RCW 64.90.010
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Affiliate of a declarant" means any person who controls, is controlled by, or is under common control with a declarant. For purposes of this subsection:
(a) A person controls a declarant if the person:
(i) Is a general partner, managing member, officer, director, or employer of the declarant;
(ii) Directly or indirectly or acting in concert with one or more other persons, or through one or more subsidiaries, owns, controls, holds with power to vote, or holds proxies representing more than 20 percent of the voting interest in the declarant;
(iii) Controls in any manner the election or appointment of a majority of the directors, managing members, or general partners of the declarant; or
(iv) Has contributed more than 20 percent of the capital of the declarant.
(b) A person is controlled by a declarant if the declarant:
(i) Is a general partner, managing member, officer, director, or employer of the person;
(ii) Directly or indirectly or acting in concert with one or more other persons, or through one or more subsidiaries, owns, controls, holds with power to vote, or holds proxies representing more than 20 percent of the voting interest in the person;
(iii) Controls in any manner the election or appointment of a majority of the directors, managing members, or general partners of the person; or
(iv) Has contributed more than 20 percent of the capital of the person.
(c) Control does not exist if the powers described in this subsection (1) are held solely as security for an obligation and are not exercised.
(2) "Allocated interests" means the following interests allocated to each unit:
(a) In a condominium, the undivided interest in the common elements, the common expense liability, and votes in the association;
(b) In a cooperative, the common expense liability, the ownership interest, and votes in the association; and
(c) In a plat community and miscellaneous community, the common expense liability and the votes in the association, and also the undivided interest in the common elements if owned in common by the unit owners rather than an association.
(3) "Assessment" means all sums chargeable by the association against a unit, including any assessments levied pursuant to RCW 64.90.480, fines or fees levied or imposed by the association pursuant to this chapter or the governing documents, interest and late charges on any delinquent account, and all costs of collection incurred by the association in connection with the collection of a delinquent owner's account, including reasonable attorneys' fees.
(4) "Association" or "unit owners association" means the unit owners association organized under RCW 64.90.400
and, to the extent necessary to construe sections of this chapter made applicable to common interest communities pursuant to RCW 64.90.365, *
64.90.090, or
64.90.370, the association organized or created to administer such common interest communities.
(5) "Ballot" means a record designed to cast or register a vote or consent in a form provided or accepted by the association.
(6) "Board" means the body, regardless of name, designated in the declaration, map, or organizational documents, with primary authority to manage the affairs of the association.
(7) "Common elements" means:
(a) In a condominium or cooperative, all portions of the common interest community other than the units;
(b) In a plat community or miscellaneous community, any real estate other than a unit within a plat community or miscellaneous community that is owned or leased either by the association or in common by the unit owners rather than an association; and
(c) In all common interest communities, any other interests in real estate for the benefit of any unit owners that are subject to the declaration.
(8) "Common expense" means expenditures made by, or financial liabilities of, the association, together with any allocations to reserves.
(9) "Common expense liability" means the liability for common expenses allocated to each unit pursuant to RCW 64.90.235
.
(10) "Common interest community" means real estate described in a declaration with respect to which a person, by virtue of the person's ownership of a unit, is obligated to pay for a share of real estate taxes, insurance premiums, maintenance, or improvement of, or services or other expenses related to, common elements, other units, or other real estate described in the declaration. "Common interest community" does not include an arrangement described in RCW 64.90.110
or
64.90.115
. A common interest community may be a part of another common interest community.
(11) "Condominium" means a common interest community in which portions of the real estate are designated for separate ownership and the remainder of the real estate is designated for common ownership solely by the owners of those portions. A common interest community is not a condominium unless the undivided interests in the common elements are vested in the unit owners.
(12) "Condominium notice" means the notice given to tenants pursuant to subsection (13)(c) of this section.
(13)(a) "Conversion building" means a building:
(i) That at any time before creation of the common interest community was lawfully occupied wholly or partially by a tenant or subtenant for residential purposes pursuant to a rental agreement, oral or written, express or implied, who did not receive a notice pursuant to (c) of this subsection prior to entering into the rental agreement or lawfully taking occupancy, whichever event occurred first; or
(ii) That at any time within the 12 months preceding the first acceptance of an agreement with the declarant to convey, or the first conveyance of, any unit in the building, whichever event occurred first, to any person who was not a declarant or dealer, or affiliate of a declarant or dealer, was lawfully occupied wholly or partially by a tenant or subtenant for residential purposes pursuant to a rental agreement, oral or written, express or implied, who did not receive a condominium notice prior to entering into the rental agreement or lawfully taking occupancy, whichever event occurred first.
(b) A building in a common interest community is a conversion building only if:
(i) The building contains more than two attached dwelling units as defined in RCW 64.55.010
(1); and
(ii) Acceptance of an agreement to convey, or conveyance of, any unit in the building to any person who was not a declarant or dealer, or affiliate of a declarant or dealer, did not occur prior to July 1, 2018.
(c) The notice referred to in (a)(i) and (ii) of this subsection must be in writing and must state: "The unit you will be occupying is, or may become, part of a common interest community and subject to sale."
(14) "Convey" or "conveyance" means, with respect to a unit, any transfer of ownership of the unit, including a transfer by deed or by real estate contract and, with respect to a unit in a leasehold common interest community or a proprietary lease in a cooperative, a transfer by lease or assignment of the unit, but does not include the creation, transfer, or release of a security interest.
(15) "Cooperative" means a common interest community in which the real estate is owned by an association, each member of which is entitled by virtue of the member's ownership interest in the association and by a proprietary lease to exclusive possession of a unit.
