RCW 64.50.005 — Washington Code / Title 64 / Chapter 50 / Section 005
RCW 64.50.005: Finding—Intent.
Status: in_force

The legislature finds, declares, and determines that limited changes in the law are necessary and appropriate concerning actions claiming damages, indemnity, or contribution in connection with alleged construction defects. It is the intent of the legislature that this chapter apply to these types of civil actions while preserving adequate rights and remedies for property owners who bring and maintain such actions.
RCW 64.36.081 — Washington Code / Title 64 / Chapter 36 / Section 081
RCW 64.36.081: Fees.
Status: in_force

(1) Applicants or registrants under this chapter shall pay fees determined by the director as provided in RCW 43.24.086 . These fees shall be prepaid and the director may establish fees for the following: (a) Processing an original application for registration of a timeshare offering, along with an additional fee for each interval registered or in the timeshare program; (b) Processing consolidations or adding additional inventory into the program; (c) Reviewing and granting exemptions; (d) Processing annual or periodic renewals; (e) Initially and annually processing and administering any required impound, trust, or escrow arrangement; (f) The review of advertising or promotional materials; (g) Registering persons in the business of selling promotional programs for use in timeshare offerings or sales presentations; (h) Registrations and renewal of registrations of salespersons; (i) The transfer of salespersons' permits to other promoters; (j) Administering and processing examinations for salespersons; (k) Conducting site inspections of registered projects and projects for which registration is pending. (2) The director may establish penalties for registrants in any situation where a registrant has failed to file an amendment to the registration or the disclosure document in a timely manner for material changes, as required in this chapter and rules adopted under this chapter.
RCW 64.90.700 — Washington Code / Title 64 / Chapter 90 / Section 700
RCW 64.90.700: Conversion building notice.
Status: in_force

A declarant or dealer who intends to offer units in a conversion building must provide a conversion building notice of the conversion to the Washington state housing finance commission no later than 120 days before the residential tenants and any residential subtenant in possession of a portion of a conversion building are required to vacate.
RCW 64.90.410 — Washington Code / Title 64 / Chapter 90 / Section 410
RCW 64.90.410: Board members, officers, and committees.
Status: reserved

(1)(a) Except as provided otherwise in the governing documents, subsection (4) of this section, or other provisions of this chapter, the board may act on behalf of the association. (b) In the performance of their duties, officers and board members must exercise the degree of care and loyalty to the association required of an officer or director of a corporation organized, are subject to the conflict of interest rules governing directors and officers, and are entitled to the immunities from liability available to officers and directors under chapter 24.06 RCW. The standards of care and loyalty, and conflict of interest rules and immunities described in this section apply regardless of the form in which the association is organized. (2)(a) Except as provided otherwise in RCW 64.90.300 (9), effective as of the transition meeting held in accordance with RCW 64.90.415 (4), the board must be comprised of at least three members, at least a majority of whom must be unit owners. However, the number of board members need not exceed the number of units then in the common interest community. (b) Unless the declaration or organizational documents provide for the election of officers by the unit owners, the board must elect the officers. (c) Unless provided otherwise in the declaration or organizational documents, board members and officers must take office upon adjournment of the meeting at which they were elected or appointed or, if not elected or appointed at a meeting, at the time of such election or appointment, and must serve until their successor takes office. (d) In determining the qualifications of any officer or board member of the association, "unit owner" includes, unless the declaration or organizational documents provide otherwise, any board member, officer, member, partner, or trustee of any person, who is, either alone or in conjunction with another person or persons, a unit owner. (e) Any officer or board member of the association who would not be eligible to serve as such if he or she were not a board member, officer, partner in, or trustee of such a person is disqualified from continuing in office if he or she ceases to have any such affiliation with that person or that person would have been disqualified from continuing in such office as a natural person. (3) Except when voting as a unit owner, the declarant may not appoint or elect any person or to serve itself as a voting, ex officio or nonvoting board member following the transition meeting. (4) The board may not, without vote or agreement of the unit owners: (a) Amend the declaration, except as provided in RCW 64.90.285 ; (b) Amend the organizational documents of the association; (c) Terminate the common interest community; (d) Elect members of the board, but may fill vacancies in its membership not resulting from removal for the unexpired portion of any term or, if earlier, until the next regularly scheduled election of board members; or (e) Determine the qualifications, powers, duties, or terms of office of board members. (5) The board must adopt budgets as provided in RCW 64.90.525 . (6) Except for committees appointed by the declarant pursuant to special declarant rights, all committees of the association must be appointed by the board. Committees authorized to exercise any power reserved to the board must include at least two board members who have exclusive voting power for that committee. Committees that are not so composed may not exercise the authority of the board and are advisory only. (7) A declaration may provide for the appointment of specified positions on the board by persons other than the unit owners or the declarant or an affiliate of the declarant during or after the period of declarant control. It also may provide a method for filling vacancies in those positions, other than by election by the unit owners. However, after the period of declarant control, appointed members: (a) May not comprise more than one-third of the board; and (b) Have no greater authority than any other board member.
RCW 64.44.080 — Washington Code / Title 64 / Chapter 44 / Section 080
RCW 64.44.080: Civil liability—Immunity.
Status: in_force

Members of the state board of health and local boards of health, local health officers, and employees of the department of health and local health departments are immune from civil liability arising out of the performance of their duties under this chapter, unless such performance constitutes gross negligence or intentional misconduct.
RCW 64.04.140 — Washington Code / Title 64 / Chapter 04 / Section 140
RCW 64.04.140: Legislative declaration—Solar energy systems—Solar easements authorized.
Status: in_force

The legislature declares that the potential economic and environmental benefits of solar energy use are considered to be in the public interest; therefore, local governments are authorized to encourage and protect access to direct sunlight for solar energy systems. The legislature further declares that solar easements appropriate to assuring continued access to direct sunlight for solar energy systems may be created and may be privately negotiated.The county auditor in his or her capacity of recorder of deeds is sole custodian of all books in which are recorded deeds, mortgages, judgments, liens, incumbrances, and other instruments of writing, indexes thereto, maps, charts, town plats, survey and other books and papers constituting the records and files in said office of recorder of deeds, and all such records and files are, and shall be, matters of public information, free of charge to any and all persons demanding to inspect or to examine the same, or to search the same for titles of property. It is said recorder's duty to arrange in suitable places the indexes of said books of record, and when practicable, the record books themselves, to the end that the same may be accessible to the public and convenient for said public inspection, examination, and search, and not interfere with the said auditor's personal control and responsibility for the same, or prevent him or her from promptly furnishing the said records and files of his or her said office to persons demanding any information from the same. The said auditor or recorder must and shall, upon demand, and without charge, freely permit any and all persons, during reasonable office hours, to inspect, examine, and search any or all of the records and files of his or her said office, and to gather any information therefrom, and to make any desired notes or memoranda about or concerning the same, and to prepare an abstract or abstracts of title to any and all property therein contained. The county auditor has fulfilled this obligation regarding those records that can be accessed by the public on the county auditor's website.
RCW 64.04.210 — Washington Code / Title 64 / Chapter 04 / Section 210
RCW 64.04.210: Requests for notice of transfer or encumbrance—Disclosure—Notice to department of social and health services.
Status: in_force

