic, video, or other conferencing process if: (a) The meeting notice states the conferencing process to be used and provides information explaining how to participate in the conference; (b) The process provides all participants the opportunity to hear or perceive the discussion and to comment as provided in subsection (2)(e) of this section; (c) Any votes of the board members are conducted by roll call or other verbal vote; and (d) Any person entitled to participate in the meeting is given the option of participating by telephone. (4) Minutes of all unit owner meetings and board meetings, excluding executive sessions, must be maintained in a record. The decision on each matter voted upon at a board meeting or unit owner meeting must be recorded in the minutes.
RCW 64.90.565 — Washington Code / Title 64 / Chapter 90 / Section 565
RCW 64.90.565: Tenant screening.
Status: in_force

(1) Except as otherwise prohibited by law, and subject to the limitations in subsection (2) of this section, a unit owners association may: (a) Require any unit owner intending to lease the owner's unit to use a tenant screening service or obtain background information, including criminal history, on a prospective tenant, at the owner's sole cost and expense, prior to the owner entering into a lease agreement with a prospective tenant; and (b) Require proof that the tenant screening requirement has been fulfilled or that the background information on a prospective tenant has been obtained by the owner intending to lease the owner's unit. (2) An association may not require that a copy of the tenant screening report or any background information pertaining to a tenant be furnished to the association.
RCW 64.90.260 — Washington Code / Title 64 / Chapter 90 / Section 260
RCW 64.90.260: Unit boundaries—Relocation.
Status: in_force

(1) Subject to the provisions of the declaration, RCW 64.90.255 , and other provisions of law, the boundaries between adjoining units may be relocated upon application to the board by the unit owners of those units and upon approval by the board pursuant to this section. The application must include plans showing the relocated boundaries and such other information as the board may require. If the unit owners of the adjoining units have specified a reallocation between their units of their allocated interests, the application must state the proposed reallocations. Unless the board determines, after receipt of all required information, that the reallocations are unreasonable or that the proposed boundary relocation does not comply with the declaration, RCW 64.90.255 , or other provisions of law, the board must approve the application and prepare any amendments to the declaration and map in accordance with the requirements of subsection (3) of this section. (2)(a) The boundary of a unit may be relocated only by an amendment to the declaration. A unit owner may request the board to amend the declaration to include all or part of a common element within the unit owner's unit. The board may prescribe in the amendment a fee or charge payable by the unit owner to the association in connection with the relocation. (b) The board may approve the amendment only if the unit owners of units to which at least 67 percent of the votes are allocated, including at least 67 percent of the votes that are allocated to units not owned by the declarant, vote under RCW 64.90.455 to approve the amendment. (3) The association and the owners of the units whose boundaries are relocated must execute an amendment under this section. The amendment must contain words of conveyance between the parties. The association shall record the amendment as provided in RCW 64.90.285 . The association: (a) In a condominium, plat community, or miscellaneous community shall prepare and record an amendment to the map necessary to show the altered boundaries of affected units and their dimensions and identifying numbers; and (b) In a cooperative shall prepare and record amendments to the declaration, including any amendment to the map necessary to show or describe the altered boundaries of affected units, and their dimensions and identifying numbers. (4) All costs, including reasonable attorneys' fees, incurred by the association for preparing and recording amendments to the declaration and map under this section must be assessed to the unit, the boundaries of which are being relocated.
RCW 64.90.5111 — Washington Code / Title 64 / Chapter 90 / Section 5111
RCW 64.90.5111: Governing documents—Unlawful restriction—Amendment.
Status: in_force

(1) An amendment under RCW 64.90.511 must identify the association of owners, the real property affected, and the document containing the unlawful restriction. The amendment must include a conspicuous statement in substantially the following form: "This amendment removes from this deed or other document affecting title to real property an unlawful restriction as defined under RCW 64.90.511 . This amendment does not affect the validity or enforceability of a restriction that is not an unlawful restriction." (2) The amendment must be executed and acknowledged in the manner required for recordation of a document in the land records. The amendment must be recorded in the land records of each county in which the document containing the unlawful restriction is recorded. (3) The amendment does not affect the validity or enforceability of any restriction that is not an unlawful restriction. (4) The amendment or a future conveyance of the affected real property is not a republication of a restriction that otherwise would expire by passage of time under other law of this state.
RCW 64.35.515 — Washington Code / Title 64 / Chapter 35 / Section 515
RCW 64.35.515: Duty to mitigate may be required.
Status: in_force

(1) The qualified insurer may require an owner or association to mitigate any damage to a unit or the common elements, including damage caused by defects or water penetration, as set out in the qualified warranty. (2) Subject to subsection (3) of this section, for defects covered by the qualified warranty, the duty to mitigate is met through timely notice in writing to the qualified insurer. (3) The owner must take all reasonable steps to restrict damage to the unit if the defect requires immediate attention. (4) The owner's duty to mitigate survives even if: (a) The unit is unoccupied; (b) The unit is occupied by someone other than the owner; (c) Water penetration does not appear to be causing damage; or (d) The owner advises the homeowners' association corporation about the defect. (5) If damage to a unit is caused or made worse by the failure of an owner to take reasonable steps to mitigate as set out in this section, the damage may, at the option of the qualified insurer, be excluded from qualified warranty coverage.
RCW 64.55.030 — Washington Code / Title 64 / Chapter 55 / Section 030
RCW 64.55.030: Inspection required.
Status: in_force

All multiunit residential buildings shall have the building enclosure inspected by a qualified inspector during the course of initial construction and during rehabilitative construction.
RCW 64.55.100 — Washington Code / Title 64 / Chapter 55 / Section 100
RCW 64.55.100: Arbitration—Election—Number of arbitrators—Qualifications—Trial de novo.
Status: in_force

(1) If the declarant, an association, or a party unit owner demands an arbitration by filing such demand with the court not less than thirty and not more than ninety days after filing or service of the complaint, whichever is later, the parties shall participate in a private arbitration hearing. The declarant, the association, and the party unit owner do not have the right to compel arbitration without giving timely notice in compliance with this subsection. Unless otherwise agreed by the parties, the arbitration hearing shall commence no more than fourteen months from the later of the filing or service of the complaint. (2) Unless otherwise agreed by the parties, claims that in aggregate are for less than one million dollars shall be heard by a single arbitrator and all other claims shall be heard by three arbitrators. As used in this chapter, arbitrator also means arbitrators where applicable. (3) Unless otherwise agreed by the parties, the court shall appoint the arbitrator, who shall be a current or former attorney with experience as an attorney, judge, arbitrator, or mediator in construction defect disputes involving the application of Washington law. (4) Upon conclusion of the arbitration hearing, the arbitrator shall file the decision and award with the clerk of the superior court, together with proof of service thereof on the parties. Within twenty days after the filing of the decision and award, any aggrieved party may file with the clerk a written notice of appeal and demand for a trial de novo in the superior court on all claims between the appealing party and an adverse party. As used in this section, "adverse party" means the party who either directly asserted or defended claims against the appealing party. The demand shall identify the adverse party or parties and all claims between those parties shall be included in the trial de novo. The right to a trial de novo includes the right to a jury, if demanded. The court shall give priority to the trial date for the trial de novo. (5) If the judgment for damages, not including awards of fees and costs, in the trial de novo is not more favorable to the appealing party than the damages awarded by the arbitrator, not including awards of fees and costs, the appealing party shall pay the nonappealing adverse party's costs and fees incurred after the filing of the appeal, including reasonable attorneys' fees so incurred. (6) If the judgment for damages, not including awards of fees and costs, in the trial de novo is more favorable to the appealing party than the damages awarded by the arbitrator, not including awards of fees and costs, then the court may award costs and fees, including reasonable attorneys' fees, incurred after the filing of the request for trial de novo in accordance with applicable law; provided if such a judgment is not more favorable to the appealing party than the most recent offer of judgment, if any, made pursuant to RCW 64.55.160 , the court shall not make an award of fees and costs to the appealing party. (7) If a party is entitled to an award with respect to the same fees and costs pursuant to this section and RCW 64.55.160 , then the party shall only receive an award of fees and costs as provided in and limited by RCW 64.55.160 . Any award of fees and costs pursuant to subsections (5) or (6) of this section is subject to review in the event of any appeal thereof otherwise permitted by applicable law or court rule.
RCW 64.34.394 — Washington Code / Title 64 / Chapter 34 / Section 394
RCW 64.34.394: Installation of drought resistant landscaping or wildfire ignition resistant landscaping.
Status: in_force

(1) The declaration of a condominium and any bylaws, rules, and regulations adopted by the association may not prohibit the installation of drought resistant landscaping or wildfire ignition resistant landscaping. However, the declaration or bylaws, rules, and regulations may include reasonable rules regarding the placement and aesthetic appearance of drought resistant landscaping or wildfire ignition resistant landscaping, as long as the rules do not render the use of drought resistant landscaping or wildfire ignition resistant landscaping unreasonably costly or otherwise effectively infeasible. (2) If a property is located within the geographic designation of an order of a drought condition issued by the department of ecology under RCW 43.83B.405 , an association may not impose a fine or assessment against an owner, or resident on the owner's property, for reducing or eliminating the watering of vegetation or lawns for the duration of the drought condition order. (3) Nothing in this section may be construed to prohibit or restrict the establishment and maintenance of a fire buffer within the building ignition zone. (4) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise. (a) "Building ignition zone" means a building and surrounding area up to two hundred feet from the foundation. (b) "Drought resistant landscaping" means the use of any noninvasive vegetation adapted to arid or dry conditions, stone, or landscaping rock. (c) "Firewise" means the firewise communities program developed by the national fire protection association, which encourages local solutions for wildfire safety by involving homeowners, community leaders, planners, developers, firefighters, and others in the effort to protect people and property from wildfire risks. (d) "Wildfire ignition resistant landscaping" includes: (i) Any landscaping tools or techniques, or noninvasive vegetation, that do not readily ignite from a flame or other ignition source; or (ii) The use of firewise methods to reduce ignition risk in a building ignition zone.
RCW 64.34.050 — Washington Code / Title 64 / Chapter 34 / Section 050
RCW 64.34.050: Local ordinances, regulations, and building codes—Applicability.
Status: in_force

(1) A zoning, subdivision, building code, or other real property law, ordinance, or regulation may not prohibit the condominium form of ownership or impose any requirement upon a condominium which it would not impose upon a physically identical development under a different form of ownership. Otherwise, no provision of this chapter invalidates or modifies any provision of any zoning, subdivision, building code, or other real property use law, ordinance, or regulation. (2) This section shall not prohibit a county legislative authority from requiring the review and approval of declarations and amendments thereto and termination agreements executed pursuant to RCW 64.34.268 (2) by the county assessor solely for the purpose of allocating the assessed value and property taxes. The review by the assessor shall be done in a reasonable and timely manner.
RCW 64.36.225 — Washington Code / Title 64 / Chapter 36 / Section 225
RCW 64.36.225: Liability of registrant or applicant for costs of proceedings.
Status: in_force

A registrant or applicant against whom an administrative or legal proceeding authorized under this chapter has been filed, shall be liable for and reimburse to the state of Washington by payment into the business and professions account created in RCW 43.24.150 , all administrative and legal costs, including attorneys' fees, incurred by the department in issuing and conducting administrative or legal proceedings that result in a final legal or administrative determination of any type or degree, in favor of the department or the state of Washington.
RCW 64.38.034 — Washington Code / Title 64 / Chapter 38 / Section 034
RCW 64.38.034: Political yard signs—Governing documents.
Status: in_force

(1) The governing documents may not prohibit the outdoor display of political yard signs by an owner or resident on the owner's or resident's property before any primary or general election. The governing documents may include reasonable rules and regulations regarding the placement and manner of display of political yard signs. (2) This section applies retroactively to any governing documents in effect on July 24, 2005. Any provision in a governing document in effect on July 24, 2005, that is inconsistent with this section is void and unenforceable.
RCW 64.90.090 — Washington Code / Title 64 / Chapter 90 / Section 090
RCW 64.90.090: Prior condominium statutes.
Status: in_force

(1) Chapter 64.32 RCW does not apply to condominiums created on or after July 1, 1990, and except as otherwise provided in subsection (2) of this section, chapter 64.34 RCW does not apply to condominiums created on or after July 1, 2018. (2) RCW 64.34.405 , 64.34.410 , 64.34.415 , 64.34.417 , 64.34.418 , and 64.34.420 continue to apply, and RCW 64.90.605 , 64.90.610 , 64.90.615 , 64.90.620 , 64.90.625 , 64.90.630 , and 64.90.635 do not apply, to any public offering statement first delivered to a prospective purchaser prior to July 1, 2018, for any common interest community created on or after July 1, 2018. A declarant or dealer who first delivered a public offering statement to a prospective purchaser pursuant to chapter 64.34 RCW prior to July 1, 2018, is not required to deliver a new or amended public offering statement to that purchaser pursuant to chapter 238, Laws of 2019.
RCW 68.32.140 — Washington Code / Title 64 / Chapter 32 / Section 140
RCW 68.32.140: Termination of vested right by waiver.
Status: in_force

A vested right of placement may be waived and is terminated upon the placement elsewhere of the remains of the person in whom vested.The declaration, any amendment thereto, any instrument by which the property may be removed from this chapter and every instrument affecting the property or any apartment shall be entitled to be recorded in the office of the auditor of the county in which the property is located. Neither the declaration nor any amendment thereof shall be valid unless duly recorded.
RCW 64.34.376 — Washington Code / Title 64 / Chapter 34 / Section 376
RCW 64.34.376: Association as trustee.
Status: in_force

With respect to a third person dealing with the association in the association's capacity as a trustee, the existence of trust powers and their proper exercise by the association may be assumed without inquiry. A third person is not bound to inquire whether the association has power to act as trustee or is properly exercising trust powers. A third person, without actual knowledge that the association is exceeding or improperly exercising its powers, is fully protected in dealing with the association as if it possessed and properly exercised the powers it purports to exercise. A third person is not bound to assure the proper application of trust assets paid or delivered to the association in its capacity as trustee.
RCW 64.34.308 — Washington Code / Title 64 / Chapter 34 / Section 308
RCW 64.34.308: Board of directors and officers.
Status: in_force