(16) "Dealer" means a person who, together with such person's affiliates, owns or has a right to acquire either six or more units in a common interest community or 50 percent or more of the units in a common interest community containing more than two units.
(17) "Declarant" means:
(a) Any person who executes as declarant a declaration;
(b) Any person who reserves or succeeds to any special declarant right in a declaration;
(c) Any person who exercises special declarant rights or to whom special declarant rights are transferred of record. The holding or exercise of rights to maintain sales offices, signs advertising the common interest community, and models, and related right of access, does not confer the status of being a declarant; or
(d) Any person who is the owner of a fee interest in the real estate that is subjected to the declaration at the time of the recording of an instrument pursuant to RCW 64.90.425
and who directly or through one or more affiliates is materially involved in the construction, marketing, or sale of units in the common interest community created by the recording of the instrument.
(18) "Declarant control" means the right of the declarant or persons designated by the declarant to appoint or remove any officer or board member of the association or to veto or approve a proposed action of any board or association, pursuant to RCW 64.90.415
(1)(a).
(19) "Declaration" means the instrument, however denominated, that creates a common interest community, including any amendments to the instrument.
(20) "Development rights" means any right or combination of rights reserved by a declarant in the declaration to:
(a) Add real estate or improvements to a common interest community;
(b) Create units, common elements, or limited common elements within a common interest community;
(c) Subdivide or combine units or convert units into common elements;
(d) Withdraw real estate from a common interest community; or
(e) Reallocate limited common elements with respect to units that have not been conveyed by the declarant.
(21) "Effective age" means the difference between the useful life and remaining useful life.
(22) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(23) "Electronic transmission" or "electronically transmitted" means any electronic communication (a) not directly involving the physical transfer of a record in a tangible medium and (b) 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.
(24) "Eligible mortgagee" means the holder of a security interest on a unit that has filed with the secretary of the association a written request that it be given copies of notices of any action by the association that requires the consent of mortgagees.
(25) "Foreclosure" means a statutory forfeiture or a judicial or nonjudicial foreclosure of a security interest or a deed or other conveyance in lieu of a security interest.
(26) "Full funding plan" means a reserve funding goal of achieving 100 percent fully funded reserves by the end of the 30-year study period described under RCW 64.90.550, in which the reserve account balance equals the sum of the estimated costs required to maintain, repair, or replace the deteriorated portions of all reserve components.
(27) "Fully funded balance" means the current value of the deteriorated portion, not the total replacement value, of all the reserve components. The fully funded balance for each reserve component is calculated by multiplying the current replacement cost of that reserve component by its effective age, then dividing the result by that reserve component's useful life. The sum total of all reserve components' fully funded balances is the association's fully funded balance.
(28) "Governing documents" means the organizational documents, map, declaration, rules, or other written instrument by which the association has the authority to exercise any of the powers provided for in this chapter or to manage, maintain, or otherwise affect the property under its jurisdiction.
(29) "Identifying number" means a symbol or address that identifies only one unit or limited common element in a common interest community.
(30) "Leasehold common interest community" means a common interest community in which all or a portion of the real estate is subject to a lease the expiration or termination of which will terminate the common interest community or reduce its size.
(31) "Limited common element" means a portion of the common elements allocated by the declaration or by operation of RCW 64.90.210
(1)(b) or (3) for the exclusive use of one or more, but fewer than all, of the unit owners.
(32) "Map" means: (a) With respect to a plat community, the plat as defined in RCW 58.17.020
and complying with the requirements of Title
58
RCW, and (b) with respect to a condominium, cooperative, or miscellaneous community, a map prepared in accordance with the requirements of RCW 64.90.245
.
(33) "Master association" means:
(a) A unit owners association that serves more than one common interest community; or
(b) An organization that holds a power delegated under RCW 64.90.300
(1)(a).
(34) "Miscellaneous community" means a common interest community in which units are lawfully created in a manner not inconsistent with chapter
58.17
RCW and that is not a condominium, cooperative, or plat community.
(35) "Nominal reserve costs" means that the current estimated total replacement costs of the reserve components are less than 50 percent of the annual budgeted expenses of the association, excluding contributions to the reserve fund, for a condominium or cooperative containing horizontal unit boundaries, and less than 75 percent of the annual budgeted expenses of the association, excluding contributions to the reserve fund, for all other common interest communities.
(36) "Organizational documents" means the instruments filed with the secretary of state to create an entity and the instruments governing the internal affairs of the entity including, but not limited to, any articles of incorporation, certificate of formation, bylaws, and limited liability company or partnership agreement.
(37) "Person" means an individual, corporation, business trust, estate, the trustee or beneficiary of a trust that is not a business trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal entity.
(38) "Plat community" means a common interest community in which units have been created by subdivision or short subdivision as both are defined in RCW 58.17.020
and in which the boundaries of units are established pursuant to chapter
58.17
RCW.
(39) "Proprietary lease" means a written and recordable lease that is executed and acknowledged by the association as lessor and that otherwise complies with requirements applicable to a residential lease of more than one year and pursuant to which a member is entitled to exclusive possession of a unit in a cooperative. A proprietary lease governed under this chapter is not subject to chapter
59.18
RCW except as provided in the declaration.
(40) "Purchaser" means a person, other than a declarant or a dealer, which by means of a voluntary transfer acquires a legal or equitable interest in a unit other than as security for an obligation.
(41) "Qualified financial institution" means a bank, savings association, or credit union whose deposits are insured by the federal government.
(42) "Real estate" means any leasehold or other estate or interest in, over, or under land, including structures, fixtures, and other improvements and interests that by custom, usage, or law pass with a conveyance of land though not described in the contract of sale or instrument of conveyance. "Real estate" includes parcels with or without upper or lower boundaries and spaces that may be filled with air or water.