(1) If the department of social and health services has filed a request for notice of transfer or encumbrance under RCW 43.20B.750 : (a) A title insurance company or agent that discovers the presence of a request for notice of transfer or encumbrance when performing a title search on real property shall disclose the presence of the request for notice of transfer or encumbrance in any report preliminary to, or any commitment to offer, a certificate of title insurance for the real property; and (b) Any individual who transfers or encumbers real property shall provide the department of social and health services with a notice of transfer or encumbrance. The department of social and health services shall adopt by rule a model form for notice of transfer or encumbrance to be used by a purchaser or lender when notifying the department. (2) If the department of social and health services has caused to be recorded a termination of request for notice of transfer or encumbrance in the deed and mortgage records under RCW 43.20B.750 , an individual transferring or encumbering the real property is not required to provide the notice of transfer or encumbrance required by subsection (1)(b) of this section.
RCW 64.36.900 — Washington Code / Title 64 / Chapter 36 / Section 900
RCW 64.36.900: Short title.
Status: in_force

This chapter may be known and cited as "The Timeshare Act."
RCW 64.90.530 — Washington Code / Title 64 / Chapter 90 / Section 530
RCW 64.90.530: Financial statements—Association funds.
Status: in_force

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(1) The association must prepare, or cause to be prepared, at least annually, a financial statement of the association in accordance with accrual based accounting practices. (2) The financial statements of associations with annual assessments of $50,000 or more must be audited at least annually by a certified public accountant. In the case of an association with annual assessments of less than $50,000, an annual audit is also required but may be waived annually by unit owners other than the declarant of units to which a majority of the votes in the association are allocated, excluding the votes allocated to units owned by the declarant. (3) The association must keep all funds of the association in the name of the association with a qualified financial institution, except as provided in RCW 64.90.535 . The funds must not be commingled with the funds of any other association or with the funds of any managing agent of the association or any other person, or be kept in any trust account or custodial account in the name of any trustee or custodian. (4) A managing agent who accepts or receives funds belonging to the association must promptly deposit all such funds into an account maintained by the association as provided in subsection (3) of this section or RCW 64.90.535 , as appropriate.
RCW 64.34.220 — Washington Code / Title 64 / Chapter 34 / Section 220
RCW 64.34.220: Leasehold condominiums.
Status: in_force

(1) Any lease, the expiration or termination of which may terminate the condominium or reduce its size, or a memorandum thereof, shall be recorded. Every lessor of those leases must sign the declaration, and the declaration shall state: (a) The recording number of the lease or a statement of where the complete lease may be inspected; (b) The date on which the lease is scheduled to expire; (c) A legal description of the real property subject to the lease; (d) Any right of the unit owners to redeem the reversion and the manner whereby those rights may be exercised, or a statement that they do not have those rights; (e) Any right of the unit owners to remove any improvements within a reasonable time after the expiration or termination of the lease, or a statement that they do not have those rights; and (f) Any rights of the unit owners to renew the lease and the conditions of any renewal, or a statement that they do not have those rights. (2) The declaration may provide for the collection by the association of the proportionate rents paid on the lease by the unit owners and may designate the association as the representative of the unit owners on all matters relating to the lease. (3) If the declaration does not provide for the collection of rents by the association, the lessor may not terminate the interest of a unit owner who makes timely payment of the owner's share of the rent and otherwise complies with all covenants other than the payment of rent which, if violated, would entitle the lessor to terminate the lease. (4) Acquisition of the leasehold interest of any unit owner by the owner of the reversion or remainder does not merge the leasehold and fee simple interests unless the leasehold interests of all unit owners subject to that reversion or remainder are acquired and the owner thereof records a document confirming the merger. (5) If the expiration or termination of a lease decreases the number of units in a condominium, the allocated interests shall be reallocated in accordance with RCW 64.34.060 (1) as though those units had been taken by condemnation. Reallocations shall be confirmed by an amendment to the declaration and survey map and plans prepared, executed, and recorded by the association.
RCW 64.55.901 — Washington Code / Title 64 / Chapter 55 / Section 901
RCW 64.55.901: Effective date—2005 c 456.
Status: in_force

This act takes effect August 1, 2005.
RCW 64.04.190 — Washington Code / Title 64 / Chapter 04 / Section 190
RCW 64.04.190: Public utility and transportation corridors—Defined.
Status: in_force

Public utility and transportation corridors are railroad properties (1) on which railroad operations have ceased; (2) that have been found suitable for public use by an order of the Interstate Commerce Commission of the United States; and (3) that have been acquired by purchase, lease, donation, exchange, or other agreement by the state, one of its political subdivisions, or a public utility.See RCW 61.12.030 , 9.45.060 .
RCW 64.04.200 — Washington Code / Title 64 / Chapter 04 / Section 200
RCW 64.04.200: Existing rate or charge for energy conservation—Seller's duty to disclose.
Status: in_force

Prior to closing, the seller of real property subject to a rate or charge for energy conservation measures, services, or payments provided under a tariff approved by the utilities and transportation commission pursuant to RCW 80.28.065 shall disclose to the purchaser of the real property the existence of the obligation and the possibility that the purchaser may be responsible for the payment obligation.
RCW 64.90.545 — Washington Code / Title 64 / Chapter 90 / Section 545
RCW 64.90.545: Reserve study.
Status: in_force

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(1) Unless exempt under subsection (2) of this section, an association must prepare and update a reserve study in accordance with this chapter. An initial reserve study must be prepared by a reserve study professional and based upon either a reserve study professional's visual site inspection of completed improvements or a review of plans and specifications of or for unbuilt improvements, or both when construction of some but not all of the improvements is complete. An updated reserve study must be prepared annually. An updated reserve study must be prepared at least every third year by a reserve study professional and based upon a visual site inspection conducted by the reserve study professional. (2) Unless the governing documents require otherwise, subsection (1) of this section does not apply (a) to common interest communities containing units that are restricted in the declaration to nonresidential use, (b) to common interest communities that have only nominal reserve costs, or (c) when the cost of the reserve study or update exceeds ten percent of the association's annual budget. (3) The governing documents may impose greater requirements on the board.
RCW 64.34.304 — Washington Code / Title 64 / Chapter 34 / Section 304
RCW 64.34.304: Unit owners' association—Powers.
Status: in_force