(1) Except as provided in the declaration, the bylaws, subsection (2) of this section, or other provisions of this chapter, the board of directors shall act in all instances on behalf of the association. In the performance of their duties, the officers and members of the board of directors are required to exercise: (a) If appointed by the declarant, the care required of fiduciaries of the unit owners; or (b) if elected by the unit owners, ordinary and reasonable care. (2) The board of directors shall not act on behalf of the association to amend the declaration in any manner that requires the vote or approval of the unit owners pursuant to RCW 64.34.264 , to terminate the condominium pursuant to RCW 64.34.268 , or to elect members of the board of directors or determine the qualifications, powers, and duties, or terms of office of members of the board of directors pursuant to subsection (7) of this section; but the board of directors may fill vacancies in its membership for the unexpired portion of any term. (3) Except as provided in RCW 64.90.080 , 64.90.405 (1) (b) and (c), and 64.90.525 , within thirty days after adoption of any proposed budget for the condominium, the board of directors shall provide a summary of the budget to all the unit owners and shall set a date for a meeting of the unit owners to consider ratification of the budget not less than fourteen nor more than sixty days after mailing of the summary. Unless at that meeting the owners of units to which a majority of the votes in the association are allocated or any larger percentage specified in the declaration reject the budget, the budget is ratified, whether or not a quorum is present. In the event the proposed budget is rejected or the required notice is not given, the periodic budget last ratified by the unit owners shall be continued until such time as the unit owners ratify a subsequent budget proposed by the board of directors. (4) As part of the summary of the budget provided to all unit owners, the board of directors shall disclose to the unit owners: (a) The current amount of regular assessments budgeted for contribution to the reserve account, the recommended contribution rate from the reserve study, and the funding plan upon which the recommended contribution rate is based; (b) If additional regular or special assessments are scheduled to be imposed, the date the assessments are due, the amount of the assessments per each unit per month or year, and the purpose of the assessments; (c) Based upon the most recent reserve study and other information, whether currently projected reserve account balances will be sufficient at the end of each year to meet the association's obligation for major maintenance, repair, or replacement of reserve components during the next thirty years; (d) If reserve account balances are not projected to be sufficient, what additional assessments may be necessary to ensure that sufficient reserve account funds will be available each year during the next thirty years, the approximate dates assessments may be due, and the amount of the assessments per unit per month or year; (e) The estimated amount recommended in the reserve account at the end of the current fiscal year based on the most recent reserve study, the projected reserve account cash balance at the end of the current fiscal year, and the percent funded at the date of the latest reserve study; (f) The estimated amount recommended in the reserve account based upon the most recent reserve study at the end of each of the next five budget years, the projected reserve account cash balance in each of those years, and the projected percent funded for each of those years; and (g) If the funding plan approved by the association is implemented, the projected reserve account cash balance in each of the next five budget years and the percent funded for each of those years. (5)(a) Subject to subsection (6) of this section, the declaration may provide for a period of declarant control of the association, during which period a declarant, or persons designated by the declarant, may: (i) Appoint and remove the officers and members of the board of directors; or (ii) veto or approve a proposed action of the board or association. A declarant's failure to veto or approve such proposed action in writing within thirty days after receipt of written notice of the proposed action shall be deemed approval by the declarant. (b) Regardless of the period provided in the declaration, a period of declarant control terminates no later than the earlier of: (i) Sixty days after conveyance of seventy-five percent of the units which may be created to unit owners other than a declarant; (ii) two years after the last conveyance or transfer of record of a unit except as security for a debt; (iii) two years after any development right to add new units was last exercised; or (iv) the date on which the declarant records an amendment to the declaration pursuant to which the declarant voluntarily surrenders the right to further appoint and remove officers and members of the board of directors. A declarant may voluntarily surrender the right to appoint and remove officers and members of the board of directors before termination of that period pursuant to (i), (ii), and (iii) of this subsection (5)(b), but in that event the declarant may require, for the duration of the period of declarant control, that specified actions of the association or board of directors, as described in a recorded instrument executed by the declarant, be approved by the declarant before they become effective. (6) Not later than sixty days after conveyance of twenty-five percent of the units which may be created to unit owners other than a declarant, at least one member and not less than twenty-five percent of the members of the board of directors must be elected by unit owners other than the declarant. Not later than sixty days after conveyance of fifty percent of the units which may be created to unit owners other than a declarant, not less than thirty-three and one-third percent of the members of the board of directors must be elected by unit owners other than the declarant. (7) Within thirty days after the termination of any period of declarant control, the unit owners shall elect a board of directors of at least three members, at least a majority of whom must be unit owners. The number of directors need not exceed the number of units then in the condominium. The board of directors shall elect the officers. Such members of the board of directors and officers shall take office upon election. (8) Notwithstanding any provision of the declaration or bylaws to the contrary, the unit owners, by a two-thirds vote of the voting power in the association present and entitled to vote at any meeting of the unit owners at which a quorum is present, may remove any member of the board of directors with or without cause, other than a member appointed by the declarant. The declarant may not remove any member of the board of directors elected by the unit owners. Prior to the termination of the period of declarant control, the unit owners, other than the declarant, may remove by a two-thirds vote, any director elected by the unit owners.
RCW 64.38.062 — Washington Code / Title 64 / Chapter 38 / Section 062
RCW 64.38.062: Electric vehicle charging stations.
Status: in_force

(1)(a) A homeowners' association may not adopt or enforce a restriction, covenant, condition, bylaw, rule, regulation, provision of a governing document, or master deed provision that: (i) Effectively prohibits or unreasonably restricts the installation or use of an electric vehicle charging station in compliance with the requirements of this section and for the personal noncommercial use of a lot owner, within the boundaries of a lot or in a designated parking space; or (ii) Is in conflict with the provisions of this section. (b) Nothing in this section prohibits an association from imposing reasonable restrictions on electric vehicle charging stations. However, it is the policy of the state to promote, encourage, and remove obstacles to the use of electric vehicle charging stations. (2) A homeowners' association may require a lot owner to submit an application for approval for the installation of an electric vehicle charging station before installing the charging station. (3)(a) If approval is required for the installation or use of an electric vehicle charging station, the application for approval must be processed and approved in the same manner as an application for approval of an architectural modification. (b) The approval or denial of an application must be in writing and must not be willfully avoided or delayed. (c) If an application is not denied in writing within 60 days from the date of receipt of the application, the application is deemed approved, unless that delay is the result of a reasonable request for additional information. (d) A homeowners' association may not assess or charge a lot owner a fee for the placement of an electric vehicle charging station. An association may charge a reasonable fee for processing the application to approve the installation of an electric vehicle charging station, but only if such a fee exists for all applications for approval of architectural modifications. (4) If approval is required for the installation or use of an electric vehicle charging station, a homeowners' association must approve the installation within the boundaries of a lot or in a designated parking space if the installation is reasonably possible and the lot owner agrees in writing to: (a) Comply with the association's reasonable architectural standards applicable to the installation of the electric vehicle charging station; (b) Engage an electrical contractor familiar with the standards for the installation of electric vehicle infrastructure to assess the existing infrastructure necessary to support the proposed electric vehicle charging station, identify additional infrastructure needs, and install the electric vehicle charging station; (c) Register the electric vehicle charging station with the association within 30 days after installation; (d) Pay for the electricity usage associated with the electric vehicle charging station and the required means to facilitate payment for the electricity; and (e) Comply with the requirements of this section. (5)(a) A lot owner must obtain any permit or approval for an electric vehicle charging station as required by the local government in which the common interest community is located and comply with all relevant building codes and safety standards. (b) An electric vehicle charging station must meet all applicable health and safety standards and requirements imposed by national, state, or local authorities, and all other applicable zoning, land use or other ordinances, building codes, or land use permits. (6)(a) Unless otherwise agreed to by written contract with the homeowners' association, a lot owner is responsible for the costs of installing an electric vehicle charging station. (b) Electric vehicle charging station equipment that is installed at the lot owner's cost and is removable without damage to the property owned by others may be removed at the lot owner's cost. Nothing in this subsection requires the association to purchase the electric vehicle charging station. (7) A lot owner must disclose to any prospective buyers of the lot: (a) The existence of an electric vehicle charging station and the related responsibilities of the owner under this section; and (b) Whether the electric vehicle charging station is removable and whether the owner intends to remove the charging station. (8) The owner and each successive owner of an electric vehicle charging station is responsible for: (a) Costs for the maintenance, repair, and replacement of the electric vehicle charging station up until the station is removed; (b) Costs for damage to the electric vehicle charging station, any lot, common area, or limited common area resulting from the installation, use, maintenance, repair, removal, or replacement of the electric vehicle charging station; (c) The cost of electricity associated with the electric vehicle charging station; (d) If the owner decides to remove the electric vehicle charging station, costs for the removal and the restoration of the common area or limited common area after the removal; and (e) Removing the electric vehicle charging station if reasonably necessary for the repair, maintenance, or replacement of the common area or limited common area. (9) A homeowners' association may install an electric vehicle charging station in the common area for the use of all lot owners and, in that case, the association must develop appropriate terms of use for the charging station. (10)(a) A homeowners' association that willfully violates this section is liable to the lot owner for actual damages, and shall pay a civil penalty to the lot owner in an amount not to exceed $1,000. (b) In any action by a lot owner requesting to have an electric vehicle charging station installed and seeking to enforce compliance with this section, the court shall award reasonable attorneys' fees and costs to any prevailing lot owner. (11) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise. (a) "Designated parking space" means a parking space that is specifically designated for use by a particular lot owner, including a garage, a deeded parking space, and a parking space in a limited common area that is restricted for use by one or more lot owners. (b) "Electric vehicle charging station" means a station that delivers electricity from a source outside an electric vehicle into one or more electric vehicles. An electric vehicle charging station may include several charge points simultaneously connecting several electric vehicles to the station and any related equipment needed to facilitate charging plug-in electric vehicles. (c) "Reasonable restriction" means a restriction that does not significantly increase the cost of an electric vehicle charging station or significantly decrease its efficiency or specified performance.
RCW 64.38.900 — Washington Code / Title 64 / Chapter 38 / Section 900
RCW 64.38.900: Conflict with other sections.
Status: in_force

In case of any conflict between Title 23B RCW or chapter 23.86 , 24.03A, 24.06, or 25.15 RCW and this chapter, this chapter controls.
RCW 64.44.040 — Washington Code / Title 64 / Chapter 44 / Section 040
RCW 64.44.040: Orders declaring property unfit and prohibiting use—City, county action—Entrance upon property prohibited.
Status: in_force

(1) Upon issuance of an order declaring property unfit and prohibiting its use, the city or county in which the contaminated property is located may take action to prohibit use, occupancy, or removal of such property; condemn, decontaminate, or demolish the property; or require that the property be vacated or the contents removed from the property. The city or county may use an authorized contractor if property is demolished, decontaminated, or removed under this section. The city, county, or contractor shall comply with all orders of the health officer during these processes. No city or county may condemn, decontaminate, or demolish property pursuant to this section until all procedures granting the right of notice and the opportunity to appeal in RCW 64.44.030 have been exhausted, but may prohibit use, occupancy, or removal of contaminated property pending appeal of the order. (2)(a) It is unlawful for any person to enter upon any property, or to remove any property, that has been found unfit for use by a local health officer pursuant to RCW 64.44.030 . (b) This subsection does not apply to: (i) Health officials, law enforcement officials, or other government agents performing their official duties; (ii) authorized contractors or owners performing decontamination pursuant to authorization by the local health officer; and (iii) any person acting with permission of a local health officer, or of a superior court or hearing examiner following an appeal of a decision of the local health officer. (c) Any person who violates this subsection is guilty of a misdemeanor. (3) No provision of this section may be construed to limit the ability of the local health officer to permit occupants or owners of the property at issue to remove uncontaminated personal property from the premises.
RCW 64.34.312 — Washington Code / Title 64 / Chapter 34 / Section 312
RCW 64.34.312: Control of association—Transfer.
Status: in_force

(1) Within sixty days after the termination of the period of declarant control provided in *RCW 64.34.308 (4) or, in the absence of such period, within sixty days after the first conveyance of a unit in the condominium, the declarant shall deliver to the association all property of the unit owners and of the association held or controlled by the declarant including, but not limited to: (a) The original or a photocopy of the recorded declaration and each amendment to the declaration; (b) The certificate of incorporation and a copy or duplicate original of the articles of incorporation of the association as filed with the secretary of state; (c) The bylaws of the association; (d) The minute books, including all minutes, and other books and records of the association; (e) Any rules and regulations that have been adopted; (f) Resignations of officers and members of the board who are required to resign because the declarant is required to relinquish control of the association; (g) The financial records, including canceled checks, bank statements, and financial statements of the association, and source documents from the time of incorporation of the association through the date of transfer of control to the unit owners; (h) Association funds or the control of the funds of the association; (i) All tangible personal property of the association, represented by the declarant to be the property of the association or ostensibly the property of the association, and an inventory of the property; (j) Except for alterations to a unit done by a unit owner other than the declarant, a copy of the declarant's plans and specifications utilized in the construction or remodeling of the condominium, with a certificate of the declarant or a licensed architect or engineer that the plans and specifications represent, to the best of their knowledge and belief, the actual plans and specifications utilized by the declarant in the construction or remodeling of the condominium; (k) Insurance policies or copies thereof for the condominium and association; (l) Copies of any certificates of occupancy that may have been issued for the condominium; (m) Any other permits issued by governmental bodies applicable to the condominium in force or issued within one year before the date of transfer of control to the unit owners; (n) All written warranties that are still in effect for the common elements, or any other areas or facilities which the association has the responsibility to maintain and repair, from the contractor, subcontractors, suppliers, and manufacturers and all owners' manuals or instructions furnished to the declarant with respect to installed equipment or building systems; (o) A roster of unit owners and eligible mortgagees and their addresses and telephone numbers, if known, as shown on the declarant's records and the date of closing of the first sale of each unit sold by the declarant; (p) Any leases of the common elements or areas and other leases to which the association is a party; (q) Any employment contracts or service contracts in which the association is one of the contracting parties or service contracts in which the association or the unit owners have an obligation or a responsibility, directly or indirectly, to pay some or all of the fee or charge of the person performing the service; (r) A copy of any qualified warranty issued to the association as provided for in RCW 64.35.505 ; and (s) All other contracts to which the association is a party. (2) Upon the transfer of control to the unit owners, the records of the association shall be audited as of the date of transfer by an independent certified public accountant in accordance with generally accepted auditing standards unless the unit owners, other than the declarant, by two-thirds vote elect to waive the audit. The cost of the audit shall be a common expense unless otherwise provided in the declaration. The accountant performing the audit shall examine supporting documents and records, including the cash disbursements and related paid invoices, to determine if expenditures were for association purposes and the billings, cash receipts, and related records to determine if the declarant was charged for and paid the proper amount of assessments.
RCW 64.50.040 — Washington Code / Title 64 / Chapter 50 / Section 040
RCW 64.50.040: Construction defect action brought by a board of directors—Notice.
Status: in_force

(1)(a) In the event the board of directors, pursuant to RCW 64.34.304 (1)(d) or 64.38.020 (4), institutes an action asserting defects in the construction of two or more residences, common elements, or common areas, this section shall apply. For purposes of this section, "action" has the same meaning as set forth in RCW 64.50.010 . (b) The board of directors shall substantially comply with the provisions of this section. (2)(a) Prior to the service of the summons and complaint on any defendant with respect to an action governed by this section, the board of directors shall mail or deliver written notice of the commencement or anticipated commencement of such action to each homeowner at the last known address described in the association's records. (b) The notice required by (a) of this subsection shall state a general description of the following: (i) The nature of the action and the relief sought; (ii) To the extent applicable, the existence of the report required in RCW 64.50.020 (1)(a), which shall be made available to each homeowner upon request; (iii) A summary of the construction professional's response pursuant to RCW 64.50.020 (3), if any; and (iv) The expenses and fees that the board of directors anticipates will be incurred in prosecuting the action. (3) Nothing in this section may be construed to: (a) Require the disclosure in the notice or the disclosure to a unit owner of attorney-client communications or other privileged communications; (b) Permit the notice to serve as a basis for any person to assert the waiver of any applicable privilege or right of confidentiality resulting from, or to claim immunity in connection with, the disclosure of information in the notice; or (c) Limit or impair the authority of the board of directors to contract for legal services, or limit or impair the ability to enforce such a contract for legal services.
RCW 64.38.160 — Washington Code / Title 64 / Chapter 38 / Section 160
RCW 64.38.160: New associations—Accessory dwelling units.
Status: in_force