(43) "Real estate contract" has the same meaning as defined in RCW 61.30.010
.
(44) "Record," when used as a noun, means information inscribed on a tangible medium or contained in an electronic transmission.
(45) "Remaining useful life" means the estimated time, in years, before a reserve component will require major maintenance, repair, or replacement to perform its intended function.
(46) "Replacement cost" means the estimated total cost to maintain, repair, or replace a reserve component to its original functional condition.
(47) "Reserve component" means a physical component of the common interest community which the association is obligated to maintain, repair, or replace, which has an estimated useful life of less than 30 years, and for which the cost of such maintenance, repair, or replacement is infrequent, significant, and impractical to include in an annual budget.
(48) "Reserve study professional" means an independent person who is suitably qualified by knowledge, skill, experience, training, or education to prepare a reserve study in accordance with RCW 64.90.545
and
64.90.550
. For the purposes of this subsection, "independent" means a person who is not an employee, officer, or director, and has no pecuniary interest in the declarant, association, or any other party for whom the reserve study is prepared.
(49) "Residential purposes" means use for dwelling or recreational purposes, or both.
(50) "Rule" means a policy, guideline, restriction, procedure, or regulation of an association, however denominated, that is not set forth in the declaration or organizational documents.
(51) "Security interest" means an interest in real estate or personal property, created by contract or conveyance that secures payment or performance of an obligation. "Security interest" includes a lien created by a mortgage, deed of trust, real estate contract, lease intended as security, assignment of lease or rents intended as security, pledge of an ownership interest in an association, and any other consensual lien or title retention contract intended as security for an obligation.
(52) "Special declarant rights" means rights reserved for the benefit of a declarant to:
(a) Complete any improvements the declarant is not obligated to make that are indicated on the map or described in the declaration or the public offering statement;
(b) Exercise any development right, pursuant to RCW 64.90.250
;
(c) Maintain sales offices, management offices, signs advertising the common interest community, and models, pursuant to RCW 64.90.275
;
(d) Use easements through the common elements for the purpose of making improvements within the common interest community or within real estate that may be added to the common interest community, pursuant to RCW 64.90.280
;
(e) Make the common interest community subject to a master association, pursuant to RCW 64.90.300
;
(f) Merge or consolidate a common interest community with another common interest community, pursuant to RCW 64.90.310
;
(g) Appoint or remove any officer or board member of the association or any master association or to veto or approve a proposed action of any board or association, pursuant to RCW 64.90.415
(1);
(h) Control any construction, design review, or aesthetic standards committee or process, pursuant to RCW 64.90.505
(3);
(i) Attend meetings of the unit owners and, except during an executive session, the board, pursuant to RCW 64.90.445
;
(j) Have access to the records of the association to the same extent as a unit owner, pursuant to RCW 64.90.495
.
(53) "Specially allocated expense" means any common expense of the association, including allocations to reserves, allocated on a basis other than the common expense liability pursuant to RCW 64.90.480
.
(54) "Survey" has the same meaning as defined in RCW 58.09.020
.
(55) "Tangible medium" means a writing, copy of a writing, facsimile, or a physical reproduction, each on paper or on other tangible material.
(56) "Timeshare" has the same meaning as defined in RCW 64.36.010
.
(57) "Transition meeting" means the meeting held pursuant to RCW 64.90.415
(4).
(58)(a) "Unit" means a physical portion of the common interest community designated for separate ownership or occupancy, the boundaries of which are described pursuant to RCW 64.90.225
(1)(d).
(b) If a unit in a cooperative is owned by a unit owner or is sold, conveyed, voluntarily or involuntarily encumbered, or otherwise transferred by a unit owner, the interest in that unit that is owned, sold, conveyed, encumbered, or otherwise transferred is the right to possession of that unit under a proprietary lease, coupled with the allocated interests of that unit, and the association's interest in that unit is not affected.
(c) Except as provided in the declaration, a mobile home or manufactured home for which title has been eliminated pursuant to chapter
65.20
RCW is part of the unit described in the title elimination documents.
(59)(a) "Unit owner" means (i) a declarant or other person that owns a unit or (ii) a lessee of a unit in a leasehold common interest community whose lease expires simultaneously with any lease the expiration or termination of which will remove the unit from the common interest community, but does not include a person having an interest in a unit solely as security for an obligation.
(b) "Unit owner" also means the vendee, not the vendor, of a unit under a recorded real estate contract.
(c) In a condominium, plat community, or miscellaneous community, the declarant is the unit owner of any unit created by the declaration. In a cooperative, the declarant is treated as the unit owner of any unit to which allocated interests have been allocated until that unit has been conveyed to another person.
(60) "Useful life" means the estimated time during which a reserve component is expected to perform its intended function without major maintenance, repair, or replacement.
(61) "Writing" does not include an electronic transmission.
(62) "Written" means embodied in a tangible medium.
[
2025 c 119 s 6
;
2024 c 321 s 301
;
2019 c 238 s 201
;
2018 c 277 s 102
.]
NOTES:
*Reviser's note:
RCW 64.90.090
was repealed by 2024 c 321 s 505, effective January 1, 2028.
RCW 64.90.015
No variation by agreement.
(1) Except as expressly provided in this chapter, the effect of the provisions of this chapter may not be varied by agreement, and rights conferred by this chapter may not be waived. Except as provided otherwise in RCW 64.90.110, a declarant may not act under a power of attorney, or use any other device, to evade the limitations or prohibitions of this chapter or the declaration.
(2) Except as provided in subsection (3) of this section, the governing documents may not vary a provision of this chapter that gives a right to or imposes an obligation or liability on a unit owner, declarant, association, or board.