(1) Except as provided in subsection (2) of this section, and subject to the provisions of the declaration, the association may: (a) Adopt and amend bylaws, rules, and regulations; (b) Adopt and amend budgets for revenues, expenditures, and reserves, and impose and collect assessments for common expenses from unit owners; (c) Hire and discharge or contract with managing agents and other employees, agents, and independent contractors; (d) Institute, defend, or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more unit owners on matters affecting the condominium; (e) Make contracts and incur liabilities; (f) Regulate the use, maintenance, repair, replacement, and modification of common elements; (g) Cause additional improvements to be made as a part of the common elements; (h) Acquire, hold, encumber, and convey in its own name any right, title, or interest to real or personal property, but common elements may be conveyed or subjected to a security interest only pursuant to RCW 64.34.348 ; (i) Grant easements, leases, licenses, and concessions through or over the common elements and petition for or consent to the vacation of streets and alleys; (j) Impose and collect any payments, fees, or charges for the use, rental, or operation of the common elements, other than limited common elements described in RCW 64.34.204 (2) and (4), and for services provided to unit owners; (k) Impose and collect charges for late payment of assessments pursuant to RCW 64.34.364 (13) and, after notice and an opportunity to be heard by the board of directors or by such representative designated by the board of directors and in accordance with such procedures as provided in the declaration or bylaws or rules and regulations adopted by the board of directors, levy reasonable fines in accordance with a previously established schedule thereof adopted by the board of directors and furnished to the owners for violations of the declaration, bylaws, and rules and regulations of the association; (l) Impose and collect reasonable charges for the preparation and recording of amendments to the declaration, resale certificates required by RCW 64.34.425 , and statements of unpaid assessments; (m) Provide for the indemnification of its officers and board of directors and maintain directors' and officers' liability insurance; (n) Assign its right to future income, including the right to receive common expense assessments, but only to the extent the declaration provides; (o) Join in a petition for the establishment of a parking and business improvement area, participate in the ratepayers' board or other advisory body set up by the legislative authority for operation of a parking and business improvement area, and pay special assessments levied by the legislative authority on a parking and business improvement area encompassing the condominium property for activities and projects which benefit the condominium directly or indirectly; (p) Establish and administer a reserve account as described in RCW 64.34.380 ; (q) Prepare a reserve study as described in RCW 64.34.380 ; (r) Exercise any other powers conferred by the declaration or bylaws; (s) Exercise all other powers that may be exercised in this state by the same type of corporation as the association; and (t) Exercise any other powers necessary and proper for the governance and operation of the association. (2) The declaration may not impose limitations on the power of the association to deal with the declarant which are more restrictive than the limitations imposed on the power of the association to deal with other persons.
RCW 64.65.070 — Washington Code / Title 64 / Chapter 65 / Section 070
RCW 64.65.070: Relocation affidavit.
Status: in_force

(1) If an order under RCW 64.65.040 requires the construction of an improvement as a condition for relocation of an easement, relocation is substantially complete, and the easement holder is able to enter, use, and enjoy the easement in the new location, the servient estate owner shall: (a) Record, in the land records of each jurisdiction where the servient estate is located, an affidavit certifying that the easement has been relocated; and (b) Send, by certified mail, a copy of the recorded affidavit to the easement holder and parties to the civil action. (2) Until an affidavit under subsection (1) of this section is recorded and sent, the easement holder may enter, use, and enjoy the easement in the current location, subject to the court's order under RCW 64.65.040 approving relocation. (3) If an order under RCW 64.65.040 does not require an improvement to be constructed as a condition of the relocation, recording the order under RCW 64.65.040 (4) constitutes relocation.
RCW 64.70.090 — Washington Code / Title 64 / Chapter 70 / Section 090
RCW 64.70.090: Covenant—Duration—Court action.
Status: in_force

(1) An environmental covenant is perpetual unless it is: (a) By its terms limited to a specific duration or terminated by the occurrence of a specific event; (b) Terminated by consent pursuant to RCW 64.70.100 ; (c) Terminated pursuant to subsection (2) of this section; (d) Terminated by foreclosure of an interest that has priority over the environmental covenant; or (e) Terminated or modified in an eminent domain proceeding, but only if: (i) The agency that signed the covenant is a party to the proceeding; (ii) All persons identified in RCW 64.70.100 (1) and (2) are given notice of the pendency of the proceeding; and (iii) The court determines, after hearing, that the termination or modification will not adversely affect human health or the environment. (2) If the agency that signed an environmental covenant has determined that the intended benefits of the covenant can no longer be realized, a court, under the doctrine of changed circumstances, in an action in which all persons identified in RCW 64.70.100 (1) and (2) have been given notice, may terminate the covenant or reduce its burden on the real property subject to the covenant. (3) Except as otherwise provided in subsections (1) and (2) of this section, an environmental covenant may not be extinguished, limited, or impaired through issuance of a tax deed, foreclosure of a tax lien, or application of the doctrine of adverse possession, prescription, abandonment, waiver, lack of enforcement, or acquiescence, or a similar doctrine. (4) An environmental covenant may not be extinguished, limited, or impaired by the extinguishment of a mineral interest under chapter 78.22 RCW.
RCW 64.34.212 — Washington Code / Title 64 / Chapter 34 / Section 212
RCW 64.34.212: Description of units.
Status: in_force

A description of a unit which sets forth the name of the condominium, the recording number for the declaration, the county in which the condominium is located, and the identifying number of the unit is a sufficient legal description of that unit and all rights, obligations, and interests appurtenant to that unit which were created by the declaration or bylaws.
RCW 64.90.900 — Washington Code / Title 64 / Chapter 90 / Section 900
RCW 64.90.900: Short title.
Status: in_force

This chapter may be known and cited as the Washington uniform common interest ownership act.
RCW 64.90.575 — Washington Code / Title 64 / Chapter 90 / Section 575
RCW 64.90.575: 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 unit owners 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 unit.
RCW 64.36.200 — Washington Code / Title 64 / Chapter 36 / Section 200
RCW 64.36.200: Cease and desist order—Notification—Hearing.
Status: in_force

(1) The director may order any person to cease and desist from an act or practice if it appears that the person is violating or is about to violate any provision of this chapter or any rule or order issued under this chapter. (2) Upon the entry of the temporary order to cease and desist, the director shall promptly notify the recipient of the order that it has been entered and the reasons therefor and that if requested in writing by such person within fifteen days after service of the director's notification, the matter will be scheduled for hearing which shall be held within a reasonable time and in accordance with chapter 34.05 RCW. The temporary order shall remain in effect until ten days after the hearing is held. (3) If a person does not request a hearing, the order shall become final. (4) Unlicensed timeshare activity is subject to RCW 18.235.150 .
RCW 64.70.050 — Washington Code / Title 64 / Chapter 70 / Section 050
RCW 64.70.050: Covenants—Enforceability.
Status: in_force

(1) An environmental covenant that complies with this chapter runs with the land. (2) An environmental covenant that is otherwise effective is valid and enforceable even if: (a) It is not appurtenant to an interest in real property; (b) It can be or has been assigned to a person other than the original holder; (c) It is not of a character that has been recognized traditionally at common law; (d) It imposes a negative burden; (e) It imposes an affirmative obligation on a person having an interest in the real property or on the holder; (f) The benefit or burden does not touch or concern real property; (g) There is no privity of estate or contract; (h) The holder dies, ceases to exist, resigns, or is replaced; or (i) The owner of an interest subject to the environmental covenant and the holder are the same person. (3) An instrument that creates restrictions or obligations with respect to real property that would qualify as activity or use limitations except for the fact that the instrument was recorded before July 22, 2007, is not invalid or unenforceable because of any of the limitations on enforcement of interests described in subsection (2) of this section or because it was identified as an easement, servitude, deed restriction, or other interest. This chapter does not apply in any other respect to such an instrument. (4) This chapter does not invalidate or render unenforceable any interest, whether designated as an environmental covenant or other interest, that is otherwise enforceable under the law of this state.
RCW 64.90.600 — Washington Code / Title 64 / Chapter 90 / Section 600
RCW 64.90.600: Applicability—Waiver.
Status: in_force