(1) Except governing documents of associations created to protect public health and safety, and ground and surface waters from on-site wastewater, governing documents of associations created after July 23, 2023, and applicable to a property located within an urban growth area may not impose any restriction or prohibition on the construction, development, or use on a lot of an accessory dwelling unit that the city or county in which the urban growth area is located would be prohibited from imposing under RCW 36.70A.681 . (2) For the purposes of this section, "urban growth area" has the same meaning as in RCW 36.70A.030 . (3) A city or county issuing a permit for the construction of an accessory dwelling unit may not be held civilly liable on the basis that the construction of the accessory dwelling unit would violate a restrictive covenant or deed restriction.
RCW 64.34.216 — Washington Code / Title 64 / Chapter 34 / Section 216
RCW 64.34.216: Contents of declaration.
Status: reserved

(1) The declaration for a condominium must contain: (a) The name of the condominium, which must include the word "condominium" or be followed by the words "a condominium," and the name of the association; (b) A legal description of the real property included in the condominium; (c) A statement of the number of units which the declarant has created and, if the declarant has reserved the right to create additional units, the number of such additional units; (d) The identifying number of each unit created by the declaration and a description of the boundaries of each unit if and to the extent they are different from the boundaries stated in RCW 64.34.204 (1); (e) With respect to each existing unit: (i) The approximate square footage; (ii) The number of bathrooms, whole or partial; (iii) The number of rooms designated primarily as bedrooms; (iv) The number of built-in fireplaces; and (v) The level or levels on which each unit is located. The data described in (ii), (iii), and (iv) of this subsection (1)(e) may be omitted with respect to units restricted to nonresidential use; (f) The number of parking spaces and whether covered, uncovered, or enclosed; (g) The number of moorage slips, if any; (h) A description of any limited common elements, other than those specified in RCW 64.34.204 (2) and (4), as provided in RCW 64.34.232 (2)(j); (i) A description of any real property which may be allocated subsequently by the declarant as limited common elements, other than limited common elements specified in RCW 64.34.204 (2) and (4), together with a statement that they may be so allocated; (j) A description of any development rights and other special declarant rights under RCW 64.34.020 (40) reserved by the declarant, together with a description of the real property to which the development rights apply, and a time limit within which each of those rights must be exercised; (k) If any development right may be exercised with respect to different parcels of real property at different times, a statement to that effect together with: (i) Either a statement fixing the boundaries of those portions and regulating the order in which those portions may be subjected to the exercise of each development right, or a statement that no assurances are made in those regards; and (ii) a statement as to whether, if any development right is exercised in any portion of the real property subject to that development right, that development right must be exercised in all or in any other portion of the remainder of that real property; (l) Any other conditions or limitations under which the rights described in (j) of this subsection may be exercised or will lapse; (m) An allocation to each unit of the allocated interests in the manner described in RCW 64.34.224 ; (n) Any restrictions in the declaration on use, occupancy, or alienation of the units; (o) A cross-reference by recording number to the survey map and plans for the units created by the declaration; and (p) All matters required or permitted by RCW 64.34.220 through 64.34.232 , 64.34.256 , 64.34.260 , 64.34.276 , and 64.34.308 (5). (2) All amendments to the declaration shall contain a cross-reference by recording number to the declaration and to any prior amendments thereto. All amendments to the declaration adding units shall contain a cross-reference by recording number to the survey map and plans relating to the added units and set forth all information required by RCW 64.34.216 (1) with respect to the added units. (3) The declaration may contain any other matters the declarant deems appropriate.
RCW 64.44.900 — Washington Code / Title 64 / Chapter 44 / Section 900
RCW 64.44.900: Application—Other remedies.
Status: in_force

This chapter shall not limit state or local government authority to act under any other statute, including chapter 35.80 or 7.48 RCW.
RCW 64.55.110 — Washington Code / Title 64 / Chapter 55 / Section 110
RCW 64.55.110: Case schedule plan—Deadlines.
Status: in_force

(1) Not less than sixty days after the later of filing or service of the complaint, the parties shall confer to create a proposed case schedule plan for submission to the court that includes the following deadlines: (a) Selection of a mediator; (b) Commencement of the mandatory mediation and submission of mediation materials required by this chapter; (c) Selection of the arbitrator by the parties, where applicable; (d) Joinder of additional parties in the action; (e) Completion of each party's investigation; (f) Disclosure of each party's proposed repair plan; (g) Disclosure of each party's estimated costs of repair; (h) Meeting of parties and experts to confer in accordance with RCW 64.55.120 ; and (i) Disclosure of each party's settlement demand or response. (2) If the parties agree upon a proposed case schedule plan, they shall move the court for the entry of the proposed case schedule plan. If the parties cannot agree, either party may move the court for entry of a case schedule plan that includes the above deadlines.
RCW 64.90.270 — Washington Code / Title 64 / Chapter 90 / Section 270
RCW 64.90.270: Monuments as boundaries.
Status: in_force

(1) Except as provided in subsection (2) of this section, if the construction, reconstruction, or alteration of a building or the vertical or lateral movement of a building results in an encroachment due to a divergence between the existing physical boundaries of a unit and the boundaries described in the declaration under RCW 64.90.225 (1)(d), the existing physical boundaries of the unit are its legal boundaries, rather than the boundaries described in the declaration. (2) Subsection (1) of this section does not apply if the encroachment: (a) Extends beyond five feet, as measured from any point on the common boundary along a line perpendicular to the boundary; or (b) Results from willful misconduct of the unit owner that claims a benefit under subsection (1) of this section. (3) This section does not relieve a declarant or other person of liability for failure to adhere to the map or a representation in the public offering statement.
RCW 64.32.330 — Washington Code / Title 64 / Chapter 32 / Section 330
RCW 64.32.330: New declaration minimum density.
Status: in_force

A declaration created after July 23, 2023, and applicable to an association of apartment owners located within an area of a city subject to the middle housing requirements in RCW 36.70A.635 may not actively or effectively prohibit the construction, development, or use of additional housing units as required in RCW 36.70A.635 .
RCW 64.37.020 — Washington Code / Title 64 / Chapter 37 / Section 020
RCW 64.37.020: Taxes.
Status: in_force

Short-term rental operators must remit all applicable local, state, and federal taxes unless the platform does this on the operator's behalf. This includes occupancy, sales, lodging, and other taxes, fees, and assessments to which an owner or operator of a hotel or bed and breakfast is subject in the jurisdiction in which the short-term rental is located. If the short-term rental platform collects and remits an occupancy, sales, lodging, and other tax, fee, or assessment to which a short-term rental operator is subject on behalf of such operator, the platform must collect and remit such tax to the appropriate authorities.
RCW 64.34.100 — Washington Code / Title 64 / Chapter 34 / Section 100
RCW 64.34.100: Remedies liberally administered.
Status: in_force

(1) The remedies provided by this chapter shall be liberally administered to the end that the aggrieved party is put in as good a position as if the other party had fully performed. However, consequential, special, or punitive damages may not be awarded except as specifically provided in this chapter or by other rule of law. (2) Except as otherwise provided in RCW 64.55.100 through 64.55.160 or chapter 64.35 RCW, any right or obligation declared by this chapter is enforceable by judicial proceeding. The arbitration proceedings provided for in RCW 64.55.100 through 64.55.160 shall be considered judicial proceedings for the purposes of this chapter.
RCW 64.35.205 — Washington Code / Title 64 / Chapter 35 / Section 205
RCW 64.35.205: Qualified warranty—Remedy and procedure—Application of chapter 64.50 RCW.
Status: in_force

No declarant, affiliate of a declarant, or construction professional is liable to a unit owner or an association for damages awarded for repair of construction defects and resulting physical damage, and chapter 64.50 RCW shall not apply if: (1) Every unit is the subject of a qualified warranty; and (2) the association has been issued a qualified warranty with respect to the common elements. If a construction professional agrees on terms satisfactory to the qualified insurer to partially or fully indemnify the qualified insurer with respect to a defect caused by the construction professional, the liability of the construction professional for the defect and resulting physical damage caused by him or her shall not exceed damages recoverable under the terms of the qualified warranty for the defect. Any indemnity claim by the qualified insurer shall be by separate action or arbitration, and no unit owner or association shall be joined therein. A qualified warranty may also be provided in the case of improvements made or contracted for by a declarant as part of a conversion condominium, and in such case, declarant's liability with respect to such improvements shall be limited as set forth in this section.
RCW 64.04.100 — Washington Code / Title 64 / Chapter 04 / Section 100
RCW 64.04.100: Private seals abolished—Validation.
Status: in_force

All deeds, mortgages, leases, bonds and other instruments and contracts in writing, including deeds from a husband to his wife and from a wife to her husband for their respective community right, title, interest or estate in all or any portion of their community real property, which have heretofore been executed without the use of a private seal, are, notwithstanding, hereby declared to be legal and valid.
RCW 64.34.260 — Washington Code / Title 64 / Chapter 34 / Section 260
RCW 64.34.260: Easement rights—Common elements.
Status: reserved

Subject to the provisions of the declaration, a declarant has an easement through the common elements as may be reasonably necessary for the purpose of discharging a declarant's obligations or exercising special declarant rights, whether arising under this chapter or reserved in the declaration.
RCW 64.36.270 — Washington Code / Title 64 / Chapter 36 / Section 270
RCW 64.36.270: Rules, forms, and orders—Interpretive opinions.
Status: in_force

The director may make, amend, and repeal rules, forms, and orders when necessary to carry out this chapter. The director may honor requests for interpretive opinions.
RCW 64.34.244 — Washington Code / Title 64 / Chapter 34 / Section 244
RCW 64.34.244: Relocation of boundaries—Adjoining units.
Status: in_force

(1) Subject to the provisions of the declaration and other provisions of law, the boundaries between adjoining units may only be relocated by an amendment to the declaration upon application to the association by the owners of those units. If the owners of the adjoining units have specified a reallocation between their units of their allocated interests, the application must state the proposed reallocations. Unless the board of directors determines within thirty days, or such other period provided in the declaration, that the reallocations are unreasonable, the association shall prepare an amendment that identifies the units involved, states the reallocations, is executed by those unit owners, contains words of conveyance between them, and is recorded in the name of the grantor and the grantee. (2) The association shall obtain and record survey maps or plans complying with the requirements of RCW 64.34.232 (4) necessary to show the altered boundaries between adjoining units and their dimensions and identifying numbers.
RCW 64.34.356 — Washington Code / Title 64 / Chapter 34 / Section 356
RCW 64.34.356: Surplus funds.
Status: in_force

Unless otherwise provided in the declaration, any surplus funds of the association remaining after payment of or provision for common expenses and any prepayment of reserves shall, in the discretion of the board of directors, either be paid to the unit owners in proportion to their common expense liabilities or credited to them to reduce their future common expense assessments.
RCW 64.36.140 — Washington Code / Title 64 / Chapter 36 / Section 140
RCW 64.36.140: Disclosure document—Contents.
Status: in_force

Any person who offers or sells a timeshare shall provide the prospective purchaser a written disclosure document before the prospective purchaser signs an agreement for the purchase of a timeshare. The timeshare salesperson shall date and sign the disclosure document. The disclosure document shall include: (1) The official name and address of the promoter, its parent or affiliates, and the names and addresses of the director and officers of each; (2) The location of the timeshare property; (3) A general description of the timeshare property and the timeshare units; (4) A list of all units offered by the promoter in the same project including: (a) The types, prices, and number of units; (b) Identification and location of units; (c) The types and durations of the timeshares; (d) The maximum number of units that may become part of the timeshare property; and (e) A statement of the maximum number of timeshares that may be created or a statement that there is no maximum. (5) A description of any financing offered by the promoter; (6) A statement of ownership of all properties included in the timeshare offering including any liens or encumbrances affecting the property; (7) Copies of any agreements or leases to be signed by timeshare purchasers at closing and a copy of the timeshare instrument; (8) The identity of the managing entity and the manner, if any, whereby the promoter may change the managing entity; (9) A description of the selling costs both per unit and for the total project at the time the sale is made; (10) A statement disclosing when and where the promoter or its affiliate has previously sold timeshares; (11) A description of the nature and purpose of all charges, dues, maintenance fees, and other expenses that may be assessed, including: (a) The current amounts assessed; (b) The method and formula for changes; and (c) The formula for payment of charges if all timeshares are not sold and a statement of who pays additional costs; (12) Any services which the promoter provides or expenses the promoter pays which the promoter expects may become a timeshare expense at any subsequent time; (13) A statement in boldface type on the cover page of the disclosure document and the cover page of the timeshare purchase agreement that within seven days after receipt of a disclosure document or the signing of the timeshare purchase agreement, whichever is later, a purchaser may cancel any agreement for the purchase of a timeshare from a promoter or a timeshare salesperson and that the cancellation must be in writing and be either hand delivered or mailed to the promoter or the promoter's agent; (14) Any restraints on transfer of a timeshare or portion thereof; (15) A description of the insurance coverage provided for the benefit of timeshare owners; (16) A full and accurate disclosure of whether the timeshare owners are to be permitted or required to become members of or participate in any program for the exchange of property rights among themselves or with the timeshare owners of other timeshare units, or both, and a complete description of the program; and (17) Any additional information the director finds necessary to fully inform prospective timeshare purchasers, including but not limited to information required by RCW 64.36.030 .
RCW 64.06.060 — Washington Code / Title 64 / Chapter 06 / Section 060
RCW 64.06.060: Consumer protection act does not apply.
Status: in_force

The legislature finds that the practices covered by this chapter are not matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW.
RCW 64.90.505 — Washington Code / Title 64 / Chapter 90 / Section 505
RCW 64.90.505: Rules—Notice.
Status: in_force

(1) Unless the declaration provides otherwise, the board must, before adopting, amending, or repealing any rule, give all unit owners notice of: (a) Its intention to adopt, amend, or repeal a rule and provide the text of the rule or the proposed change; and (b) A date on which the board will act on the proposed rule or amendment after considering comments from unit owners. (2) Following adoption, amendment, or repeal of a rule, the association must give notice to the unit owners of its action and provide a copy of any new or revised rule. (3) If the declaration so provides, an association may adopt rules to establish and enforce construction and design criteria and aesthetic standards and, if so, must adopt procedures for enforcement of those standards and for approval of construction applications, including a reasonable time within which the association must act after an application is submitted and the consequences of its failure to act. (4) An association's internal business operating procedures need not be adopted as rules. (5) Every rule must be reasonable.
RCW 64.34.332 — Washington Code / Title 64 / Chapter 34 / Section 332
RCW 64.34.332: Meetings.
Status: in_force

(1) A meeting of the association must be held at least once each year. Special meetings of the association may be called by the president, a majority of the board of directors, or by unit owners having twenty percent or any lower percentage specified in the declaration or bylaws of the votes in the association. Not less than fourteen nor more than fifty days in advance of any meeting, the secretary or other officer specified in the bylaws shall cause notice to be provided in accordance with this chapter. The notice of any meeting shall state the time and place of the meeting and the items on the agenda to be voted on by the members, including the general nature of any proposed amendment to the declaration or bylaws, changes in the previously approved budget that result in a change in assessment obligations, and any proposal to remove a director or officer. (2) Except as otherwise restricted by the declaration, bylaws, or articles of incorporation, meetings of unit owners may be conducted by telephonic, video, or other conferencing process, if: (a) The meeting notice states the conferencing process to be used and provides information explaining how unit owners may participate in the conference directly or by meeting at a central location or conference connection; and (b) the process provides all unit owners the opportunity to hear or perceive the discussion and to comment.
RCW 64.90.660 — Washington Code / Title 64 / Chapter 90 / Section 660
RCW 64.90.660: Conversion buildings—Common interest community units—Report.
Status: in_force