(3) The governing documents may vary the following provisions as provided in the provision:
(a) RCW 64.90.020
(1), concerning classification of a cooperative unit as real estate or personal property;
(b) RCW 64.90.030
(2) and (3), concerning reallocation of allocated interests and allocation of proceeds after a taking by eminent domain;
(c) RCW 64.90.360
(4), 64.90.370, and
64.90.100, concerning elections regarding applicability of this chapter;
(d) RCW 64.90.100
(1), (2), and (3), concerning communities restricted to nonresidential uses;
(e) RCW 64.90.200
(3) (a) and (b), concerning the timing of the conveyance of common elements to the association, and the vesting of real estate owned by the association on termination;
(f) RCW 64.90.210, concerning boundaries between units and common elements;
(g) RCW 64.90.240
(2) and (3), concerning reallocation of limited common elements;
(h) RCW 64.90.245
(11), concerning horizontal boundaries of units;
(i) RCW 64.90.255, concerning alterations of units and common elements made by unit owners;
(j) RCW 64.90.260
(1) and (2), concerning relocation of boundaries between units;
(k) RCW 64.90.265
(1) and (2), concerning subdivision and combination of units;
(l) RCW 64.90.275, concerning sales offices, management offices, models, and signs maintained by a declarant;
(m) RCW 64.90.280
(1) and (3), concerning easements through, and rights to use, common elements;
(n) RCW 64.90.285
(1) and (8), concerning the percentage of votes and consents required to amend the declaration;
(o) RCW 64.90.290
(1) and (8), concerning the percentage of votes required to terminate a common interest community and priority of creditors of a cooperative;
(p) RCW 64.90.360
(4)(a), concerning small communities;
(q) RCW 64.90.405
(4)(c) and (5)(c), concerning an association's assignment of rights to future income, the number of votes required to reject a proposal to borrow funds, and the right to terminate a lease or evict a tenant;
(r) RCW 64.90.410
(1) and (2), concerning the board acting on behalf of the association and the election of officers by the board;
(s) RCW 64.90.420
(2), concerning costs of audits;
(t) RCW 64.90.435
(1)(b), concerning election of officers by unit owners;
(u) RCW 64.90.440
(1) and (4), concerning responsibility for maintenance, repair, and replacement of units and common elements and treatment of income or proceeds from real estate subject to development rights;
(v) RCW 64.90.445
(1)(b) and (2)(i), concerning meetings;
(w) RCW 64.90.450, concerning quorum requirements for meetings;
(x) RCW 64.90.455
(3), (4), (5), and (8), concerning unit owner voting;
(y) RCW 64.90.465
(1), (2), and (7), concerning the percentage of votes required to convey or encumber common elements and the effect of conveyance or encumbrance of common elements;
(z) RCW 64.90.470
(2) and (11), concerning insurance where the units are attached, and insurance for a nonresidential common interest community;
(aa) RCW 64.90.475
(2), concerning payment of surplus funds of the association;
(bb) RCW 64.90.485
(7) and (20), concerning priority and foreclosure of liens held by two or more associations;
(cc) RCW 64.90.505
(1) and (3), concerning the adoption of rules;
(dd) RCW 64.90.513
(8), concerning responsibility for electric vehicle charging stations;
(ee) RCW 64.90.520
(4), concerning the board's ability to remove an officer elected by the board;
(ff) RCW 64.90.525
(1), concerning the percentage of votes required to reject a budget;
(gg) RCW 64.90.545
(2), concerning applicability of reserve study requirements to certain types of common interest communities; and
(hh) RCW 64.90.580
(7), concerning responsibility for heat pumps.
[
2025 c 119 s 7
;
2018 c 277 s 103
.]
RCW 64.90.020
Separate titles and taxation.
(1) In a cooperative, unless the declaration provides that a unit owner's interest in a unit and its allocated interests is real estate for all purposes, that interest is personal property.
(2) In a condominium, plat community, or miscellaneous community, if there is any unit owner other than a declarant:
(a) Each unit that has been created, together with its interest in the common elements, constitutes for all purposes a separate parcel of real estate; and
(b) Each unit together with its interest in the common elements must be separately taxed and assessed.
(3) If a development right has an ascertainable market value, the development right constitutes a separate parcel of real estate for property tax purposes and must be separately taxed and assessed to the declarant, and the declarant alone is liable for payment of those taxes.
(4) If there is no unit owner other than a declarant, the real estate comprising the common interest community may be taxed and assessed in any manner provided by law.
[
2018 c 277 s 104
.]
RCW 64.90.025
Applicability of local ordinances, regulations, and building codes.
(1) A building, fire, health, or safety statute, ordinance, or regulation may not impose any requirement upon any structure in a common interest community that it would not impose upon a physically identical development under a different form of ownership.
(2) A zoning, subdivision, or other land use statute, ordinance, or regulation may not prohibit the condominium or cooperative form of ownership or impose any requirement upon a condominium or cooperative or miscellaneous community that it would not impose upon a physically identical development under a different form of ownership. Such requirements include, without limitation, any permitting process such as a binding site plan under RCW 58.17.035
or hearing examiner proceeding under RCW 35A.63.170
.
(3) Chapter
58.17
RCW does not apply to the creation of a condominium or a cooperative. This chapter must not be construed to permit the creation of a condominium or cooperative or miscellaneous community on a lot, tract, or parcel of land that could not be sold or transferred without violating chapter
58.17
RCW.
(4) Except as provided in subsections (1), (2), and (3) of this section, this chapter does not invalidate or modify any provision of any building, zoning, subdivision, or other statute, ordinance, rule, or regulation governing the use of real estate.