(1) RCW 64.90.605 through 64.90.695 apply to all units subject to this chapter, except as provided in subsections (2) and (3) of this section. (2) RCW 64.90.605 through 64.90.695 do not apply in the case of: (a) A conveyance by gift, devise, or descent; (b) A conveyance pursuant to court order; (c) A conveyance by a government or governmental agency; (d) A conveyance by foreclosure; (e) A conveyance of all of the units in a common interest community in a single transaction; (f) A conveyance to other than a purchaser; (g) An agreement to convey that may be canceled at any time and for any reason by the purchaser without penalty; (h) A conveyance of a unit restricted to nonresidential uses, except and to the extent otherwise agreed to in writing by the seller and purchaser of that unit. (3) RCW 64.90.665 , 64.90.670 , 64.90.675 , 64.90.680 , 64.90.690 , and 64.90.695 apply only to condominiums created under this chapter, and do not apply to other common interest communities. (4) RCW 64.90.640 applies to all units subject to this chapter unless the buyer of a unit within a common interest community has expressly waived the receipt of a resale certificate because it is unavailable. For purposes of this subsection and RCW 64.90.640 (1), a resale certificate is unavailable if: (a) The seller attests that the association failed to provide the resale certificate within 10 days of request and delivery of payment pursuant to the requirements of RCW 64.90.640 (2); (b) The seller indicates in the seller disclosure statement required by chapter 64.06 RCW that there is no homeowners' association and no regular periodic assessments; (c) The seller attests that they have owned the property for at least 365 days and, to the best of the seller's knowledge, the association has not sent notice of an annual meeting, budget ratification, or assessments, or attempted to enforce the covenants in the last five years or since the seller purchased the property, whichever is less; or (d) The seller attests that they have made three good-faith attempts to request the resale certificate and remit payment to the association or its authorized agent and has not received a response within three business days.
RCW 64.38.040 — Washington Code / Title 64 / Chapter 38 / Section 040
RCW 64.38.040: Quorum for meeting.
Status: in_force

Unless the governing documents specify a different percentage, a quorum is present throughout any meeting of the association if the owners to which thirty-four percent of the votes of the association are allocated are present in person or by proxy at the beginning of the meeting.
RCW 64.34.470 — Washington Code / Title 64 / Chapter 34 / Section 470
RCW 64.34.470: Conversion condominium notice.
Status: in_force

A declarant of a conversion condominium, and any dealer who intends to offer units in such a condominium, must provide a conversion condominium notice of the conversion to the Washington state housing finance commission no later than 120 days before the residential tenants and any residential subtenant in possession of a portion of a conversion condominium are required to vacate.
RCW 64.44.070 — Washington Code / Title 64 / Chapter 44 / Section 070
RCW 64.44.070: Rules and standards—Chapter administration, property decontamination.
Status: in_force

(1) The state board of health shall promulgate rules and standards for carrying out the provisions in this chapter in accordance with chapter 34.05 RCW, the administrative procedure act. The local board of health and the local health officer are authorized to exercise such powers as may be necessary to carry out this chapter. The department may provide technical assistance to local health boards and health officers to carry out their duties under this chapter. (2) The department shall adopt rules for decontamination of a property used as a laboratory for the production of controlled substances and methods for the testing of porous and nonporous surfaces, groundwater, surface water, soil, and septic tanks for contamination. The rules shall establish decontamination standards for hazardous chemicals, including but not limited to methamphetamine, lead, mercury, and total volatile organic compounds.
RCW 64.34.300 — Washington Code / Title 64 / Chapter 34 / Section 300
RCW 64.34.300: Unit owners' association—Organization.
Status: in_force

A unit owners' association shall be organized no later than the date the first unit in the condominium is conveyed. The membership of the association at all times shall consist exclusively of all the unit owners. Following termination of the condominium, the membership of the association shall consist of all of the unit owners at the time of termination entitled to distributions of proceeds under RCW 64.34.268 or their heirs, successors, or assigns. The association shall be organized as a profit or nonprofit corporation. In case of any conflict between Title 23B RCW, the business corporation act, chapter 24.03A RCW, the nonprofit corporation act, or chapter 24.06 RCW, the nonprofit miscellaneous and mutual corporations act, and this chapter, this chapter shall control.
RCW 64.80.904 — Washington Code / Title 64 / Chapter 80 / Section 904
RCW 64.80.904: Relation to electronic signatures in global and national commerce act—2014 c 58.
Status: in_force

Chapter 58, Laws of 2014 modifies, limits, and supersedes the federal 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 64.90.085 — Washington Code / Title 64 / Chapter 90 / Section 085
RCW 64.90.085: Common interest communities, amendments to.
Status: in_force

Amendments to this chapter apply to all common interest communities subject to this chapter, regardless of when the amendments become effective.
RCW 64.90.110 — Washington Code / Title 64 / Chapter 90 / Section 110
RCW 64.90.110: Exempt real estate arrangements.
Status: in_force

(1) An arrangement between the associations for two or more common interest communities to share the costs of real estate taxes, insurance premiums, services, maintenance or improvements of real estate, or other activities specified in their arrangement or declarations does not create a separate common interest community. (2) An arrangement between an association for a common interest community and the owner of real estate that is not part of a common interest community to share the costs of real estate taxes, insurance premiums, services, maintenance or improvements of real estate, or other activities specified in their arrangement does not create a separate common interest community. However, costs payable by the common interest community as a result of the arrangement must be included in the periodic budget for the common interest community, and the arrangement must be disclosed in all public offering statements and resale certificates required under this chapter. (3) Except for a cooperative, a lease in which the tenant is obligated to share the costs of real estate taxes, insurance premiums, services, maintenance or improvements of real estate, or other activities specified in an arrangement does not create a separate common interest community.
RCW 64.70.130 — Washington Code / Title 64 / Chapter 70 / Section 130
RCW 64.70.130: Electronic signatures in global and national commerce act.
Status: in_force

This chapter modifies, limits, or supersedes the federal 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 of that act (15 U.S.C. Sec. 7001(a)) or authorize electronic delivery of any of the notices described in section 103 of that act (15 U.S.C. Sec. 7003(b)).
RCW 64.90.630 — Washington Code / Title 64 / Chapter 90 / Section 630
RCW 64.90.630: Public offering statement—Contract of sale—Conveyance restriction.
Status: in_force