(1) All cities and counties planning under RCW 36.70A.040 , which have inspected any conversion buildings or managed the payment of relocation assistance within the jurisdiction within the previous twelve-month period, must report annually to the department of commerce the following information: (a) The total number of apartment units converted into common interest community units; (b) The total number of conversion common interest community projects; and (c) The total number of residential tenants and residential subtenants who receive relocation assistance. (2) Upon completion of a conversion common interest community project, a city or county may require the declarant to provide the information described in subsection (1)(a) and (c) of this section for the converted common interest community to the appropriately designated department or agency in the city or county for the purpose of complying with subsection (1) of this section.
RCW 64.32.910 — Washington Code / Title 64 / Chapter 32 / Section 910
RCW 64.32.910: Construction of term "this chapter."
Status: in_force

The term "this chapter" means RCW 64.32.010 through 64.32.250 and 64.32.900 through 64.32.920 , and as they may hereafter be amended or supplemented by subsequent legislation.
RCW 64.36.240 — Washington Code / Title 64 / Chapter 36 / Section 240
RCW 64.36.240: Liability for violation of chapter.
Status: in_force

Any person who offers, sells, or materially aids in such offer or sale of a timeshare in violation of this chapter is liable to the person buying the timeshare who may sue either at law or in equity to recover the consideration paid for the timeshare, together with interest at ten percent per annum from date of payment and costs upon the tender of the timeshare, or for damages if the person no longer owns the timeshare.
RCW 64.36.120 — Washington Code / Title 64 / Chapter 36 / Section 120
RCW 64.36.120: Good faith required—Provision relieving person from duty prohibited—Out-of-state jurisdiction or venue designation void.
Status: in_force

(1) The parties to a timeshare agreement shall deal with each other in good faith. (2) A timeshare promoter shall not require any timeshare purchaser to agree to a release, assignment, novation, waiver, or any other provision which relieves any person from a duty imposed by this chapter. (3) Any provision in a timeshare contract or agreement which designates jurisdiction or venue in a forum outside this state is void with respect to any cause of action which is enforceable in this state.
RCW 64.90.515 — Washington Code / Title 64 / Chapter 90 / Section 515
RCW 64.90.515: Notice.
Status: in_force

(1) Notice to the association, board, or any owner or occupant of a unit under this chapter must be provided in the form of a record. (2) Notice provided in a tangible medium may be transmitted by mail, private carrier, or personal delivery; telegraph or teletype; or telephone, wire, or wireless equipment that transmits a facsimile of the notice. (a) Notice in a tangible medium to an association may be addressed to the association's registered agent at its registered office, to the association at its principal office shown in its most recent annual report or provided by notice to the unit owners, or to the president or secretary of the association at the address shown in the association's most recent annual report or provided by notice to the unit owners. (b) Notice in a tangible medium to a unit owner or occupant must be addressed to the unit address unless the unit owner or occupant has requested, in a record delivered to the association, that notices be sent to an alternate address or by other method allowed by this section and the governing documents. (3) Notice may be provided in an electronic transmission as follows: (a) Notice to unit owners or board members by electronic transmission is effective only upon unit owners and board members who have consented, in the form of a record, to receive electronically transmitted notices under this chapter and have designated in the consent the address, location, or system to which such notices may be electronically transmitted, provided that such notice otherwise complies with any other requirements of this chapter and applicable law. An owner's consent under this subsection (3)(a), and any other notice in the form of a record delivered to the association from time to time, may indicate whether the owner elects to keep the owner's electronic address confidential and exempt from disclosure by the association pursuant to RCW 64.90.495 (2). Failure to deliver such notice permits disclosure by the association. (b) Notice to unit owners or board members under this subsection includes material that this chapter or the governing documents requires or permits to accompany the notice. (c) A unit owner or board member who has consented to receipt of electronically transmitted notices may revoke this consent by delivering a revocation to the association in the form of a record. (d) The consent of any unit owner or board member is revoked if: The association is unable to electronically transmit two consecutive notices given by the association in accordance with the consent, and this inability becomes known to the secretary of the association or any other person responsible for giving the notice. The inadvertent failure by the association to treat this inability as a revocation does not invalidate any meeting or other action. (e) Notice to unit owners or board members who have consented to receipt of electronically transmitted notices may be provided by posting the notice on an electronic network and delivering to the unit owner or board member a separate record of the posting, together with comprehensible instructions regarding how to obtain access to the posting on the electronic network. (f) Notice to an association in an electronic transmission is effective only with respect to an association that has designated in a record an address, location, or system to which the notices may be electronically transmitted. (4) Notice may be given by any other method reasonably calculated to provide notice to the recipient. (5) Notice is effective as follows: (a) Notice provided in a tangible medium is effective as of the date of hand delivery, deposit with the carrier, or when sent by fax. (b) Notice provided in an electronic transmission is effective as of the date it: (i) Is electronically transmitted to an address, location, or system designated by the recipient for that purpose; or (ii) Has been posted on an electronic network and a separate record of the posting has been sent to the recipient containing instructions regarding how to obtain access to the posting on the electronic network. (6) The ineffectiveness of a good faith effort to deliver notice by an authorized means does not invalidate action taken at or without a meeting. (7) If this chapter prescribes different or additional notice requirements for particular circumstances, those requirements govern.
RCW 64.90.450 — Washington Code / Title 64 / Chapter 90 / Section 450
RCW 64.90.450: Quorum.
Status: in_force

(1) Unless the organizational documents provide otherwise, a quorum is present throughout any meeting of the unit owners if at the beginning of the meeting persons entitled to cast 20 percent of the votes in the association attend in person, by proxy, by means of communication under RCW 64.90.445 (1) (e) or (f), or have voted by absentee ballot. (2) Unless the organizational documents specify a larger number, a quorum of the board is present for purposes of determining the validity of any action taken at a meeting of the board only if individuals entitled to cast a majority of the votes on that board are present at the time a vote regarding that action is taken. If a quorum is present when a vote is taken, the affirmative vote of a majority of the board members present is the act of the board unless a greater vote is required by the organizational documents.
RCW 64.34.435 — Washington Code / Title 64 / Chapter 34 / Section 435
RCW 64.34.435: Release of liens—Conveyance.
Status: in_force

(1) At the time of the first conveyance of each unit, every mortgage, lien, or other encumbrance affecting that unit and any other unit or units or real property, other than the percentage of undivided interest of that unit in the common elements, shall be paid and satisfied of record, or the unit being conveyed and its undivided interest in the common elements shall be released therefrom by partial release duly recorded or the purchaser of that unit shall receive title insurance from a licensed title insurance company against such mortgage, lien or other encumbrance. This subsection does not apply to any real property which a declarant has the right to withdraw. (2) Before conveying real property to the association the declarant shall have that real property released from: (a) All liens the foreclosure of which would deprive unit owners of any right of access to or easement of support of their units; and (b) all other liens on that real property unless the public offering statement describes certain real property which may be conveyed subject to liens in specified amounts.
RCW 64.65.040 — Washington Code / Title 64 / Chapter 65 / Section 040
RCW 64.65.040: Required findings—Order.
Status: in_force

(1) The court may not approve relocation of an easement under this chapter unless the servient estate owner: (a) Establishes that the easement is eligible for relocation under RCW 64.65.120 ; and (b) Satisfies the conditions for relocation under RCW 64.65.020 . (2) An order under this chapter approving relocation of an easement must: (a) State that the order is issued in accordance with this chapter; (b) Recite the recording data of the instrument creating the easement, if any, any amendments, and any preservation notice; (c) Identify the immediately preceding location of the easement; (d) Describe in a legally sufficient manner the new location of the easement; (e) Describe mitigation required of the servient estate owner during relocation; (f) Refer in detail to the plans and specifications of improvements necessary for the easement holder to enter, use, and enjoy the easement in the new location; (g) Specify conditions to be satisfied by the servient estate owner to relocate the easement and construct improvements necessary for the easement holder to enter, use, and enjoy the easement in the new location; (h) Include a provision for payment by the servient estate owner of expenses under RCW 64.65.050 ; (i) Include a provision for compliance by the parties with the obligation of good faith under RCW 64.65.060 ; and (j) Instruct the servient estate owner to record an affidavit, if required under RCW 64.65.070 (1), when the servient estate owner substantially completes relocation. (3) An order under subsection (2) of this section may include any other provision consistent with this chapter for the fair and equitable relocation of the easement. (4) Before a servient estate owner proceeds with relocation of an easement under this chapter, the owner must record, in the land records of each jurisdiction where the servient estate is located, a certified copy of the order under subsection (2) of this section.
RCW 64.32.210 — Washington Code / Title 64 / Chapter 32 / Section 210
RCW 64.32.210: Conveyance—Liability of grantor and grantee for unpaid common expenses.
Status: in_force

In a voluntary conveyance the grantee of an apartment shall be jointly and severally liable with the grantor for all unpaid assessments against the latter for his or her share of the common expenses up to the time of the grantor's conveyance, without prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee therefor. Any such grantee shall be entitled to a statement from the manager or board of directors, as the case may be, setting forth the amount of the unpaid assessments against the grantor and such grantee shall not be liable for, nor shall the apartment conveyed be subject to a lien for, any unpaid assessments against the grantor in excess of the amount therein set forth.
RCW 64.70.010 — Washington Code / Title 64 / Chapter 70 / Section 010
RCW 64.70.010: Short title.
Status: in_force

This chapter may be cited as the uniform environmental covenants act.
RCW 64.36.340 — Washington Code / Title 64 / Chapter 36 / Section 340
RCW 64.36.340: Uniform regulation of business and professions act.
Status: in_force

The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter.
RCW 64.32.320 — Washington Code / Title 64 / Chapter 32 / Section 320
RCW 64.32.320: New declarations—Accessory dwelling units.
Status: in_force

(1) Except a declaration created to protect public health and safety, and ground and surface waters from on-site wastewater, a declaration created after July 23, 2023, and applicable to a property located within an urban growth area may not impose any restriction or prohibition on the construction, development, or use on a lot of an accessory dwelling unit that the city or county in which the urban growth area is located would be prohibited from imposing under RCW 36.70A.681 . (2) For the purposes of this section, "urban growth area" has the same meaning as in RCW 36.70A.030 . (3) A city or county issuing a permit for the construction of an accessory dwelling unit may not be held civilly liable on the basis that the construction of the accessory dwelling unit would violate a restrictive covenant or deed restriction.
RCW 64.32.010 — Washington Code / Title 64 / Chapter 32 / Section 010
RCW 64.32.010: Definitions.
Status: reserved

All plots or rights of interment conveyed to individuals are presumed to be the sole and separate property rights of the owner named in the instrument of conveyance.For the purposes of RCW 39.32.010 through 39.32.060 : The term "eligible donee" means any public agency carrying out or promoting for the residents of a given political area one or more public purposes, such as conservation, economic development, education, parks and recreation, public health, and public safety; or nonprofit educational or public health institutions or organizations, such as medical institutions, hospitals, clinics, health centers, schools, colleges, universities, schools for persons with intellectual disabilities, schools for persons with physical disabilities, child care centers, radio and television stations licensed by the federal communications commission as educational radio or educational television stations, museums attended by the public, and public libraries serving all residents of a community, district, state, or region, and which are exempt from taxation under Section 501 of the Internal Revenue Code of 1954, for purposes of education or public health, including research for any such purpose. The term "public agency" means the state or any subdivision thereof, including any unit of local government, economic development district, emergency services organization, or any instrumentality created by compact or other agreement between the state and a political subdivision, or any Indian tribe, band, group, or community located on a state reservation. The term "surplus property" means any property, title to which is in the federal, state, or local government or any department or agency thereof, and which property is to be disposed of as surplus under any act of congress or the legislature or local statute, heretofore or hereafter enacted providing for such disposition.As used in this chapter unless the context otherwise requires: (1) "Apartment" means a part of the property intended for any type of independent use, including one or more rooms or spaces located on one or more floors (or part or parts thereof) in a building, or if not in a building, a separately delineated place of storage or moorage of a boat, plane, or motor vehicle, regardless of whether it is destined for a residence, an office, storage or moorage of a boat, plane, or motor vehicle, the operation of any industry or business, or for any other use not prohibited by law, and which has a direct exit to a public street or highway, or to a common area leading to such street or highway. The boundaries of an apartment located in a building are the interior surfaces of the perimeter walls, floors, ceilings, windows and doors thereof, and the apartment includes both the portions of the building so described and the air space so encompassed. If the apartment is a separately delineated place of storage or moorage of a boat, plane, or motor vehicle the boundaries are those specified in the declaration. In interpreting declarations, deeds, and plans, the existing physical boundaries of the apartment as originally constructed or as reconstructed in substantial accordance with the original plans thereof shall be conclusively presumed to be its boundaries rather than the metes and bounds expressed or depicted in the declaration, deed or plan, regardless of settling or lateral movement of the building and regardless of minor variance between boundaries shown in the declaration, deed, or plan and those of apartments in the building. (2) "Apartment number" means the number, letter, or combination thereof, designating the apartment in the declaration as duly recorded or as it may be lawfully amended. (3) "Apartment owner" means the person or persons owning an apartment, as herein defined, in fee simple absolute or qualified, by way of leasehold or by way of a periodic estate, or in any other manner in which real property may be owned, leased or possessed in this state, together with an undivided interest in a like estate of the common areas and facilities in the percentage specified and established in the declaration as duly recorded or as it may be lawfully amended. (4) "Association of apartment owners" means all of the apartment owners acting as a group in accordance with the bylaws and with the declaration as it is duly recorded or as they may be lawfully amended. (5) "Building" means a building, containing two or more apartments, or two or more buildings each containing one or more apartments, and comprising a part of the property. (6) "Common areas and facilities", unless otherwise provided in the declaration as duly recorded or as it may be lawfully amended, includes: (a) The land on which the building is located; (b) The foundations, columns, girders, beams, supports, main walls, roofs, halls, corridors, lobbys, stairs, stairways, fire escapes, and entrances and exits of the building; (c) The basements, yards, gardens, parking areas and storage spaces; (d) The premises for the lodging of janitors or persons in charge of the property; (e) The installations of central services such as power, light, gas, hot and cold water, heating, refrigeration, air conditioning and incinerating; (f) The elevators, tanks, pumps, motors, fans, compressors, ducts and in general all apparatus and installations existing for common use; (g) Such community and commercial facilities as may be provided for in the declaration as duly recorded or as it may be lawfully amended; (h) All other parts of the property necessary or convenient to its existence, maintenance and safety, or normally in common use. (7) "Common expenses" include: (a) All sums lawfully assessed against the apartment owners by the association of apartment owners; (b) Expenses of administration, maintenance, repair, or replacement of the common areas and facilities; (c) Expenses agreed upon as common expenses by the association of apartment owners; (d) Expenses declared common expenses by the provisions of this chapter, or by the declaration as it is duly recorded, or by the bylaws, or as they may be lawfully amended. (8) "Common profits" means the balance of all income, rents, profits and revenues from the common areas and facilities remaining after the deduction of the common expenses. (9) "Declaration" means the instrument by which the property is submitted to provisions of this chapter, as hereinafter provided, and as it may be, from time to time, lawfully amended. (10) "Electronic transmission" or "electronically transmitted" means any electronic communication not directly involving the physical transfer of a writing in a tangible medium, but that may be retained, retrieved, and reviewed by the sender and the recipient of the communication, and that may be directly reproduced in a tangible medium by a sender and recipient. (11) "Land" means the material of the earth, whatever may be the ingredients of which it is composed, whether soil, rock, or other substance, whether or not submerged, and includes free or occupied space for an indefinite distance upwards as well as downwards, subject to limitations upon the use of airspace imposed, and rights in the use of the airspace granted, by the laws of this state or of the United States. (12) "Limited common areas and facilities" includes those common areas and facilities designated in the declaration, as it is duly recorded or as it may be lawfully amended, as reserved for use of certain apartment or apartments to the exclusion of the other apartments. (13) "Majority" or "majority of apartment owners" means the apartment owners with fifty-one percent or more of the votes in accordance with the percentages assigned in the declaration, as duly recorded or as it may be lawfully amended, to the apartments for voting purposes. (14) "Percent of the apartment owners" means the apartment owners with the stated percent or more of the votes in accordance with the percentages assigned in the declaration, as duly recorded or as it may be lawfully amended, to the apartments for voting purposes. (15) "Person" includes any individual, corporation, partnership, association, trustee, or other legal entity. (16) "Property" means the land, the building, all improvements and structures thereon, all owned in fee simple absolute or qualified, by way of leasehold or by way of a periodic estate, or in any other manner in which real property may be owned, leased or possessed in this state, and all easements, rights and appurtenances belonging thereto, none of which shall be considered as a security or security interest, and all articles of personalty intended for use in connection therewith, which have been or are intended to be submitted to the provisions of this chapter. (17) "Tangible medium" means a writing, copy of a writing, facsimile, or a physical reproduction, each on paper or on other tangible material.
RCW 64.90.045 — Washington Code / Title 64 / Chapter 90 / Section 045
RCW 64.90.045: Application—Construction.
Status: in_force