(5) This section does not prohibit a county legislative authority from requiring the review and approval of declarations and amendments to declarations and of termination agreements executed pursuant to RCW 64.90.290
(2) by the county assessor solely for the purpose of allocating the assessed value and property taxes. The review by the assessor must be done in a reasonable and timely manner.
[
2025 c 208 s 4
;
2019 c 238 s 202
;
2018 c 277 s 105
.]
RCW 64.90.030
Eminent domain.
(1) If a unit is acquired by condemnation or part of a unit is acquired by condemnation leaving the unit owner with a remnant that may not practically or lawfully be used for any purpose permitted by the declaration, the award must include compensation to the unit owner for that unit and its allocated interests, 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 must 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 interest in the common elements, whether or not any common elements are acquired. Upon acquisition, unless the decree provides otherwise:
(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 to 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)(a) If part of the common elements is acquired by condemnation, the portion of the award attributable to the common elements taken must be paid to the association. A court may award damages to a unit owner or owners for particular damage to the owner's units arising from condemnation.
(b) Unless the declaration or the decree 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 decree must be recorded in every county in which any portion of the common interest community is located.
[
2018 c 277 s 106
.]
RCW 64.90.035
Supplemental general principles of law applicable.
The principles of law and equity, including the law of corporations and any other form of organization authorized by the law of this state and unincorporated associations, the law of real estate, and the law relative to the capacity to contract, principal and agent, eminent domain, estoppel, fraud, misrepresentation, duress, coercion, mistake, receivership, substantial performance, or other validating or invalidating cause supplement this chapter, except to the extent inconsistent with this chapter.
[
2018 c 277 s 107
.]
RCW 64.90.040
Construction against implicit repeal.
This chapter is intended as a unified coverage of its subject matter and no part of it must be construed to be impliedly repealed by subsequent legislation if that construction can reasonably be avoided.
[
2018 c 277 s 108
.]
RCW 64.90.045
Application
—
Construction.
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.
[
2018 c 277 s 109
.]
RCW 64.90.050
Unconscionable agreement or term of contract.
(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.
[
2018 c 277 s 111
.]
RCW 64.90.055
Obligation of good faith.
Every contract or duty governed under this chapter imposes an obligation of good faith in its performance or enforcement.
[
2018 c 277 s 112
.]
RCW 64.90.060
Remedies.
The remedies provided under this chapter must 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.
[
2018 c 277 s 113
.]
RCW 64.90.065
Adjustment of dollar amounts.
(1) From time to time the dollar amount specified in RCW 64.90.360
(4) and
64.90.640
(2) must change, as provided in subsections (2) and (3) of this section, according to and to the extent of changes in the consumer price index for urban wage earners and clerical workers: United States city average, all items 1967 = 100, compiled by the bureau of labor statistics, United States department of labor, (the "index"). The index for December 1979, which was 230, is the reference base index.
(2) The dollar amounts specified in RCW 64.90.360
(4) and
64.90.640
(2) and any amount stated in the declaration pursuant to RCW 64.90.360
(4) and
64.90.640
(2) must change on July 1st of each year if the percentage of change, calculated to the nearest whole percentage point, between the index at the end of the preceding year and the reference base index, is 10 percent or more, but: (a) The portion of the percentage change in the index in excess of a multiple of 10 percent must be disregarded and the dollar amount may only change in multiples of 10 percent of the amount appearing in this chapter on July 1, 2018; (b) the dollar amount must not change if the amount required under this section is that currently in effect pursuant to this chapter as a result of earlier application of this section; and (c) the dollar amount must not be reduced below the amount appearing in this chapter on July 1, 2018.
(3) If the index is revised after December 1979, the percentage of change pursuant to this section must be calculated on the basis of the revised index. If the revision of the index changes the reference base index, a revised reference base index must be determined by multiplying the reference base index then applicable by the rebasing factor furnished by the bureau of labor statistics. If the index is superseded, the index referred to in this section is the one represented by the bureau of labor statistics as reflecting most accurately the changes in the purchasing power of the dollar for consumers.
[
2024 c 321 s 302
;
2018 c 277 s 114
.]
RCW 64.90.070
Electronic signatures in global and national commerce act.
This chapter 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 15 U.S.C. Sec. 7001(c) or authorize electronic delivery of any of the notices described in 15 U.S.C. Sec. 7003(b).
[
2018 c 277 s 115
.]
RCW 64.90.085
Common interest communities, amendments to.
Amendments to this chapter apply to all common interest communities subject to this chapter, regardless of when the amendments become effective.
[
2024 c 321 s 201
;
2018 c 277 s 118
.]
RCW 64.90.090
Prior condominium statutes.
(Effective until January 1, 2028.)
(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.
[
2019 c 238 s 205
;
2018 c 277 s 119
.]
RCW 64.90.100
Common interest communities, nonresidential and mixed-use.
(1) A plat community, miscellaneous community, or cooperative in which all the units are restricted exclusively to nonresidential use is not subject to this chapter except to the extent the declaration provides that:
(a) This entire chapter applies to the community;
(b) RCW 64.90.010
through
64.90.325
and
64.90.900
apply to the community; or
(c) Only RCW 64.90.020, 64.90.025, and
64.90.030
apply to the community.
(2) A condominium in which all the units are restricted exclusively to nonresidential use is subject to this chapter, but the declaration may provide that only RCW 64.90.010
through
64.90.325
and
64.90.900
apply to the community.