In the case of a sale of a unit in which delivery of a public offering statement is required, a contract of sale may be executed unless otherwise prohibited by applicable law, but interest in that unit may not be conveyed until: (1) The declaration and map that create the common interest community in which that unit is located are recorded pursuant to RCW 64.90.200 (1) and 64.90.245 (3); and (2) In the case of a unit in a building containing that unit or a building comprising that unit, the unit is substantially completed and available for occupancy, and all structural components and mechanical systems of the building containing or comprising that unit are substantially completed, but a declarant or dealer and a purchaser may otherwise specifically agree in writing as to the extent to which the unit will not be substantially completed and available and to which any structural components and mechanical systems will not be substantially completed at the time of conveyance.
RCW 64.34.344 — Washington Code / Title 64 / Chapter 34 / Section 344
RCW 64.34.344: Tort and contract liability.
Status: in_force

Neither the association nor any unit owner except the declarant is liable for that declarant's torts in connection with any part of the condominium which that declarant has the responsibility to maintain. Otherwise, an action alleging a wrong done by the association must be brought against the association and not against any unit owner or any officer or director of the association. Unless the wrong was done by a unit owner other than the declarant, if the wrong by the association occurred during any period of declarant control and the association gives the declarant reasonable notice of and an opportunity to defend against the action, the declarant who then controlled the association is liable to the association or to any unit owner: (1) For all tort losses not covered by insurance suffered by the association or that unit owner; and (2) for all costs which the association would not have incurred but for a breach of contract or other wrongful act or omission by the association. If the declarant does not defend the action and is determined to be liable to the association under this section, the declarant is also liable for all litigation expenses, including reasonable attorneys' fees, incurred by the association in such defense. Any statute of limitations affecting the association's right of action under this section is tolled until the period of declarant control terminates. A unit owner is not precluded from bringing an action contemplated by this section because he or she is a unit owner or a member or officer of the association. Liens resulting from judgments against the association are governed by RCW 64.34.368 .
RCW 64.35.320 — Washington Code / Title 64 / Chapter 35 / Section 320
RCW 64.35.320: Beginning dates for warranty coverage.
Status: in_force

(1) For the unit, the beginning date of the qualified warranty coverage is the earlier of: (a) Actual occupancy of the unit; or (b) Transfer of legal title to the unit. (2) For the common elements, the beginning date of a qualified warranty is the date a temporary or final certificate of occupancy is issued for the common elements in each separate multiunit building, comprised by the condominium.
RCW 64.35.410 — Washington Code / Title 64 / Chapter 35 / Section 410
RCW 64.35.410: Authorized exclusions—General.
Status: in_force

(1) A qualified insurer may exclude from a qualified warranty: (a) Landscaping, both hard and soft, including plants, fencing, detached patios, planters not forming a part of the building envelope, gazebos, and similar structures; (b) Any commercial use area and any construction associated with a commercial use area; (c) Roads, curbs, and lanes; (d) Subject to subsection (2) of this section, site grading and surface drainage except as required by the building code; (e) Municipal services operation, including sanitary and storm sewer; (f) Septic tanks or septic fields; (g) The quality or quantity of water, from either a piped municipal water supply or a well; (h) A water well, but excluding equipment installed for the operation of a water well used exclusively for a unit, which equipment is part of the plumbing system for that unit for the purposes of the qualified warranty. (2) The exclusions permitted by subsection (1) of this section do not include any of the following: (a) A driveway or walkway; (b) Recreational and amenity facilities situated in, or included as the common property of, a unit; (c) A parking structure in a multiunit building; (d) A retaining wall that: (i) An authority with jurisdiction requires to be designed by a professional engineer; or (ii) Is reasonably required for the direct support of, or retaining soil away from, a unit, driveway, or walkway.
RCW 64.65.900 — Washington Code / Title 64 / Chapter 65 / Section 900
RCW 64.65.900: Short title.
Status: in_force

RCW 64.65.010 through 64.65.130 may be known and cited as the uniform easement relocation act.
RCW 64.37.050 — Washington Code / Title 64 / Chapter 37 / Section 050
RCW 64.37.050: Liability insurance.
Status: in_force

A short-term rental operator must maintain primary liability insurance to cover the short-term rental dwelling unit in the aggregate of not less than one million dollars or conduct each short-term rental transaction through a platform that provides equal or greater primary liability insurance coverage. Nothing in this section prevents an operator or a platform from seeking contributions from any other insurer also providing primary liability insurance coverage for the short-term rental transaction to the extent of that insurer's primary liability coverage limits.
RCW 64.04.175 — Washington Code / Title 64 / Chapter 04 / Section 175
RCW 64.04.175: Easements established by dedication—Extinguishing or altering.
Status: in_force

Easements established by a dedication are property rights that cannot be extinguished or altered without the approval of the easement owner or owners, unless the plat or other document creating the dedicated easement provides for an alternative method or methods to extinguish or alter the easement.
RCW 64.35.330 — Washington Code / Title 64 / Chapter 35 / Section 330
RCW 64.35.330: Living expense allowance.
Status: in_force

(1) If repairs are required under the qualified warranty and damage to the unit, or the extent of the repairs renders the unit uninhabitable, the qualified warranty must cover reasonable living expenses incurred by the owner to live elsewhere in an amount commensurate with the nature of the unit. (2) If a qualified insurer establishes a maximum amount per day for claims for living expenses, the limit must be the greater of one hundred dollars per day or a reasonable amount commensurate with the nature of the unit for the complete reimbursement of the actual accommodation expenses incurred by the owner at a hotel, motel, or other rental accommodation up to the day the unit is ready for occupancy, subject to the owner receiving twenty-four hours' advance notice.
RCW 64.04.007 — Washington Code / Title 64 / Chapter 04 / Section 007
RCW 64.04.007: Owner-occupied real property—Release of security interest—Outstanding debt—Notice to borrower—Definition.
Status: in_force

(1) If the beneficiary or mortgagee, or its assignees, of debt secured by owner-occupied real property intends to release its deed of trust or mortgage in the real property for less than full payment of the secured debt, it shall provide upon its first written notice to the borrower the following information in substantially the following form: "To: [Name of borrower] DATE: Please take note that [name of beneficiary or mortgagee, or its assignees], in releasing its security interest in this owner-occupied real property, [waives or reserves] the right to collect that amount that constitutes full payment of the secured debt. The amount of debt outstanding as of the date of this letter is $. . . . . .. However, nothing in this letter precludes the borrower from negotiating with the [name of beneficiary or mortgagee, or its assignees] for a full release of this outstanding debt. If [name of beneficiary or mortgagee, or its assignees] does not initiate a court action to collect the outstanding debt within three years on the date which it released its security interest, the right to collect the outstanding debt is forfeited." (2) If the beneficiary or mortgagee, or its assignees, of debt secured by owner-occupied real property intends to pursue collection of the outstanding debt, it must initiate a court action to collect the remaining debt within three years from the date on which it released its deed of trust or mortgage in the owner-occupied real property or else it forfeits any right to collect the remaining debt. (3) This section applies only to debts incurred by individuals primarily for personal, family, or household purposes. This section does not apply to debts for business, commercial, or agricultural purposes. (4) For the purposes of this section, "owner-occupied real property" means real property consisting solely of a single-family residence, a residential condominium unit, or a residential cooperative unit that is the principal residence of the borrower.
RCW 64.36.185 — Washington Code / Title 64 / Chapter 36 / Section 185
RCW 64.36.185: Director's powers—Employment of outside persons for advice on project operating budget—Reimbursement by promoter—Notice and hearing.
Status: in_force