This chapter must be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
RCW 64.32.340 — Washington Code / Title 64 / Chapter 32 / Section 340
RCW 64.32.340: Occupancy limits.
Status: in_force

Except for occupancy limits on short-term rentals as defined in RCW 64.37.010 and any lawful limits on occupant load per square foot or generally applicable health and safety provisions as established by applicable building code, city ordinance, or county ordinance, an association of apartment owners may not adopt or enforce a restriction, covenant, condition, bylaw, rule, regulation, provision of a governing document, or master deed provision that regulates or limits the number of unrelated persons that may occupy an apartment.
RCW 64.06.005 — Washington Code / Title 64 / Chapter 06 / Section 005
RCW 64.06.005: Definitions.
Status: in_force

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Commercial real estate" has the same meaning as in RCW 60.42.005 . (2) "Improved residential property," "unimproved residential property," and "commercial real estate" do not include a condominium unit created under chapter 64.90 RCW on or after July 1, 2018, if the buyer of the unit entered into a contract to purchase the unit prior to July 1, 2018, and received a public offering statement pursuant to chapter 64.34 RCW prior to July 1, 2018. (3) "Improved residential real property" means: (a) Real property consisting of, or improved by, one to four residential dwelling units; (b) A residential condominium as defined in RCW 64.34.020 (10), unless the sale is subject to the public offering statement requirement in the Washington condominium act, chapter 64.34 RCW; (c) A residential timeshare, as defined in RCW 64.36.010 (11), unless subject to written disclosure under the Washington timeshare act, chapter 64.36 RCW; (d) A mobile or manufactured home, as defined in RCW 43.22.335 or 46.04.302 , that is personal property; or (e) A residential common interest community as defined in RCW 64.90.010 (10) unless the sale is subject to the public offering statement requirement in the Washington uniform common interest ownership act, chapter 64.90 RCW. (4) "Residential real property" means both improved and unimproved residential real property. (5) "Seller disclosure statement" means the form to be completed by the seller of residential real property as prescribed by this chapter. (6) "Unimproved residential real property" means property zoned for residential use that is not improved by one or more residential dwelling units, a residential condominium, a residential timeshare, or a mobile or manufactured home. It does not include commercial real estate or property defined as "timberland" under RCW 84.34.020 .
RCW 64.90.225 — Washington Code / Title 64 / Chapter 90 / Section 225
RCW 64.90.225: Declaration—Contents.
Status: reserved

(1) The declaration must contain: (a) The names of the common interest community and the association and, immediately following the initial recital of the name of the community, a statement that the common interest community is a condominium, cooperative, plat community, or miscellaneous community; (b) A legal description of the real estate included in the common interest community; (c) A statement of the number of units that the declarant has created and, if the declarant has reserved the right to create additional units, the maximum number of such additional units; (d) In all common interest communities, a reference to the recorded map creating the units and common elements, if any, subject to the declaration, and in a common interest community other than a plat community, the identifying number of each unit created by the declaration, a description of the boundaries of each unit if and to the extent they are different from the boundaries stated in RCW 64.90.210 (1)(a), and with respect to each existing unit, and if known at the time the declaration is recorded, the (i) approximate square footage, (ii) number of whole or partial bathrooms, (iii) number of rooms designated primarily as bedrooms, and (iv) level or levels on which each unit is located. The data described in this subsection (1)(d)(ii) and (iii) may be omitted with respect to units restricted to nonresidential use; (e) A description of any limited common elements, other than those specified in RCW 64.90.210 (1)(b) and (3); (f) A description of any real estate, except real estate subject to development rights, that may be allocated subsequently by the declarant as limited common elements, other than limited common elements specified in RCW 64.90.210 (1)(b) and (3), together with a statement that they may be so allocated; (g) A description of any development right and any other special declarant rights reserved by the declarant, a time limit within which each of those rights must be exercised, and a legal description of the real property to which each development right applies; (h) If any development right may be exercised with respect to different parcels of real estate at different times, a statement to that effect together with: (i) Either a statement fixing the boundaries of those portions and regulating the order in which those portions may be subjected to the exercise of each development right or a statement that no assurances are made in those regards; and (ii) A statement as to whether, if any development right is exercised in any portion of the real estate subject to that development right, that development right must be exercised in all or in any other portion of the remainder of that real estate; (i) Any other conditions or limitations under which the rights described in (g) of this subsection may be exercised or will lapse; (j) An allocation to each unit of the allocated interests in the manner described in RCW 64.90.235 ; (k) Any restrictions on alienation of the units, including any restrictions on leasing that exceed the restrictions on leasing units that boards may impose pursuant to RCW 64.90.510 (10)(c) and on the amount for which a unit may be sold or on the amount that may be received by a unit owner on sale, condemnation, or casualty loss to the unit or to the common interest community, or on termination of the common interest community; (l) A cross-reference by recording number to the map for the units created by the declaration; (m) Any authorization pursuant to which the association may establish and enforce construction and design criteria and aesthetic standards as provided in RCW 64.90.505 ; (n) All matters required under RCW 64.90.230 , 64.90.235 , 64.90.240 , 64.90.275 , 64.90.280 , and 64.90.410 ; (o) A statement on the first page of the declaration whether the common interest community is subject to this chapter. (2) All amendments to the declaration must contain a cross-reference by recording number to the declaration and to any prior amendments to the declaration. All amendments to the declaration adding units must contain a cross-reference by recording number to the map relating to the added units and set forth all information required under subsection (1) of this section with respect to the added units. (3) The declaration may contain any other matters the declarant considers appropriate, including any restrictions on the uses of a unit or the number or other qualifications of persons who may occupy units.
RCW 64.37.010 — Washington Code / Title 64 / Chapter 37 / Section 010
RCW 64.37.010: Definitions.
Status: in_force

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Contact" means the operator or the operator's representative who is the point of contact for any short-term rental guest for the duration of the guest's stay in the short-term rental. (2) "Department" means the department of revenue. (3) "Dwelling unit" means a residential dwelling of any type, including a single-family residence, apartment, condominium, cooperative unit, or room, in which a person may obtain living accommodations for less than thirty days, but not including duly licensed bed and breakfast, inn, hotel, motel, or timeshare property. (4) "Fee" means remuneration or anything of economic value that is provided, promised, or donated primarily in exchange for services rendered. (5) "Guest" means any person or persons renting a short-term rental unit. (6) "Operator" or "short-term rental operator" means any person who receives payment for owning or operating a dwelling unit, or portion thereof, as a short-term rental unit. (7) "Owner" means any person who, alone or with others, has title or interest in any building, property, dwelling unit, or portion thereof, with or without accompanying actual possession thereof, and including any person who as agent, executor, administrator, trustee, or guardian of an estate has charge, care, or control of any building, dwelling unit, or portion thereof. A person whose sole interest in any building, dwelling unit, or portion thereof is solely that of a lessee under a lease agreement is not considered an owner. (8) "Person" has the same meaning as provided in RCW 82.04.030 . (9)(a) "Short-term rental" means a lodging use, that is not a hotel or motel or bed and breakfast, in which a dwelling unit, or portion thereof, that is offered or provided to a guest by a short-term rental operator for a fee for fewer than thirty consecutive nights. (b) "Short-term rental" does not include any of the following: (i) A dwelling unit that is occupied by the owner for at least six months during the calendar year and in which fewer than three rooms are rented at any time; (ii) A dwelling unit, or portion thereof, that is used by the same person for thirty or more consecutive nights; or (iii) A dwelling unit, or portion thereof, that is operated by an organization or government entity that is registered as a charitable organization with the secretary of state, state of Washington, or is classified by the federal internal revenue service as a public charity or a private foundation, and provides temporary housing to individuals who are being treated for trauma, injury, or disease, or their family members. (10) "Short-term rental advertisement" means any method of soliciting use of a dwelling unit for short-term rental purposes. (11) "Short-term rental platform" or "platform" means a person that provides a means through which an operator may offer a dwelling unit, or portion thereof, for short-term rental use, and from which the person or entity financially benefits. Merely publishing a short-term rental advertisement for accommodations does not make the publisher a short-term rental platform.
RCW 64.34.090 — Washington Code / Title 64 / Chapter 34 / Section 090
RCW 64.34.090: Obligation of good faith.
Status: in_force

Every contract or duty governed by this chapter imposes an obligation of good faith in its performance or enforcement.
RCW 64.34.202 — Washington Code / Title 64 / Chapter 34 / Section 202
RCW 64.34.202: Reservation of condominium name.
Status: reserved

Upon the filing of a written request with the county office in which the declaration is to be recorded, using such form of written request as may be required by the county office and paying such fee as the county office may establish not in excess of fifty dollars, a person may reserve the exclusive right to use a particular name for a condominium to be created in that county. The name being reserved shall not be identical to any other condominium or subdivision plat located in that county, and such name reservation shall automatically lapse unless within three hundred sixty-five days from the date on which the name reservation is filed the person reserving that name either records a declaration using the reserved name or files a new name reservation request.
RCW 64.34.060 — Washington Code / Title 64 / Chapter 34 / Section 060
RCW 64.34.060: Condemnation.
Status: reserved

(1) If a unit is acquired by condemnation, or if part of a unit is acquired by condemnation leaving the unit owner with a remnant of a unit which may not practically or lawfully be used for any purpose permitted by the declaration, the award must compensate the unit owner for the owner's unit and its appurtenant interest in the common elements, whether or not any common elements are acquired. Upon acquisition, unless the decree otherwise provides, that unit's allocated interests are automatically reallocated to the remaining units in proportion to the respective allocated interests of those units before the taking, and the association shall promptly prepare, execute, and record an amendment to the declaration reflecting the reallocations. Any remnant of a unit remaining after part of a unit is taken under this subsection is thereafter a common element. (2) Except as provided in subsection (1) of this section, if part of a unit is acquired by condemnation, the award must compensate the unit owner for the reduction in value of the unit and its appurtenant interest in the common elements, whether or not any common elements are acquired. Upon acquisition, unless the decree otherwise provides: (a) That unit's allocated interests are reduced in proportion to the reduction in the size of the unit, or on any other basis specified in the declaration; and (b) the portion of the allocated interests divested from the partially acquired unit are automatically reallocated to that unit and the remaining units in proportion to the respective allocated interests of those units before the taking, with the partially acquired unit participating in the reallocation on the basis of its reduced allocated interests. (3) If part of the common elements is acquired by condemnation the portion of the award attributable to the common elements taken shall be paid to the owners based on their respective interests in the common elements unless the declaration provides otherwise. Unless the declaration provides otherwise, any portion of the award attributable to the acquisition of a limited common element must be equally divided among the owners of the units to which that limited common element was allocated at the time of acquisition. (4) The court judgment shall be recorded in every county in which any portion of the condominium is located. (5) Should the association not act, based on a right reserved to the association in the declaration, on the owners' behalf in a condemnation process, the affected owners may individually or jointly act on their own behalf.
RCW 64.34.420 — Washington Code / Title 64 / Chapter 34 / Section 420
RCW 64.34.420: Purchaser's right to cancel.
Status: in_force

(1) A person required to deliver a public offering statement pursuant to RCW 64.34.405 (3) shall provide a purchaser of a unit with a copy of the public offering statement and all material amendments thereto before conveyance of that unit. Unless a purchaser is given the public offering statement more than seven days before execution of a contract for the purchase of a unit, the purchaser, before conveyance, shall have the right to cancel the contract within seven days after first receiving the public offering statement and, if necessary to have seven days to review the public offering statement and cancel the contract, to extend the closing date for conveyance to a date not more than seven days after first receiving the public offering statement. The purchaser shall have no right to cancel the contract upon receipt of an amendment unless the purchaser would have that right under generally applicable legal principles. (2) If a purchaser elects to cancel a contract pursuant to subsection (1) of this section, the purchaser may do so by hand-delivering notice thereof to the offeror or by mailing notice thereof by prepaid United States mail to the offeror or to his or her agent for service of process. Cancellation is without penalty, and all payments made by the purchaser before cancellation shall be refunded promptly. (3) If a person required to deliver a public offering statement pursuant to RCW 64.34.405 (3) fails to provide a purchaser to whom a unit is conveyed with that public offering statement and all material amendments thereto as required by subsection (1) of this section, the purchaser is entitled to receive from that person an amount equal to the greater of (a) actual damages, or (b) ten percent of the sales price of the unit for a willful failure by the declarant or three percent of the sales price of the unit for any other failure. There shall be no liability for failure to deliver any amendment unless such failure would have entitled the purchaser under generally applicable legal principles to cancel the contract for the purchase of the unit had the undisclosed information been evident to the purchaser before the closing of the purchase.
RCW 64.34.430 — Washington Code / Title 64 / Chapter 34 / Section 430
RCW 64.34.430: Escrow of deposits.
Status: in_force