(3) If this entire chapter applies to a common interest community in which all the units are restricted exclusively to nonresidential use, the declaration may also require, subject to RCW 64.90.050, that:
(a) Any management, maintenance, operations, or employment contract, lease of recreational or parking areas or facilities, and any other contract or lease between the association and a declarant or an affiliate of a declarant continues in force after the declarant turns over control of the association; and
(b) Purchasers of units must execute proxies, powers of attorney, or similar devices in favor of the declarant regarding particular matters enumerated in those instruments.
(4) A common interest community that contains both units restricted to nonresidential purposes and units that may be used for residential purposes is not subject to this chapter unless the units that may be used for residential purposes would comprise a common interest community subject to this chapter in the absence of such nonresidential units or the declaration provides that this chapter applies as provided in subsection (2) or (3) of this section.
[
2024 c 321 s 304
;
2018 c 277 s 121
.]
RCW 64.90.105
Common interest communities, out-of-state.
This chapter does not apply to a common interest community located outside this state, but RCW 64.90.605
and
64.90.610, and, to the extent applicable, RCW 64.90.615
and
64.90.620, apply to a contract for the disposition of a unit in that common interest community signed in this state by any party unless exempt under RCW 64.90.600
(2).
[
2024 c 321 s 202
;
2018 c 277 s 122
.]
RCW 64.90.110
Exempt real estate arrangements.
(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.
[
2018 c 277 s 123
.]
RCW 64.90.115
Other exempt covenants.
An easement or covenant that requires the owners of separately owned parcels of real estate to share costs or other obligations associated with a party wall, driveway, well, or other similar use does not create a common interest community.
[
2018 c 277 s 124
.]
RCW 64.90.200
Common interest communities, creation of.
(1)(a) A common interest community may be created under this chapter only by (i) recording a declaration executed in the same manner as a deed, and (ii) recording a map pursuant to RCW 64.90.245
(3), and (iii) with respect to a cooperative, conveying the real estate subject to that declaration to the association.
(b) The declaration and map must be recorded in every county in which any portion of the common interest community is located. The name of a condominium must not be identical to the name of any other existing condominium or plat community, whether created under this chapter or *chapter
64.32
or
64.34
RCW, in any county in which the condominium is located.
(2) A declaration or an amendment to a declaration adding units to a common interest community other than a plat community may not be recorded unless a certification required under RCW 64.90.245
(6) (a) or (b) regarding the map is also recorded.
(3)(a) Except as provided otherwise in the declaration or map, if, in a common interest community other than a condominium or cooperative, real estate described as a common element in the declaration or map is not conveyed to the association or expressly dedicated in the declaration or map to the unit owners as tenants in common, that real estate is deemed to be conveyed to the association at the time the first unit is conveyed, subject to the authority and jurisdiction of the association and subject to development rights, if any, reserved in the declaration.
(b) Except as provided otherwise in the declaration or map, in the event of the dissolution of an association, any real estate owned by the association vests in the unit owners as tenants in common with each unit owner's interest being determined in accordance with the provisions of RCW 64.90.290
regarding a termination of the common interest community.
[
2018 c 277 s 201
.]
NOTES:
*Reviser's note:
Chapters
64.32
and
64.34
RCW were repealed by 2024 c 321 ss 501 and 502, effective January 1, 2028.
RCW 64.90.205
Reservation of name.
Upon the filing of a written request with the county office in which the declaration is to be recorded, using a form of written request as may be required by the county office and paying a 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 reserved name must not be identical to any other condominium or plat community located in that county. The name reservation expires 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.
[
2018 c 277 s 202
.]
RCW 64.90.210
Unit boundaries.
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.
[
2025 c 119 s 8
;
2018 c 277 s 203
.]
RCW 64.90.215
Construction and validity of governing documents.
(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.
[
2018 c 277 s 204
.]
RCW 64.90.220
Description of units.
(1) In a condominium or a cooperative, a description of a unit that sets forth the name of the common interest community, the recording data for the declaration, the county and state in which the common interest community is located, and the identifying number of the unit is a legally sufficient description of that unit and all rights, obligations, and interests appurtenant to that unit that were created by the governing documents.
(2) In a plat community or miscellaneous community, a description of a unit that sets forth the name of the common interest community, the recording data for the map, the county and state in which the common interest community is located, and the identifying number of the unit is a legally sufficient description of that unit and all rights, obligations, and interests appurtenant to that unit.
[
2018 c 277 s 205
.]
RCW 64.90.225
Declaration
—
Contents.
(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.
[
2024 c 321 s 305
;
2019 c 238 s 206
;
2018 c 277 s 206
.]
RCW 64.90.230
Leasehold common interest communities.
(1) Any lease the expiration or termination of which may terminate the common interest community or reduce its size, or a memorandum of the lease, must be recorded. Every lessor of these leases in a condominium, plat community, or miscellaneous community must sign the declaration. The declaration must 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 estate subject to the lease;
(d) Any right of the unit owners to redeem the reversion and the manner in which 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 or stated 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) After the declaration for a condominium, miscellaneous community, or plat community is recorded, neither the lessor nor the lessor's successor in interest may terminate the leasehold interest of a unit owner who makes timely payment of a unit owner's share of the rent and otherwise complies with all covenants that, if violated, would entitle the lessor to terminate the lease. A unit owner's leasehold interest in a condominium, miscellaneous community, or plat community is not affected by failure of any other person to pay rent or fulfill any other covenant.
(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 of the reversion or remainder records a document confirming the merger.
(5) If the expiration or termination of a lease decreases the number of units in a common interest community, the allocated interests must be reallocated in accordance with RCW 64.90.030
(1) as though those units had been taken by condemnation. Reallocations must be confirmed by an amendment to the declaration and map prepared, executed, and recorded by the association.
[
2018 c 277 s 207
.]
RCW 64.90.235
Allocated interests.