(1) If it appears that the operating budget of a project fails to adequately provide for funding of reserve accounts, the director may employ outside professionals or consultants to provide advice or to develop an alternative budget. The promoter shall pay or reimburse the department for the costs incurred for such professional opinions. (2) Before employing consultants under this section, the director shall provide the applicant with written notice and an opportunity for a hearing under chapter 34.05 RCW.
RCW 64.34.400 — Washington Code / Title 64 / Chapter 34 / Section 400
RCW 64.34.400: Applicability—Waiver.
Status: in_force

(1) This article applies to all units subject to this chapter, except as provided in subsection (2) of this section and unless and to the extent otherwise agreed to in writing by the seller and purchasers of those units that are restricted to nonresidential use in the declaration. (2) This article shall not apply in the case of: (a) A conveyance by gift, devise, or descent; (b) A conveyance pursuant to court order; (c) A disposition by a government or governmental agency; (d) A conveyance by foreclosure; (e) A disposition of all of the units in a condominium in a single transaction; (f) A disposition to other than a purchaser as defined in RCW 64.34.020 (32); or (g) A disposition that may be canceled at any time and for any reason by the purchaser without penalty.
RCW 64.90.370 — Washington Code / Title 64 / Chapter 90 / Section 370
RCW 64.90.370: Election of preexisting common interest communities, plat communities, miscellaneous communities.
Status: in_force

(1) The declaration of any common interest community created before July 1, 2018, or of a plat community or miscellaneous community described in RCW 64.90.360 (4) may be amended to: (a) Provide that all the sections listed in RCW 64.90.365 (1) apply to the common interest community; or (b) Provide that this chapter will apply to the common interest community, regardless of what applicable law provided before chapter 277, Laws of 2018 was adopted. (2) Except as provided otherwise in subsection (3) of this section or in RCW 64.90.285 (8), (9), or (10), an amendment under this section to the governing documents of a common interest community created before July 1, 2018, must be adopted in conformity with any procedures and requirements for amending the instruments specified by those instruments and in conformity with the amendment procedures of this chapter. If the governing documents do not contain provisions authorizing amendment, the amendment procedures of this chapter apply. If an amendment grants to a person a right, power, or privilege permitted under this chapter, any correlative obligation, liability, or restriction in this chapter also applies to the person. (3) Notwithstanding any provision in the governing documents of a common interest community that govern the procedures and requirements for amending the governing documents, an amendment under subsection (1) of this section may be made as follows: (a) The board shall propose such amendment to the owners if the board deems it appropriate or if owners holding 20 percent or more of the votes in the association request such an amendment in writing to the board; (b) Upon satisfaction of the foregoing requirements, the board shall prepare a proposed amendment and shall provide the owners with a notice in a record containing the proposed amendment and at least 30 days' advance notice of a meeting to discuss the proposed amendment; (c) Following such meeting, the board shall provide the owners with a notice in a record containing the proposed amendment and a ballot to approve or reject the amendment; (d) The amendment shall be deemed approved if owners holding at least 30 percent of the votes in the association participate in the voting process, and at least 67 percent of the votes cast by participating owners are in favor of the proposed amendment.
RCW 64.90.511 — Washington Code / Title 64 / Chapter 90 / Section 511
RCW 64.90.511: Governing documents—Unlawful restriction, removal.
Status: in_force

(1) The board of an association may, without a vote of the unit owners, amend the governing documents to remove an unlawful restriction. (2) A unit owner may request, in a record that sufficiently identifies an unlawful restriction in the governing document, that the board exercise its authority under subsection (1) of this section. Not later than 90 days after the board receives the request, the board shall determine reasonably and in good faith whether the governing document includes the unlawful restriction. If the board determines the governing document includes the unlawful restriction, the board not later than 90 days after the determination shall amend the governing document to remove the unlawful restriction. (3) Notwithstanding any provision of the governing document or other law of this state, the board may execute an amendment under this section. (4) An amendment under this section is effective notwithstanding any provision of the governing document or other law of this state that requires a vote of the unit owners to amend the governing document. (5) For purposes of this section and RCW 64.90.5111 : (a) "Amendment" means a document that removes an unlawful restriction. (b) "Document" means a record recorded or eligible to be recorded in land records. (c) "Remove" means eliminate any apparent or purportedly continuing effect on title to real property. (d) "Unlawful restriction" means a prohibition, restriction, covenant, or condition in a governing document that purports to interfere with or restrict the transfer, use, or occupancy of a unit: (i) On the basis of race, color, religion, national origin, sex, familial status, disability, or other personal characteristics; and (ii) In violation of other law of this state or federal law.
RCW 64.70.110 — Washington Code / Title 64 / Chapter 70 / Section 110
RCW 64.70.110: Violations—Civil actions—Regulatory authority under chapter—Liability.
Status: in_force

(1) A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by: (a) A party to the covenant; (b) The agency or, if it is not the agency, the department of ecology; (c) Any person to whom the covenant expressly grants power to enforce; (d) A person whose interest in the real property or whose collateral or liability may be affected by the alleged violation of the covenant; and (e) A municipality or other unit of local government in which the real property subject to the covenant is located. (2) This chapter does not limit the regulatory authority of the agency or the department of ecology under law other than this chapter with respect to an environmental response project. (3) A person is not responsible for or subject to liability for environmental remediation solely because it has the right to enforce an environmental covenant.
RCW 64.34.252 — Washington Code / Title 64 / Chapter 34 / Section 252
RCW 64.34.252: Monuments as boundaries.
Status: in_force

The physical boundaries of a unit constructed in substantial accordance with the original survey map and set of plans thereof become its boundaries rather than the metes and bounds expressed in the survey map or plans, regardless of settling or lateral movement of the building or minor variance between boundaries shown on the survey map or plans and those of the building. This section does not relieve a declarant or any other person of liability for failure to adhere to the survey map and plans.
RCW 64.37.030 — Washington Code / Title 64 / Chapter 37 / Section 030
RCW 64.37.030: Consumer safety.
Status: in_force

(1) All short-term rental operators who offer dwelling units, or portions thereof, for short-term rental use in the state of Washington must: (a) Provide contact information to all short-term rental guests during a guest's stay. The contact must be available to respond to inquiries at the short-term rental during the length of stay; (b) Provide that their short-term rental is in compliance with RCW 19.27.530 and any rules adopted by the state building code council regarding the installation of carbon monoxide alarms; and (c) Post the following information in a conspicuous place within each dwelling unit used as a short-term rental: (i) The short-term rental street address; (ii) The emergency contact information for summoning police, fire, or emergency medical services; (iii) The floor plan indicating fire exits and escape routes; (iv) The maximum occupancy limits; and (v) The contact information for the operator or designated contact. (2) Short-term rental platforms must provide short-term rental operators with a summary of the consumer safety requirements in subsection (1) of this section. (3) For a first violation of this section, the city or county attorney must issue a warning letter to the owner or operator. An owner that violates this section after receiving a warning letter is guilty of a class 2 civil infraction under chapter 7.80 RCW.
RCW 64.65.100 — Washington Code / Title 64 / Chapter 65 / Section 100
RCW 64.65.100: Uniformity of application and construction.
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.
RCW 64.55.070 — Washington Code / Title 64 / Chapter 55 / Section 070
RCW 64.55.070: Inspector, architect, and engineer—No private right of action or basis for liability against.
Status: in_force