Any deposit made in connection with the purchase or reservation of a unit from a person required to deliver a public offering statement pursuant to RCW 64.34.405 (3) shall be placed in escrow and held in this state in an escrow or trust account designated solely for that purpose by a licensed title insurance company, an attorney, a real estate broker, an independent bonded escrow company, or an institution whose accounts are insured by a governmental agency or instrumentality until: (1) Delivered to the declarant at closing; (2) delivered to the declarant because of purchaser's default under a contract to purchase the unit; (3) refunded to the purchaser; or (4) delivered to a court in connection with the filing of an interpleader action.
RCW 64.06.900 — Washington Code / Title 64 / Chapter 06 / Section 900
RCW 64.06.900: Effective date—1994 c 200.
Status: in_force

This act shall take effect on January 1, 1995.
RCW 64.34.328 — Washington Code / Title 64 / Chapter 34 / Section 328
RCW 64.34.328: Upkeep of condominium.
Status: in_force

(1) Except to the extent provided by the declaration, subsection (2) of this section, or RCW 64.34.352 (7), the association is responsible for maintenance, repair, and replacement of the common elements, including the limited common elements, and each unit owner is responsible for maintenance, repair, and replacement of the owner's unit. Each unit owner shall afford to the association and the other unit owners, and to their agents or employees, access through the owner's unit and limited common elements reasonably necessary for those purposes. If damage is inflicted on the common elements, or on any unit through which access is taken, the unit owner responsible for the damage, or the association if it is responsible, shall be liable for the repair thereof. (2) In addition to the liability that a declarant as a unit owner has under this chapter, the declarant alone is liable for all expenses in connection with real property subject to development rights except that the declaration may provide that the expenses associated with the operation, maintenance, repair, and replacement of a common element that the owners have a right to use shall be paid by the association as a common expense. No other unit owner and no other portion of the condominium is subject to a claim for payment of those expenses. Unless the declaration provides otherwise, any income or proceeds from real property subject to development rights inures to the declarant.
RCW 64.34.264 — Washington Code / Title 64 / Chapter 34 / Section 264
RCW 64.34.264: Amendment of declaration.
Status: in_force

(1) Except in cases of amendments that may be executed by a declarant under RCW 64.34.232 (6) or 64.34.236 ; the association under RCW 64.34.060 , 64.34.220 (5), 64.34.228 (3), 64.34.244 (1), 64.34.248 , or 64.34.268 (8); or certain unit owners under RCW 64.34.228 (2), 64.34.244 (1), 64.34.248 (2), or 64.34.268 (2), and except as limited by subsection (4) of this section, the declaration, including the survey maps and plans, may be amended only by vote or agreement of unit owners of units to which at least sixty-seven percent of the votes in the association are allocated, or any larger percentage the declaration specifies: PROVIDED, That the declaration may specify a smaller percentage only if all of the units are restricted exclusively to nonresidential use. (2) No action to challenge the validity of an amendment adopted by the association pursuant to this section may be brought more than one year after the amendment is recorded. (3) Every amendment to the declaration must be recorded in every county in which any portion of the condominium is located, and is effective only upon recording. An amendment shall be indexed in the name of the condominium and shall contain a cross-reference by recording number to the declaration and each previously recorded amendment thereto. (4) Except to the extent expressly permitted or required by other provisions of this chapter, no amendment may create or increase special declarant rights, increase the number of units, change the boundaries of any unit, the allocated interests of a unit, or the uses to which any unit is restricted, in the absence of the vote or agreement of the owner of each unit particularly affected and the owners of units to which at least ninety percent of the votes in the association are allocated other than the declarant or such larger percentage as the declaration provides. (5) Amendments to the declaration required by this chapter to be recorded by the association shall be prepared, executed, recorded, and certified on behalf of the association by any officer of the association designated for that purpose or, in the absence of designation, by the president of the association. (6) No amendment may restrict, eliminate, or otherwise modify any special declarant right provided in the declaration without the consent of the declarant and any mortgagee of record with a security interest in the special declarant right or in any real property subject thereto, excluding mortgagees of units owned by persons other than the declarant.
RCW 64.90.215 — Washington Code / Title 64 / Chapter 90 / Section 215
RCW 64.90.215: Construction and validity of governing documents.
Status: in_force

(1) All provisions of the governing documents are severable. If any provision of a governing document, or its application to any person or circumstances, is held invalid, the remainder of the governing document or application to other persons or circumstances is not affected. (2) The rule against perpetuities may not be applied to defeat any provision of the governing documents adopted pursuant to RCW 64.90.405 (1)(a). (3) If a conflict exists between the declaration and the organizational documents, the declaration prevails except to the extent the declaration is inconsistent with this chapter. (4)(a) The creation of a common interest community must not be impaired and title to a unit and any common elements must not be rendered unmarketable or otherwise affected by reason of an insignificant failure of the governing documents, or any amendment to the governing documents, to comply with this chapter. (b) This chapter does not determine whether a significant failure impairs marketability. Any unit owner, record owner of a security interest in any portion of the common interest community, or the association has standing to obtain a court order compelling the recordation of a declaration or map or adoption of organizational documents, or any appropriate amendment thereto, or to any other governing document, necessary to comply with the requirements of this chapter and to effectuate the reasonably ascertainable intent of the parties, including the intent to create a common interest community in compliance with this chapter. The failure to (i) include in the declaration or any amendment to the declaration cross-references by recording number to the map or any amendment to the map, or (ii) include in the map or any amendment to the map cross-references by recording number to the declaration or any amendment to the declaration is deemed an insignificant failure to comply with this chapter.
RCW 64.90.430 — Washington Code / Title 64 / Chapter 90 / Section 430
RCW 64.90.430: Contracts and leases—Termination.
Status: in_force

(1) Within two years after the transition meeting, the association may terminate without penalty, upon not less than ninety days' notice to the other party, any of the following if it was entered into before the board was elected: (a) Any management, maintenance, operations, or employment contract, or lease of recreational or parking areas or facilities; or (b) Any other contract or lease between the association and a declarant or an affiliate of a declarant. (2) The association may terminate without penalty, at any time after the board elected by the unit owners pursuant to RCW 64.90.415 (4) takes office upon not less than ninety days' notice to the other party, any contract or lease that is not bona fide or was unconscionable to the unit owners at the time entered into. (3) This section does not apply to: (a) Any lease the termination of which would terminate the common interest community or reduce its size, unless the real estate subject to that lease was included in the common interest community for the purpose of avoiding the right of the association to terminate a lease under this section; or (b) A proprietary lease.
RCW 64.90.540 — Washington Code / Title 64 / Chapter 90 / Section 540
RCW 64.90.540: Reserve account—Withdrawals.
Status: in_force

(1) The board may withdraw funds from the association's reserve account to pay for unforeseen or unbudgeted costs that are unrelated to replacement costs of the reserve components. Any such withdrawal must be recorded in the minute books of the association. The board must give notice of any such withdrawal to each unit owner and adopt a repayment schedule not to exceed twenty-four months unless the board determines that repayment within twenty-four months would impose an unreasonable burden on the unit owners. The board must provide to unit owners along with the annual budget adopted in accordance with RCW 64.90.525 (a) notice of any such withdrawal, (b) a statement of the current deficiency in reserve funding expressed on a per unit basis, and (c) the repayment plan. (2) The board may withdraw funds from the reserve account without satisfying the notification of repayment requirements under this section to pay for replacement costs of reserve components not included in the reserve study.
RCW 64.36.250 — Washington Code / Title 64 / Chapter 36 / Section 250
RCW 64.36.250: Appointment of director to receive service—Requirements for effective service.
Status: in_force

Every applicant for registration under this chapter shall file with the director, in a form the director prescribes by rule, an irrevocable consent appointing the director to be the attorney of the applicant to receive service of any lawful process in any civil suit, action, or proceeding against the applicant or the applicant's successor, executor, or administrator which arises under this chapter or any rule or order issued under this chapter after the consent has been filed, with the same force and validity as if served personally on the person filing the consent. Service may be made by leaving a copy of the process in the office of the director, but it is not effective unless: (1) The plaintiff, who may be the director in a suit, action, or proceeding instituted by the director, forthwith sends notice of the service and a copy of the process by certified mail to the defendant or respondent at the last address of the respondent or defendant on file with the director; and (2) the plaintiff's affidavit of compliance with this section is filed in the case on or before the return day of the process, if any, or within such further time as the court allows.
RCW 64.90.400 — Washington Code / Title 64 / Chapter 90 / Section 400
RCW 64.90.400: Unit owners association—Organization.
Status: in_force

(1) A unit owners association must be organized no later than the date the first unit in the common interest community is conveyed to a purchaser. (2) The membership of the association at all times consists exclusively of all unit owners or, following termination of the common interest community, of all former unit owners entitled to distributions of proceeds under RCW 64.90.290 or their heirs, successors, or assigns. (3) The association must have a board and be organized as a for-profit or nonprofit corporation or limited liability company. (4) In case of any conflict between Title 23B RCW or chapter 23.86 , 24.03A, 24.06, or 25.15 RCW and this chapter, this chapter controls.
RCW 26.16.140 — Washington Code / Title 64 / Chapter 16 / Section 140
RCW 26.16.140: Earnings and accumulations of spouses or domestic partners living apart, minor children.
Status: in_force

When spouses or domestic partners are living separate and apart, their respective earnings and accumulations shall be the separate property of each. The earnings and accumulations of minor children shall be the separate property of the spouse or domestic partner who has their custody or, if no custody award has been made, then the separate property of the spouse or domestic partner with whom said children are living.*** CHANGE IN 2026 *** (SEE 2632.SL ) ***

All lands and all estates or interests in lands, within the state of Washington, which were conveyed or attempted to be conveyed to, or acquired or attempted to be acquired by, any alien or aliens, prior to the date of the adoption of this act, are hereby confirmed to the respective persons at present owning or claiming to own the title thereto derived by, through or under any such alien ownership or attempted ownership, to the extent that title was vested in or conveyed by said alien or aliens: PROVIDED, That nothing in this section shall be construed to affect, adversely or otherwise, any title to any such lands, or to any interest or estate therein, held or claimed by any private person or corporation adversely to the title hereby confirmed.
RCW 65.04.030 — Washington Code / Title 64 / Chapter 04 / Section 030
RCW 65.04.030: Instruments to be recorded or filed.
Status: in_force

The auditor or recording officer must, upon the payment of the fees as required in RCW 36.18.010 for the same, acknowledge receipt therefor in writing or printed form and record in large and well bound books, or by photographic, photomechanical, electronic format, or other approved process, the following: (1) Deeds, grants and transfers of real property, mortgages and releases of mortgages of real estate, instruments or agreements relating to community or separate property, powers of attorney to convey real estate, and leases which have been acknowledged or proved: PROVIDED, That deeds, contracts and mortgages of real estate described by lot and block and addition or plat, shall not be filed or recorded until the plat of such addition has been filed and made a matter of record; (2) Patents to lands and receivers' receipts, whether for mineral, timber, homestead or preemption claims or cash entries; (3) All such other papers or writing as are required by law to be recorded and such as are required by law to be filed.In all cases where premises are rented for a specified time, by express or implied contract, the tenancy shall be deemed terminated at the end of such specified time.Warranty deeds for the conveyance of land may be substantially in the following form, without express covenants: The grantor (here insert the name or names and place or residence) for and in consideration of (here insert consideration) in hand paid, conveys and warrants to (here insert the grantee's name or names) the following described real estate (here insert description), situated in the county of . . . . . ., state of Washington. Dated this . . . . day of . . . . . ., (year) . . . . Every deed in substance in the above form, when otherwise duly executed, shall be deemed and held a conveyance in fee simple to the grantee, his or her heirs and assigns, with covenants on the part of the grantor: (1) That at the time of the making and delivery of such deed he or she was lawfully seized of an indefeasible estate in fee simple, in and to the premises therein described, and had good right and full power to convey the same; (2) that the same were then free from all encumbrances; and (3) that he or she warrants to the grantee, his or her heirs and assigns, the quiet and peaceable possession of such premises, and will defend the title thereto against all persons who may lawfully claim the same, and such covenants shall be obligatory upon any grantor, his or her heirs and personal representatives, as fully and with like effect as if written at full length in such deed.
RCW 64.90.705 — Washington Code / Title 64 / Chapter 90 / Section 705
RCW 64.90.705: Adverse possession, easement.
Status: in_force

A unit owner or person claiming through a unit owner may not acquire title by adverse possession to, or an easement by prescription in, a common element in derogation of the title of another unit owner or the association.
RCW 64.90.440 — Washington Code / Title 64 / Chapter 90 / Section 440
RCW 64.90.440: Maintenance, repair, replacement—Liability of unit owner—Inspection.
Status: in_force

(1) Except to the extent provided by the declaration, subsections (2) and (4) of this section, or RCW 64.90.470 (8), the association must maintain, repair, and replace the common elements, including limited common elements, and each unit owner must maintain, repair, and replace that owner's unit. (2) The board may by rule designate physical components of the property for which a unit owner is otherwise responsible that present a heightened risk of damage or harm to persons or property if the physical components fail. The association may require that specific measures be taken by the unit owner or the association to diminish that risk of harm. If a unit owner fails to accomplish any necessary maintenance, repair, or replacement to those components, or fails to take any other measures required of the unit owner under this subsection, the association may, after notice to a unit owner and an opportunity to be heard, enter the unit in the manner pursuant to subsection (3) of this section to perform such maintenance, repair, replacement, or measure at the expense of that unit owner. (3) Upon prior notice, except in case of an emergency, each unit owner must afford to the association and the other unit owners, and to their agents or employees, access through that owner's unit and limited common elements reasonably necessary for the purposes stated in subsections (1) and (2) of this section, including necessary inspections by the association. If damage is inflicted on the common elements or on any unit through which access is taken, the unit owner responsible for the damage, or the association if it is responsible, is liable for the prompt repair of the damage. (4) In addition to the liability that a declarant as a unit owner has under this chapter, the declarant alone is liable for all expenses in connection with real estate subject to development rights and no other unit owner and no other portion of the common interest community is subject to a claim for payment of those expenses. However, the declaration may provide that the expenses associated with the operation, maintenance, repair, and replacement of a common element that the owners have a right to use must be paid by the association as a common expense. Unless the declaration provides otherwise, any income or proceeds from real estate subject to development rights inures to the declarant. (5) In a plat community or miscellaneous community, if all development rights have expired with respect to any real estate, the declarant remains liable for all expenses of that real estate unless, upon expiration, the declaration provides that the real estate becomes common elements or units.
RCW 64.90.435 — Washington Code / Title 64 / Chapter 90 / Section 435
RCW 64.90.435: Organizational documents.
Status: in_force

(1) Unless provided for in the declaration, the organizational documents of the association must: (a) Provide the number of board members and the titles of the officers of the association; (b) Provide for election by the board or, if the declaration requires, by the unit owners of a president, treasurer, secretary, and any other officers of the association the organizational documents specify; (c) Specify the qualifications, powers and duties, terms of office, and manner of electing and removing board members and officers and filling vacancies in accordance with RCW 64.90.410 ; (d) If applicable, specify the powers the board or officers may delegate to other persons or to a managing agent; (e) Specify a method for the unit owners to amend the organizational documents; (f) Describe the budget ratification process required under RCW 64.90.525 , if not provided in the declaration; (g) Contain any provision necessary to satisfy requirements in this chapter or the declaration concerning meetings, voting, quorums, and other activities of the association; and (h) Provide for any matter required by law of this state other than this chapter to appear in the organizational documents of organizations of the same type as the association. (2) Subject to the declaration and this chapter, the organizational documents may provide for any other necessary or appropriate matters.
RCW 64.60.900 — Washington Code / Title 64 / Chapter 60 / Section 900
RCW 64.60.900: Short title.
Status: in_force