(1) The declaration must allocate to each unit:
(a) In a condominium, a fraction or percentage of undivided interests in the common elements and in the common expenses of the association and a portion of the votes in the association;
(b) In a cooperative, an ownership interest in the association, a fraction or percentage of the common expenses of the association, and a portion of the votes in the association; and
(c) In a plat community and miscellaneous community, a fraction or percentage of the common expenses of the association and a portion of the votes in the association.
(2) The declaration must state the formulas used to establish allocations of interests. Those allocations may not discriminate in favor of units owned by the declarant or an affiliate of the declarant.
(3) If units may be added to or withdrawn from the common interest community, the declaration must state the formulas to be used to reallocate the allocated interests among all units included in the common interest community after the addition or withdrawal.
(4)(a) The declaration may provide:
(i) That different allocations of votes are made to the units on particular matters specified in the declaration;
(ii) For cumulative voting only for the purpose of electing board members; and
(iii) For class voting on specified issues affecting the class if necessary to protect valid interests of the class.
(b) A declarant may not utilize cumulative or class voting for the purpose of evading any limitation imposed on declarants under this chapter, and units do not constitute a class because they are owned by a declarant.
(5) Except for minor variations due to rounding, the sum of the common expense liabilities and, in a condominium, the sum of the undivided interests in the common elements allocated at any time to all the units must each equal one if stated as a fraction or one hundred percent if stated as a percentage. In the event of discrepancy between an allocated interest and the result derived from application of the pertinent formula, the allocated interest prevails.
(6)(a) In a condominium, the common elements are not subject to partition, and any purported conveyance, encumbrance, judicial sale, or other voluntary or involuntary transfer of an undivided interest in the common elements made without the unit to which that interest is allocated is void.
(b) In a cooperative, any purported conveyance, encumbrance, judicial sale, or other voluntary or involuntary transfer of an ownership interest in the association made without the possessory interest in the unit to which that interest is related is void.
[
2018 c 277 s 208
.]
RCW 64.90.240
Limited common elements.
(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.
[
2024 c 321 s 306
;
2018 c 277 s 209
.]
RCW 64.90.245
Maps
—
Exception
—
Amendments
—
Requirements
—
Recording.
(1) A map is required for all common interest communities. For purposes of this chapter, a map must be construed as part of the declaration.
(2) With the exception of subsections (1), (3), (4), and (14) of this section, this section does not apply to a plat as defined in RCW 58.17.020
.
(3) The map for a common interest community must be executed by the declarant and recorded concurrently with, and contain cross-references by recording number to, the declaration.
(4) An amendment to a map for a common interest community must be executed by the same party or parties authorized or required to execute an amendment to the declaration, contain cross-references by recording number to the declaration and any amendments to the declaration, and be recorded concurrently with an amendment to the declaration. With respect to a plat community, (a) any amendment to the map must be prepared and recorded in compliance with the requirements, processes, and procedures in chapter
58.17
RCW and of the local subdivision ordinances of the city, town, or county in which the plat community is located, and (b) any amendment to the declaration must conform to the map as so approved and recorded.
(5) A map for a cooperative may be prepared by a licensed land surveyor, and may be incorporated into the declaration to satisfy subsection (3) of this section and RCW 64.90.225
(1)(d). If the map for a cooperative is not prepared by a licensed land surveyor, the map need not contain the certification required in subsection (6)(a) of this section.
(6) The map for a common interest community must be clear and legible and must contain:
(a) If the map is a survey, a certification by a licensed land surveyor in substantially the following form:
SURVEYOR CERTIFICATE: This map correctly represents a survey made by me or under my direction in conformance with the requirements of the Survey Recording Act at the request of ..... (name of party requesting the survey) on ..... (date). I hereby certify that this map for ..... (name of common interest community) is based upon an actual survey of the property herein described; that the bearings and distances are correctly shown; that all information required by the Washington Uniform Common Interest Ownership Act is supplied herein; and that all horizontal and vertical boundaries of the units, (1) to the extent determined by the walls, floors, or ceilings thereof, or other physical monuments, are substantially completed in accordance with said map, or (2) to the extent such boundaries are not defined by physical monuments, such boundaries are shown on the map. (Surveyor's name, signature, license or certificate number, and acknowledgment)
(b) If the map is not a survey, a certification in substantially the following form:
DECLARANT CERTIFICATE: I hereby certify on behalf of ..... (declarant) that this map for ..... (name of common interest community) was made by me or under my direction in conformance with the requirements of RCW 64.90.245
; that all information required by the Washington Uniform Common Interest Ownership Act is supplied herein; and that all horizontal and vertical boundaries of the units, (1) to the extent determined by the walls, floors, or ceilings thereof, or other physical monuments, are substantially completed in accordance with said map, or (2) to the extent such boundaries are not defined by physical monuments, such boundaries are shown on the map. (Declarant's name, signature, and acknowledgment)
(c) A declaration by the declarant in substantially the following form:
DECLARANT DECLARATION: The undersigned owner or owners of the interest in the real estate described herein hereby declare this map and dedicate the same for a common interest community named ..... (name of common interest community), a ..... (type of community), as that term is defined in the Washington Uniform Common Interest Ownership Act, solely to meet the requirements of the Washington Uniform Common Interest Ownership Act and not for any public purpose. This map and any portion thereof is restricted by law and the Declaration for ..... (name of common interest community), recorded under (name of county in which the common interest community is located) County Recording No. ..... (recording number). (Declarant's name, signature, and acknowledgment)
(7) Each map filed for a common interest community, and any amendments to the map, must be in the style, size, form, and quality as prescribed by the recording authority of the county where filed, and a copy must be delivered to the county assessor.