(1) Nothing in this chapter and RCW 64.34.073 , 64.34.100 (2), 64.34.410 (1)(nn) and (2), and 64.34.415 (1)(b) is intended to, or does: (a) Create a private right of action against any inspector, architect, or engineer based upon compliance or noncompliance with its provisions; or (b) Create any independent basis for liability against an inspector, architect, or engineer. (2) The qualified inspector, architect, or engineer and the developer that retained the inspector, architect, or engineer may contractually agree to the amount of their liability to the developer.

PDF RCW 64.55.070

Inspector, architect, and engineer — No private right of action or basis for liability against. (Effective January 1, 2028.)

(1) Nothing in this chapter and RCW 64.90.610 (1)(t), (1)(oo), and (3) and 64.90.620 (1)(c) is intended to, or does: (a) Create a private right of action against any inspector, architect, or engineer based upon compliance or noncompliance with its provisions; or (b) Create any independent basis for liability against an inspector, architect, or engineer. (2) The qualified inspector, architect, or engineer and the developer that retained the inspector, architect, or engineer may contractually agree to the amount of their liability to the developer.
RCW 64.34.248 — Washington Code / Title 64 / Chapter 34 / Section 248
RCW 64.34.248: Subdivision of units.
Status: in_force

(1) If the declaration permits, a unit may be subdivided into two or more units. Subject to the provisions of the declaration and other provisions of law, upon application of a unit owner to subdivide a unit, the association shall prepare, execute, and record an amendment to the declaration, including survey maps and plans, subdividing that unit. (2) The amendment to the declaration must be executed by the owner of the unit to be subdivided, assign an identifying number to each unit created, and reallocate the allocated interests formerly allocated to the subdivided unit to the new units in any reasonable and equitable manner prescribed by the owner of the subdivided unit.
RCW 64.34.910 — Washington Code / Title 64 / Chapter 34 / Section 910
RCW 64.34.910: Section captions.
Status: in_force

Section captions as used in this chapter do not constitute any part of the law.
RCW 64.06.080 — Washington Code / Title 64 / Chapter 06 / Section 080
RCW 64.06.080: Seller and landlord disclosure requirement—Electronic notice by city or county.
Status: in_force

(1) Any ordinance, resolution, or policy adopted by a city or county that imposes a requirement on landlords or sellers of real property, or their agents, to provide information to a buyer or tenant pertaining to the subject property or the surrounding area is effective only after: (a) A summary of the ordinance, resolution, or policy is posted electronically in accordance with RCW 43.110.030 (2)(e); and (b) An internet link to the ordinance, resolution, or policy, or the relevant portion of the actual language of the ordinance, resolution, or policy, is posted electronically in accordance with RCW 43.110.030 (2)(e). (2) If, prior to June 9, 2016, a city or county adopted an ordinance, resolution, or policy that imposes a requirement on landlords or sellers of real property, or their agents, to provide information to a buyer or tenant pertaining to the subject property or the surrounding area, the city or county must cause, within ninety days of June 9, 2016: (a) A summary of the ordinance, resolution, or policy to be posted electronically in accordance with RCW 43.110.030 (2)(e); and (b) An internet link to the ordinance, resolution, or policy, or the relevant portion of the actual language of the ordinance, resolution, or policy, to be posted electronically in accordance with RCW 43.110.030 (2)(e). If the requirement is not electronically posted as required by this subsection, the requirement must thereafter cease to be in effect.
RCW 64.65.060 — Washington Code / Title 64 / Chapter 65 / Section 060
RCW 64.65.060: Duty to act in good faith.
Status: in_force

After the court, under RCW 64.65.040 , approves relocation of an easement and the servient estate owner commences the relocation, the servient estate owner, the easement holder, and other parties in the civil action shall act in good faith to facilitate the relocation in compliance with this chapter.
RCW 64.90.550 — Washington Code / Title 64 / Chapter 90 / Section 550
RCW 64.90.550: Reserve study—Contents.
Status: in_force

(1) Any reserve study is supplemental to the association's operating and maintenance budget. (2) A reserve study must include: (a) A reserve component list, including any reserve component, the replacement cost of which exceeds one percent of the annual budget of the association, excluding contributions to the reserves for that reserve component. If one of these reserve components is not included in the reserve study, the study must explain the basis for its exclusion. The study must also include quantities and estimates for the useful life of each reserve component, the remaining useful life of each reserve component, and current major replacement costs for each reserve component; (b) The date of the study and a disclosure as to whether the study meets the requirements of this section; (c) The following level of reserve study performed: (i) Level I: Full reserve study funding analysis and plan; (ii) Level II: Update with visual site inspection; or (iii) Level III: Update with no visual site inspection; (d) The association's reserve account balance; (e) The percentage of the fully funded balance to which the reserve account is funded; (f) Special assessments already implemented or planned; (g) Interest and inflation assumptions; (h) Current reserve account contribution rates for a full funding plan and a baseline funding plan; (i) A recommended reserve account contribution rate for a full funding plan to achieve one hundred percent fully funded reserves by the end of the thirty-year study period, a recommended reserve account contribution rate for a baseline funding plan to maintain the reserve account balance above zero throughout the thirty-year study period without special assessments, and a reserve account contribution rate recommended by the reserve study professional; (j) A projected reserve account balance for thirty years based on each funding plan presented in the reserve study; (k) A disclosure on whether the reserve study was prepared with the assistance of a reserve study professional, and whether the reserve study professional was independent; and (l) A statement of the amount of any current deficit or surplus in reserve funding expressed on a dollars per unit basis. The amount is calculated by subtracting the association's reserve account balance as of the date of the study from the fully funded balance, and then multiplying the result by the fraction or percentage of the common expenses of the association allocable to each unit; except that if the fraction or percentage of the common expenses of the association allocable vary by unit, the association must calculate any current deficit or surplus in a manner that reflects the variation. (3) A reserve study must also include the following disclosure: "This reserve study should be reviewed carefully. It may not include all common and limited common element components that will require major maintenance, repair, or replacement in future years, and may not include regular contributions to a reserve account for the cost of such maintenance, repair, or replacement. The failure to include a component in a reserve study, or to provide contributions to a reserve account for a component, may, under some circumstances, require the association to (1) defer major maintenance, repair, or replacement, (2) increase future reserve contributions, (3) borrow funds to pay for major maintenance, repair, or replacement, or (4) impose special assessments for the cost of major maintenance, repair, or replacement."
RCW 64.36.085 — Washington Code / Title 64 / Chapter 36 / Section 085
RCW 64.36.085: Inspections of projects—Identification of inspectors.
Status: in_force