This chapter may be known and cited as the private transfer fee obligation act.
RCW 64.60.901 — Washington Code / Title 64 / Chapter 60 / Section 901
RCW 64.60.901: Effective date—2011 c 36.
Status: in_force

This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 13, 2011].
RCW 64.90.210 — Washington Code / Title 64 / Chapter 90 / Section 210
RCW 64.90.210: Unit boundaries.
Status: in_force

Except as provided by the declaration or, in the case of a plat community or miscellaneous community, by the map: (1)(a) If walls, floors, or ceilings are designated as boundaries of a unit, all lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring, and any other materials constituting any part of the finished surfaces thereof are a part of the unit, and all other portions of the walls, floors, or ceilings are a part of the common elements. (b) If any chute, flue, duct, wire, conduit, bearing wall, bearing column, or any other fixture lies partially within and partially outside the designated boundaries of a unit, any portion thereof serving only that unit is a limited common element allocated solely to that unit, and any portion thereof serving more than one unit or any portion of the common elements is a part of the common elements. (2) Subject to subsection (1)(b) of this section, all spaces, interior partitions, and other fixtures and improvements within the boundaries of a unit are a part of the unit. (3) Any fireplaces, shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, decks, patios, and all exterior doors and windows or other fixtures designed to serve a single unit, but located outside the unit's boundaries, are limited common elements allocated exclusively to that unit.
RCW 64.36.320 — Washington Code / Title 64 / Chapter 36 / Section 320
RCW 64.36.320: Free gifts, awards, and prizes—Security arrangement required of promisor—Other requirements—Private causes of action.
Status: in_force

(1) No person, including a promoter, may advertise, sell, contract for, solicit, arrange, or promise a free gift, an award, a prize, or other item of value in this state as a condition for attending a sales presentation, touring a facility, or performing other activities in connection with the offer or sale of a timeshare under this chapter, without first providing the director with a bond, letter of credit, cash depository, or other security arrangement that will assure performance by the promisor and delivery of the promised gift, award, sweepstakes, prize, or other item of value. (2) Promoters under this chapter shall be strictly liable for delivering promised gifts, prizes, awards, or other items of value offered or advertised in connection with the marketing of timeshares. (3) Persons promised but not receiving gifts, prizes, awards, or other items of consideration covered under this section, shall be entitled in any cause of action in the courts of this state in which their causes prevail, to be awarded treble the stated value of the gifts, prizes, or awards, court costs, and reasonable attorney fees. (4) The director may require that any fees or funds of any description collected from persons in advance, in connection with delivery by the promisor of gifts, prizes, awards, or other items of value covered under this section, be placed in a depository in this state, where they shall remain until performance by the promisor. (5) The director may require commercial promotional programs to be registered and require the provision of whatever information, including financial information, the department deems necessary for protection of purchasers. (6) Persons offering commercial promotional programs shall sign and present to the department a consent to service of process, in the manner required of promoters in this chapter. (7) Registrants or their agents or other persons shall not take possession of promotional materials covered under this section and RCW 64.36.310 , from recipients who have received the materials for attending a sales presentation or touring a project, unless the permission of the recipient is received and the recipient is provided with an accurate signed copy describing such promotional materials. The department shall adopt rules enforcing this subsection. (8) Chapter 19.170 RCW applies to free gifts, awards, prizes, or other items of value regulated under this chapter.
RCW 64.34.442 — Washington Code / Title 64 / Chapter 34 / Section 442
RCW 64.34.442: Conversion condominium projects—Report.
Status: in_force

(1) All cities and counties planning under RCW 36.70A.040 , which have allowed any conversion condominiums within the jurisdiction within the previous twelve-month period, must report annually to the department of commerce the following information: (a) The total number of apartment units converted into condominiums; (b) The total number of conversion condominium projects; and (c) The total number of apartment tenants who receive relocation assistance. (2) Upon completion of a conversion condominium project, a city or county may require the declarant to provide the information described in subsection (1) of this section to the appropriately designated department or agency in the city or county for the purpose of complying with subsection (1) of this section.
RCW 64.35.525 — Washington Code / Title 64 / Chapter 35 / Section 525
RCW 64.35.525: Handling of claim—Prompt response—Procedures.
Status: in_force

A qualified insurer must, on receipt of a notice of a claim under a qualified warranty, promptly make reasonable attempts to contact the claimant to arrange an evaluation of the claim. Claims shall be handled in accordance with the claims procedures set forth in rules by the insurance commissioner, and as follows: (1) The qualified insurer must make all reasonable efforts to avoid delays in responding to a claim under a qualified warranty, evaluating the claim, and scheduling any required repairs. (2) If, after evaluating a claim under a qualified warranty, the qualified insurer determines that the claim is not valid, or not covered under the qualified warranty, the qualified insurer must: (a) Notify the claimant of the decision in writing; (b) set out the reasons for the decision; and (c) set out the rights of the parties under the third-party dispute resolution process for the warranty. (3) Repairs must be undertaken in a timely manner, with reasonable consideration given to weather conditions and the availability of materials and labor. (4) On completing any repairs, the qualified insurer must deliver a copy of the repair specifications to the claimant along with a letter confirming the date the repairs were completed and referencing the repair warranty provided for in RCW 64.35.335 .
RCW 64.34.076 — Washington Code / Title 64 / Chapter 34 / Section 076
RCW 64.34.076: Application to common interest communities.
Status: in_force

(1) This chapter does not apply to common interest communities as defined in RCW 64.90.010 : (a) Created on or after July 1, 2018; or (b) That have amended their governing documents to provide that chapter 64.90 RCW will apply to the common interest community pursuant to RCW 64.90.370 . (2) Pursuant to RCW 64.90.365 , the following provisions of chapter 64.90 RCW apply, and any inconsistent provisions of this chapter do not apply, to a common interest community created before July 1, 2018: (a) RCW 64.90.370 ; (b) RCW 64.90.405 (1) (b) and (c); (c) RCW 64.90.525 ; and (d) RCW 64.90.545 .
RCW 64.44.060 — Washington Code / Title 64 / Chapter 44 / Section 060
RCW 64.44.060: Certification of contractors, supervisors, or workers—Denial, suspension, revocation, or restrictions on certificate—Penalties—Fees.
Status: in_force

(1) A contractor, supervisor, or worker may not perform decontamination, demolition, or disposal work unless issued a certificate by the state department of health. The department shall establish performance standards for contractors, supervisors, and workers by rule in accordance with chapter 34.05 RCW, the administrative procedure act. The department shall train and test, or may approve courses to train and test, contractors, supervisors, and workers on the essential elements in assessing contaminated transient accommodations or property used as an illegal controlled substances manufacturing or storage site to determine hazard reduction measures needed, techniques for adequately reducing contaminants, use of personal protective equipment, methods for proper decontamination, demolition, removal, and disposal of contaminated property, and relevant federal and state regulations. Upon successful completion of the training, and after a background check, the contractor, supervisor, or worker shall be certified. (2) The department may require the successful completion of annual refresher courses provided or approved by the department for the continued certification of the contractor or employee. (3) The department shall provide for reciprocal certification of any individual trained to engage in decontamination, demolition, or disposal work in another state when the prior training is shown to be substantially similar to the training required by the department. The department may require such individuals to take an examination or refresher course before certification. (4) The department may deny, suspend, revoke, or place restrictions on a certificate for failure to comply with the requirements of this chapter or any rule adopted pursuant to this chapter. A certificate may be denied, suspended, revoked, or have restrictions placed on it on any of the following grounds: (a) Failing to perform decontamination, demolition, or disposal work under the supervision of trained personnel; (b) Failing to perform decontamination, demolition, or disposal work using department of health certified decontamination personnel; (c) Failing to file a work plan; (d) Failing to perform work pursuant to the work plan; (e) Failing to perform work that meets the requirements of the department and the requirements of the local health officers; (f) Failing to properly dispose of contaminated property; (g) Committing fraud or misrepresentation in: (i) Applying for or obtaining a certification, recertification, or reinstatement; (ii) seeking approval of a work plan; and (iii) documenting completion of work to the department or local health officer; (h) Failing the evaluation and inspection of decontamination projects pursuant to RCW 64.44.075 ; or (i) If the person has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order or a *residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the department's receipt of a release issued by the department of social and health services stating that the person is in compliance with the order. (5) A contractor, supervisor, or worker who violates any provision of this chapter may be assessed a fine not to exceed five hundred dollars for each violation. (6) The department of health shall prescribe fees as provided for in RCW 43.70.250 for: The issuance and renewal of certificates, conducting background checks of applicants, the administration of examinations, and the review of training courses.
RCW 64.90.365 — Washington Code / Title 64 / Chapter 90 / Section 365
RCW 64.90.365: Common interest communities—Exceptions.
Status: in_force

(1) Except for a plat community or miscellaneous community described in RCW 64.90.360 (4) and a nonresidential or mixed-use common interest community described in RCW 64.90.100 , the following sections apply to a common interest community created before July 1, 2018, and any inconsistent provisions of *chapter 58.19 , 64.32, 64.34, or 64.38 RCW do not apply: (a) RCW 64.90.370 ; (b) RCW 64.90.405 (1) (b) and (c); (c) RCW 64.90.525 ; (d) RCW 64.90.545 ; and (e) RCW 64.90.010 , to the extent necessary to construe this subsection. (2) Except to the extent provided in this subsection, the sections listed in subsection (1) of this section apply only to events and circumstances occurring on or after July 1, 2018, and do not invalidate existing provisions of the governing documents of those common interest communities existing on July 1, 2018. To protect the public interest, RCW ** 64.90.095 and 64.90.525 supersede existing provisions of the governing documents of all plat communities and miscellaneous communities previously subject to *chapter 64.38 RCW. (3) This section does not apply to a common interest community that becomes subject to this chapter under RCW 64.90.360 (1) or by election under RCW 64.90.360 (4), 64.90.370 (1)(b), or 64.90.100 .
RCW 64.90.415 — Washington Code / Title 64 / Chapter 90 / Section 415
RCW 64.90.415: Period of declarant control—Transition.
Status: in_force

(1)(a) Subject to subsection (3) of this section, the declaration may provide for a period of declarant control of the association, during which period a declarant, or persons designated by the declarant, may: (i) Appoint and remove the officers and board members; or (ii) Veto or approve a proposed action of the board or association. (b) A declarant may voluntarily surrender the right to appoint and remove officers and board members before the period ends. In that event, the declarant may require that during the remainder of the period, specified actions of the association or board, as described in a recorded amendment to the declaration executed by the declarant, be approved by the declarant before they become effective. A declarant's failure to veto or approve such proposed action in writing within thirty days after receipt of written notice of the proposed action is deemed approval by the declarant. (2) Regardless of the period provided in the declaration, and except as provided in RCW 64.90.320 (7), a period of declarant control terminates no later than the earliest of: (a) Sixty days after conveyance of seventy-five percent of the units that may be created to unit owners other than a declarant; (b) Two years after the last conveyance of a unit, except to a dealer; (c) Two years after any right to add new units was last exercised; or (d) The day the declarant, after giving notice in a record to unit owners, records an amendment to the declaration voluntarily surrendering all rights to appoint and remove officers and board members. (3) Not later than sixty days after conveyance of twenty-five percent of the units that may be created to unit owners other than a declarant, at least one member and not less than twenty-five percent of the members of the board must be elected by unit owners other than the declarant. Not later than sixty days after conveyance of fifty percent of the units that may be created to unit owners other than a declarant, not less than thirty-three and one-third percent of the members of the board must be elected by unit owners other than the declarant. Until such members are elected and take office, the existing board may continue to act on behalf of the association. (4) Within thirty days after the termination of any period of declarant control or, in the absence of such period, not later than a date that is sixty days after the conveyance of seventy-five percent of the units that may be created to unit owners other than a declarant, the board must schedule a transition meeting and provide notice to the unit owners in accordance with RCW 64.90.445 (1)(c). At the transition meeting, the board elected by the unit owners must be elected in accordance with RCW 64.90.410 (2).
RCW 64.70.030 — Washington Code / Title 64 / Chapter 70 / Section 030
RCW 64.70.030: Interests in real property—Subordination.
Status: in_force

(1) Any person, including a person that owns an interest in the real property, the agency, or a municipality or other unit of local government, may be a holder. An environmental covenant may identify more than one holder. The interest of a holder is an interest in real property. (2) A right of an agency under this chapter or under an environmental covenant, other than a right as a holder, is not an interest in real property. (3) An agency is bound by any obligation it assumes in an environmental covenant, but an agency does not assume obligations merely by signing an environmental covenant. Any other person that signs an environmental covenant is bound by the obligations the person assumes in the covenant, but signing the covenant does not change obligations, rights, or protections granted or imposed under law other than this chapter except as provided in the covenant. (4) The following rules apply to interests in real property in existence at the time an environmental covenant is created or amended: (a) An interest that has priority under other law is not affected by an environmental covenant unless the person that owns the interest subordinates that interest to the covenant. (b) This chapter does not require a person that owns a prior interest to subordinate that interest to an environmental covenant or to agree to be bound by the covenant. (c) A subordination agreement may be contained in an environmental covenant covering real property or in a separate record. If the environmental covenant covers commonly owned property in a common interest community, the record may be signed by any person authorized by the governing board of the owners' association. (d) An agreement by a person to subordinate a prior interest to an environmental covenant affects the priority of that person's interest but does not by itself impose any affirmative obligation on the person with respect to the environmental covenant.
RCW 64.38.030 — Washington Code / Title 64 / Chapter 38 / Section 030
RCW 64.38.030: Association bylaws.
Status: in_force

Unless provided for in the governing documents, the bylaws of the association shall provide for: (1) The number, qualifications, powers and duties, terms of office, and manner of electing and removing the board of directors and officers and filling vacancies; (2) Election by the board of directors of the officers of the association as the bylaws specify; (3) Which, if any, of its powers the board of directors or officers may delegate to other persons or to a managing agent; (4) Which of its officers may prepare, execute, certify, and record amendments to the governing documents on behalf of the association; (5) The method of amending the bylaws; and (6) Subject to the provisions of the governing documents, any other matters the association deems necessary and appropriate.
RCW 64.65.110 — Washington Code / Title 64 / Chapter 65 / Section 110
RCW 64.65.110: Relation to electronic signatures in global and national commerce act.
Status: in_force

This chapter modifies, limits, or supersedes the electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. Sec. 7003(b).
RCW 64.90.675 — Washington Code / Title 64 / Chapter 90 / Section 675
RCW 64.90.675: Implied warranties of quality—Exclusion or modification.
Status: in_force