(1) The director may require inspections of projects registered under this chapter and promoters and their agents shall cooperate by permitting staff of the department to conduct the inspections. (2) The director may perform "spot checks" or inspections of sales offices, during tours or sales presentations or normal business hours, for purposes of enforcing this chapter and determining compliance by the operator and salespersons in the sales, advertising, and promotional activities regulated under this chapter. These inspections or spot checks may be conducted during or at the time of sales presentations or during the hours during which sales are ordinarily scheduled. (3) The department employee making the inspections shall show identification upon request. It is a violation of this chapter for the operator or its sales representatives to refuse an inspection or refuse to cooperate with employees of the department conducting the inspection.
RCW 64.90.525 — Washington Code / Title 64 / Chapter 90 / Section 525
RCW 64.90.525: Budgets—Assessments—Special assessments.
Status: in_force

(1)(a) Within thirty days after adoption of any proposed budget for the common interest community, the board must provide a copy of the budget to all the unit owners and set a date for a meeting of the unit owners to consider ratification of the budget not less than fourteen nor more than fifty days after providing the budget. Unless at that meeting the unit 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 and the assessments against the units included in the budget are ratified, whether or not a quorum is present. (b) If the proposed budget is rejected or the required notice is not given, the periodic budget last ratified by the unit owners continues until the unit owners ratify a subsequent budget proposed by the board. (2) The budget must include: (a) The projected income to the association by category; (b) The projected common expenses by category; (c) The amount of the assessments per unit and the date the assessments are due; (d) The current amount of regular assessments budgeted for contribution to the reserve account; (e) A statement of whether the association has a reserve study that meets the requirements of RCW 64.90.550 and, if so, the extent to which the budget meets or deviates from the recommendations of that reserve study; and (f) The current deficiency or surplus in reserve funding expressed on a per unit basis. (3) The board, at any time, may propose a special assessment. The assessment is effective only if the board follows the procedures for ratification of a budget described in subsection (1) of this section and the unit owners do not reject the proposed assessment. The board may provide that the special assessment may be due and payable in installments over any period it determines and may provide a discount for early payment.
RCW 64.36.035 — Washington Code / Title 64 / Chapter 36 / Section 035
RCW 64.36.035: Applications for registration, consents to service, affidavits, and permits to market—Authorized signatures required—Corporate shield disclaimer prohibited.
Status: in_force

(1) Applications, consents to service of process, affidavits, and permits to market shall be signed by the promoter, unless a trustee or person with power of attorney is specifically authorized to make such signatures. If the signature of a person with a power of attorney or trustee is used, the filing of the signature shall include a copy of the authorizations for the signature. No promoter or other person responsible under this chapter shall disclaim responsibility because the signature of a trustee or attorney-in-fact, or other substitute was used. (2) If the promoter is a corporation or a general partnership, each natural person therein, with a ten percent or greater interest or share in the promoter, shall, in addition to the promoter, be required to sign as required in this section, but may authorize a trustee or a person with power of attorney to make the signatures. (3) All persons required to use or authorizing the use of their signatures in this section, individually or otherwise, shall be responsible for affidavits, applications, and permits signed, and for compliance with the provisions of this chapter. Individuals whose signatures are required under this section shall not disclaim their responsibilities because of any corporate shield.
RCW 64.34.204 — Washington Code / Title 64 / Chapter 34 / Section 204
RCW 64.34.204: Unit boundaries.
Status: in_force

Except as provided by the declaration: (1) The walls, floors, or ceilings are the boundaries of a unit, and 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. (2) 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. (3) Subject to the provisions of subsection (2) of this section, all spaces, interior partitions, and other fixtures and improvements within the boundaries of a unit are a part of the unit. (4) Any shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, patios, and all exterior doors and windows or other fixtures designed to serve a single unit, but which are located outside the unit's boundaries, are limited common elements allocated exclusively to that unit.
RCW 64.65.130 — Washington Code / Title 64 / Chapter 65 / Section 130
RCW 64.65.130: Application—Transitional provision.
Status: in_force

This chapter applies to an easement created before, on, or after July 23, 2023.
RCW 64.34.399 — Washington Code / Title 64 / Chapter 34 / Section 399
RCW 64.34.399: 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 unit owners' 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 unit.
RCW 64.90.240 — Washington Code / Title 64 / Chapter 90 / Section 240
RCW 64.90.240: Limited common elements.
Status: reserved

(1)(a) Except for the limited common elements described in RCW 64.90.210 (1)(b) and (3), the declaration must specify to which unit or units each limited common element is allocated. (b) An allocation of a limited common element may not be altered without the consent of the owners of the units from which and to which the limited common element is allocated. (2)(a) Except in the case of a reallocation being made by a declarant pursuant to a development right reserved in the declaration, a limited common element may be reallocated between units only with the approval of the board and by an amendment to the declaration executed by the unit owners between or among whose units the reallocation is made. (b) The board must approve the request of the unit owner or owners under this subsection (2) within 30 days, or within such other period provided by the declaration, unless the proposed reallocation does not comply with this chapter or the declaration. The failure of the board to act upon a request within such period is deemed an approval of the request. If approved, the unit owners must provide the proposed amendment to the association for review and approval before execution. The association may require revisions to ensure correctness, clarity, and compliance with this chapter or the declaration. Unless otherwise agreed by the unit owners and association, all costs of preparing, revising, executing, and recording the amendment shall be borne by the affected unit owners. (c) The unit owners executing the amendment shall provide a copy of the amendment to the association, and the association shall record the amendment in accordance with the requirements of subsection (4) of this section. (3)(a) A common element not previously allocated as a limited common element may be so allocated only by an amendment to the declaration. A unit owner may request the board to amend the declaration to allocate all or part of a common element as a limited common element for the exclusive use of the owner's unit. The board may prescribe in the amendment a condition or obligation, including an obligation to maintain the new limited common element or pay a fee or charge to the association. (b) If the board approves the amendment, the board shall give notice to all unit owners of its action and include a statement that unit owners may object in a record to the amendment not later than 30 days after delivery of the notice. The amendment becomes effective if the board does not receive a timely objection. (c) If the board receives a timely objection, the amendment becomes effective 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. (d) If the amendment becomes effective, the association and the owner of the benefited unit shall execute the amendment. (4) The association shall record the amendment as provided in RCW 64.90.285 . If the amendment changes information shown in a map concerning a common element or limited common element other than a common wall between units, the association shall prepare and record a revised map.
RCW 64.34.080 — Washington Code / Title 64 / Chapter 34 / Section 080
RCW 64.34.080: Contracts—Unconscionability.
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 in order 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, in order to aid the court in making the determination, shall 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, or 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 real property and the value of the real property measured by the price at which similar real property was readily obtainable in similar transactions, but a disparity between the contract price and the value of the real property measured by the price at which similar real property was readily obtainable in similar transactions does not, of itself, render the contract unconscionable.