*** CHANGE IN 2026 *** (SEE 2304.SL ) ***

(1) Except as limited under subsections (2) and (4) of this section with respect to a purchaser of a condominium unit that may be used for residential use, implied warranties of quality under RCW 64.90.670 : (a) May be excluded or modified by written agreement of the parties; and (b) Are excluded by written expression of disclaimer, such as "as is," "with all faults," or other language that in common understanding calls the buyer's attention to the exclusion of warranties. (2) With respect to a purchaser of a condominium unit that may be used for residential use, no disclaimer of implied warranties of quality under RCW 64.90.670 is effective, except that a declarant and any dealer may disclaim liability in an instrument for one or more specified defects or failures to comply with applicable law, if: (a) The declarant or dealer knows or has reason to believe that the specific defects or failures exist at the time of disclosure; (b) The disclaimer specifically describes the defects or failures; (c) The disclaimer includes a statement as to the effect of the defects or failures; (d) The disclaimer is boldfaced, capitalized, underlined, or otherwise set out from surrounding material so as to be conspicuous; and (e) The disclaimer is signed by the purchaser. (3) Except as provided in subsection (4) of this section, a declarant or dealer may not make an express written warranty of quality that limits the implied warranties of quality made to the purchaser set forth in RCW 64.90.670 . (4)(a) With respect to a unit in a condominium created on or after July 27, 2025, a declarant or dealer is not subject to the implied warranties of quality set forth in RCW 64.90.670 if the declarant or dealer provides for the condominium unit an express warranty of quality and express warranty insurance coverage that meets the requirements in (b) of this subsection, and the condominium unit is: (i) An accessory dwelling unit organized as a condominium pursuant to this chapter; (ii) Located in a new building or a conversion building containing 12 or fewer units and two or fewer stories; (iii) Located in a new building or a conversion building containing 12 or fewer units and three or fewer stories, if one story is utilized for parking, either above or below ground, or as a commercial space; or (iv) Located in a new building or a conversion building containing 12 or fewer units where no unit is physically located above or below any other unit, except for balconies, roof decks, overhangs, and minor building features. (b) An express warranty of quality and insurance coverage provided under (a) of this subsection must: (i) Require acknowledgment by the unit purchaser that the express warranty of quality applies; (ii) Allow for recovery of defects under the express warranty of quality by the unit owner and any subsequent purchaser, and by the unit owners association for common areas; (iii) Apply to all condominium units and common areas within the building; and (iv) Provide minimum coverage periods as follows: (A) One year for defective workmanship and materials; (B) Two years for defective plumbing, electrical, and ductwork distribution systems; and (C) 10 years for structural defects to load-bearing structural members. (c) A proceeding for breach of an express warranty of quality and insurance coverage provided under (a) of this subsection must be commenced pursuant to RCW 64.90.680 .
RCW 64.55.040 — Washington Code / Title 64 / Chapter 55 / Section 040
RCW 64.55.040: Inspectors—Qualifications.
Status: in_force

(1) A qualified building enclosure inspector: (a) Must be the architect or engineer of record or another person with substantial and verifiable training and experience in building enclosure design and construction; (b) Shall be free from improper interference or influence relating to the inspections; and (c) May not be an employee, officer, or director of, nor have any pecuniary interest in, the declarant, developer, association, or any party providing services or materials for the project, or any of their respective affiliates, except that the qualified inspector may be the architect or engineer who approved the building enclosure design documents or the architect or engineer of record. The qualified inspector may, but is not required to, assist with the preparation of such design documents. (2) Nothing in this section alters requirements for licensure of any architect, engineer, or other professional, or alters the jurisdiction, authority, or scope of practice of architects, engineers, other professionals, or general contractors.
RCW 64.34.276 — Washington Code / Title 64 / Chapter 34 / Section 276
RCW 64.34.276: Master associations.
Status: in_force

(1) If the declaration provides that any of the powers described in RCW 64.34.304 are to be exercised by or may be delegated to a profit or nonprofit corporation which exercises those or other powers on behalf of a development consisting of one or more condominiums or for the benefit of the unit owners of one or more condominiums, all provisions of this chapter applicable to unit owners' associations apply to any such corporation, except as modified by this section. (2) Unless a master association is acting in the capacity of an association described in RCW 64.34.300 , it may exercise the powers set forth in RCW 64.34.304 (1)(b) only to the extent expressly permitted in the declarations of condominiums which are part of the master association or expressly described in the delegations of power from those condominiums to the master association. (3) If the declaration of any condominium provides that the board of directors may delegate certain powers to a master association, the members of the board of directors have no liability for the acts or omissions of the master association with respect to those powers following delegation. (4) The rights and responsibilities of unit owners with respect to the unit owners' association set forth in RCW 64.34.308 , 64.34.332 , 64.34.336 , 64.34.340 , and 64.34.348 apply in the conduct of the affairs of a master association only to those persons who elect the board of a master association, whether or not those persons are otherwise unit owners within the meaning of this chapter. (5) Notwithstanding the provisions of *RCW 64.34.308 (6) with respect to the election of the board of directors of an association by all unit owners after the period of declarant control ends and even if a master association is also an association described in RCW 64.34.300 , the certificate of incorporation or other instrument creating the master association and the declaration of each condominium, the powers of which are assigned by the declaration or delegated to the master association, must provide that the board of directors of the master association shall be elected after the period of declarant control in any of the following ways: (a) All unit owners of all condominiums subject to the master association may elect all members of that board of directors. (b) All members of the boards of directors of all condominiums subject to the master association may elect all members of that board of directors. (c) All unit owners of each condominium subject to the master association may elect specified members of that board of directors. (d) All members of the board of directors of each condominium subject to the master association may elect specified members of that board of directors.
RCW 64.36.040 — Washington Code / Title 64 / Chapter 36 / Section 040
RCW 64.36.040: Application for registration—When effective.
Status: in_force

If no stop order is in effect and no proceeding is pending under RCW 64.36.100 , a complete registration application becomes effective at 3:00 p.m. Pacific Standard Time on the afternoon of the thirtieth calendar day after the filing of the application or the last amendment or at such earlier time as the director determines.
RCW 64.32.310 — Washington Code / Title 64 / Chapter 32 / Section 310
RCW 64.32.310: Licensed family home child care or licensed child day care center—Regulations—Liability.
Status: in_force

(1) An association of apartment owners may not adopt or enforce a restriction, covenant, condition, bylaw, rule, regulation, provision of a governing document, or master deed provision that effectively prohibits, unreasonably restricts, or limits, directly or indirectly, the use of an apartment as a licensed family home child care operated by a family day care provider or as a licensed child day care center, except as provided in subsection (2) of this section. (2)(a) Nothing in this section prohibits an association of apartment owners from imposing reasonable regulations on a family home child care or a child day care center including, but not limited to, architectural standards, as long as those regulations are identical to those applied to all other apartments within the same association as the family home child care or the child day care center. (b) An association may require that only an apartment with direct access may be used as a family home child care or child day care center. Direct access must be either from the outside of the building or through publicly accessible common areas and facilities. (c) An association may adopt or enforce a restriction, covenant, condition, bylaw, rule, regulation, provision of a governing document, or master deed provision that requires a family home child care or a child day care center operating out of an apartment within the association to: (i) Be licensed under chapter 43.216 RCW; (ii) Indemnify and hold harmless the association against all claims, whether brought by judicial or administrative action, relating to the operation of the family home child care or the child day care center, excluding claims arising in common areas and facilities that the association is solely responsible for maintaining under the governing documents; (iii) Obtain a signed waiver of liability releasing the association from legal claims directly related to the operation of the family home child care or the child day care center from the parent, guardian, or caretaker of each child being cared for by the family home child care or the child day care center. However, an association may not require that a waiver of liability under this subsection be notarized; and (iv) Obtain day care insurance as defined in RCW 48.88.020 or provide self-insurance pursuant to chapter 48.90 RCW, consistent with the requirements in RCW 43.216.700 . (3) An association of apartment owners that willfully violates this section is liable to the family day care provider or the child day care center for actual damages, and shall pay a civil penalty to the family day care provider or the child day care center in an amount not to exceed $1,000. (4) For the purposes of this section, the terms "family day care provider" and "child day care center" have the same meanings as in RCW 43.216.010 .
RCW 64.34.236 — Washington Code / Title 64 / Chapter 34 / Section 236
RCW 64.34.236: Development rights.
Status: reserved

(1) To exercise any development right reserved under RCW 64.34.216 (1)(j), the declarant shall prepare, execute, and record an amendment to the declaration under RCW 64.34.264 , and comply with RCW 64.34.232 . The declarant is the unit owner of any units thereby created. The amendment to the declaration shall assign an identifying number to each new unit created, and, except in the case of subdivision or conversion of units described in subsection (2) of this section, reallocate the allocated interests among all units. The amendment must describe any common elements and any limited common elements thereby created and, in the case of limited common elements, designate the unit to which each is allocated to the extent required by RCW 64.34.228 . (2) Development rights may be reserved within any real property added to the condominium if the amendment adding that real property includes all matters required by RCW 64.34.216 or 64.34.220 , as the case may be, and the survey map and plans include all matters required by RCW 64.34.232 . This provision does not extend the time limit on the exercise of development rights imposed by the declaration pursuant to RCW 64.34.216 (1)(j). (3) Whenever a declarant exercises a development right to subdivide or convert a unit previously created into additional units, common elements, or both: (a) If the declarant converts the unit entirely to common elements, the amendment to the declaration must reallocate all the allocated interests of that unit among the other units as if that unit had been taken by condemnation under RCW 64.34.060 . (b) If the declarant subdivides the unit into two or more units, whether or not any part of the unit is converted into common elements, the amendment to the declaration must reallocate all the allocated interests of the unit among the units created by the subdivision in any reasonable and equitable manner prescribed by the declarant. (4) If the declaration provides, pursuant to RCW 64.34.216 (1)(j), that all or a portion of the real property is subject to the development right of withdrawal: (a) If all the real property is subject to withdrawal, and the declaration or survey map or amendment thereto does not describe separate portions of real property subject to that right, none of the real property may be withdrawn if a unit in that portion of the real property is owned by a person other than the declarant; and (b) If a portion or portions are subject to withdrawal as described in the declaration or in the survey map or in any amendment thereto, no portion may be withdrawn if a unit in that portion of the real property is owned by a person other than the declarant.
RCW 64.36.010 — Washington Code / Title 64 / Chapter 36 / Section 010
RCW 64.36.010: Definitions.
Status: in_force

As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise. (1) "Advertisement" means any written, printed, audio, or visual communication which is published in whole or part to sell, offer to sell, or solicit an offer for a timeshare. (2) "Affiliate of a promoter" means any person who controls, is controlled by, or is under the control of a promoter. (3) "Commercial promotional programs" mean packaging or putting together advertising or promotional materials involving promises of gifts, prizes, awards, or other items of value to solicit prospective purchasers to purchase a product or commodity. (4) "Director" means the director of licensing. (5) "Interval" means that period of time when a timeshare owner is entitled to the possession and use of the timeshare unit. (6) "Offer" means any inducement, solicitation, or attempt to encourage any person to acquire a timeshare. (7) "Person" means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, or other legal or commercial entity. (8) "Promoter" means any person directly or indirectly instrumental in organizing, wholly or in part, a timeshare offering. (9) "Purchaser" means any person, other than a promoter, who by means of a voluntary transfer acquires a legal or equitable interest in a timeshare, other than as security for an obligation. (10) "Sale" or "sell" includes every contract of sale of, contract to sell, or disposition of, a timeshare for value. (11) "Timeshare" means a right to occupy a unit or any of several units during three or more separate time periods over a period of at least three years, including renewal options, whether or not coupled with an estate in land. (12) "Timeshare expenses" means expenditures, fees, charges, or liabilities: (a) Incurred with respect to the timeshares by or on behalf of all timeshare owners in one timeshare property; and (b) imposed on the timeshare units by the entity governing a project of which the timeshare property is a part, together with any allocations to reserves but excluding purchase money payable for timeshares. (13) "Timeshare instrument" means one or more documents, by whatever name denominated, creating or regulating timeshares. (14) "Timeshare owner" means a person who is an owner or co-owner of a timeshare. If title to a timeshare is held in trust, "timeshare owner" means the beneficiary of the trust. (15) "Timeshare salesperson" means any natural person who offers a timeshare unit for sale. (16) "Unit" means the real or personal property, or portion thereof, in which the timeshare exists and which is designated for separate use.
RCW 64.34.392 — Washington Code / Title 64 / Chapter 34 / Section 392
RCW 64.34.392: Reserve account and study—Exemption—Disclosure.
Status: in_force

(1) Except as provided in RCW 64.90.080 and 64.90.545 , a condominium association with ten or fewer unit owners is not required to follow the requirements under RCW 64.34.380 through 64.34.390 if two-thirds of the owners agree to exempt the association from the requirements. (2) The unit owners must agree to maintain an exemption under subsection (1) of this section by a two-thirds vote every three years. (3) Notwithstanding subsections (1) and (2) of this section, a disclosure that the condominium association does not have a reserve study must be included in a unit's public offering statement as required under RCW 64.34.410 or resale certificate as required under RCW 64.34.425 .
RCW 64.70.100 — Washington Code / Title 64 / Chapter 70 / Section 100
RCW 64.70.100: Covenant—Amendment or termination by consent.
Status: in_force

(1) An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by: (a) The agency; (b) Unless waived by the agency, the current owner of the fee simple of the real property subject to the covenant; (c) Each person that originally signed the covenant, unless the person waived in a signed record the right to consent or a court finds that the person no longer exists or cannot be located or identified with the exercise of reasonable diligence; and (d) Except as otherwise provided in subsection (4)(b) of this section, the holder. (2) If an interest in real property is subject to an environmental covenant, the interest is not affected by an amendment of the covenant unless the current owner of the interest consents to the amendment or has waived in a signed record the right to consent to amendments. (3) Except for an assignment undertaken pursuant to a governmental reorganization, assignment of an environmental covenant to a new holder is an amendment. (4) Except as otherwise provided in an environmental covenant: (a) A holder may not assign its interest without consent of the other parties; (b) A holder may be removed and replaced by agreement of the other parties specified in subsection (1) of this section; and (c) A court of competent jurisdiction may fill a vacancy in the position of holder.
RCW 64.90.295 — Washington Code / Title 64 / Chapter 90 / Section 295
RCW 64.90.295: Rights of secured lenders.
Status: in_force

(1) The declaration may require that all or a specified number or percentage of the lenders who hold security interests encumbering the units or who have extended credit to the association approve specified actions of the unit owners or the association as a condition to the effectiveness of those actions, but no requirement for approval may operate to: (a) Deny or delegate control over the general administrative affairs of the association by the unit owners or the board; (b) Prevent the association or the board from commencing, intervening in, or settling any litigation or proceeding; or (c) Prevent any insurance trustee or the association from receiving and distributing any insurance proceeds except pursuant to RCW 64.90.470 . (2) With respect to any action requiring the consent of a specified number or percentage of mortgagees, the consent of only eligible mortgagees holding a first lien security interest need be obtained and the percentage must be based upon the votes attributable to units with respect to which eligible mortgagees have an interest. (3) A lender who has extended credit to an association secured by an assignment of income or an encumbrance on the common elements may enforce its security agreement in accordance with its terms, subject to the requirements of this chapter and other law. A requirement that the association must deposit its periodic common charges before default with the lender to which the association's income has been assigned, or increase its common charges at the lender's direction by amounts reasonably necessary to amortize the loan in accordance with its terms, does not violate the prohibitions on lender approval contained in subsection (1) of this section.
RCW 64.32.180 — Washington Code / Title 64 / Chapter 32 / Section 180
RCW 64.32.180: Exemption from liability for contribution for common expenses prohibited.
Status: in_force

No apartment owner may exempt himself or herself from liability for his or her contribution towards the common expenses by waiver of the use or enjoyment of any of the common areas and facilities or by abandonment of his or her apartment.