(8) Each map prepared for a common interest community in compliance with this chapter, and any amendments to the map, must show or state:
(a) The name of the common interest community and, immediately following the name of the community, a statement that the common interest community is a condominium, cooperative, or miscellaneous community as defined in this chapter. A local jurisdiction may also require that the name of a plat community on the survey, plat, or map be followed by a statement that the common interest community is a plat community as defined in this chapter;
(b) A legal description of the land in the common interest community;
(c) As to a condominium, a survey of the land in the condominium, and as to a cooperative, a survey or a drawing of the land included in the entire cooperative that complies with the other requirements of this section;
(d) If the boundaries of land subject to the development right to withdraw are fixed in the declaration or an amendment to the declaration pursuant to RCW 64.90.225
(1)(h)(i), and subject to the provisions of the declaration, an amendment to the map if not contained in the initial recorded map, the legal description and boundaries of that land, labeled "MAY BE WITHDRAWN FROM THE [COMMON INTEREST COMMUNITY]["];
(e) If the boundaries of land subject to the development right to add units that will result in the reallocation of allocated interests is fixed in the declaration or an amendment to the declaration pursuant to RCW 64.90.225
(1)(h)(i), and subject to the provisions of the declaration, the legal description and boundaries of that land, labeled "SUBJECT TO DEVELOPMENT RIGHTS TO ADD UNITS THAT WILL RESULT IN A REALLOCATION OF ALLOCATED INTERESTS";
(f) The location and dimensions of all existing buildings containing or comprising units;
(g) The extent of any encroachments by or upon any portion of the common interest community;
(h) To the extent feasible, the location and dimensions of all recorded easements serving or burdening any portion of the common interest community and any unrecorded easements of which a surveyor or declarant knows or reasonably should have known;
(i) The location and dimensions of vertical unit boundaries;
(j) The location with reference to an established datum of horizontal unit boundaries, and that unit's identifying number. With respect to a cooperative, miscellaneous community, or condominium for which the horizontal boundaries are not defined by physical monuments, reference to an established datum is not required if the location of the horizontal boundaries of a unit is otherwise reasonably described or depicted;
(k) The legal description and the location and dimensions of any real estate in which the unit owners will own only an estate for years, labeled as "LEASEHOLD REAL ESTATE";
(l) The distance between any noncontiguous parcels of real estate comprising the common interest community;
(m) The general location of any existing principal common amenities listed in a public offering statement under RCW 64.90.610
(1)(k);
(n) The general location of porches, decks, balconies, patios, storage facilities, moorage spaces, or parking spaces that are allocated as limited common elements, and any applicable identifying number or designation; and
(o) As to any survey, all other matters customarily shown on land surveys.
(9) The map for a common interest community may also show the anticipated approximate location and dimensions of any contemplated improvement to be constructed anywhere within the common interest community, and any contemplated improvement shown must be labeled either "MUST BE BUILT" or "NEED NOT BE BUILT."
(10) The map for a common interest community must identify any unit in which the declarant has reserved the right to create additional units or common elements under RCW 64.90.250
(3).
(11) Unless the declaration provides otherwise, any horizontal boundary of part of a unit located outside a building has the same elevation as the horizontal boundary of the inside part and need not be depicted on the map.
(12) Upon exercising any development right, the declarant must record either new maps necessary to conform to the requirements of subsections (3), (4), (6), and (8) of this section, or new certifications of any map previously recorded if that map otherwise conforms to the requirements of subsections (3), (4), (6), and (8) of this section.
(13) Any survey and the surveyor certifications required under this section must be made by a licensed surveyor.
(14) As to a plat community, the information required under subsections (6)(a) and (c), (8)(d) through (g), (k), (m), and (n), (9), and (10) of this section is required, but may be shown on a map incorporated in or attached to the declaration, and need not be shown on the plat community map. Any such map is deemed a map for purposes of applying the provisions of this section, and the declarant must provide the certification required under subsection (6)(b) of this section.
(15) In showing or projecting the location and dimensions of the vertical boundaries of a unit located in a building, it is not necessary to show the thickness of the walls constituting the vertical boundaries or otherwise show the distance of those vertical boundaries either from the exterior surface of the building containing that unit or from adjacent vertical boundaries of other units if: (a) The walls are designated to be the vertical boundaries of that unit; (b) the unit is located within a building, the location and dimensions of the building having been shown on the map under subsection (8)(f) of this section; and (c) the graphic general location of the vertical boundaries are shown in relation to the exterior surfaces of that building and to the vertical boundaries of other units within that building.
[
2019 c 238 s 207
;
2018 c 277 s 210
.]
RCW 64.90.250
Development rights.
(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.
[
2023 c 337 s 6
;
2018 c 277 s 211
.]
RCW 64.90.255
Common elements and units
—
Alterations.
Subject to the provisions of the governing documents and other provisions of law, a unit owner:
(1) May make any improvements or alterations to the unit owner's unit that do not impair the structural integrity or mechanical or electrical systems or lessen the support of any portion of the common interest community;
(2) May not change the appearance of the common elements without approval of the board;
(3) After acquiring an adjoining unit or an adjoining part of an adjoining unit, with approval of the board, may remove or alter any intervening partition or create apertures in the unit or adjoining unit, even if the partition in whole or in part is a common element. The removal of partitions or creation of apertures under this subsection is not an alteration of boundaries. The board must approve a unit owner's request, which must include the plans and specifications for the proposed removal or alteration, under this subsection (3) after receipt of all required information unless the proposed alteration does not comply with this section or the governing documents; and
(4) May eliminate the title to a mobile home or manufactured home within the unit as permitted under chapter
65.20
RCW without the consent or joinder by the association, any other unit owner, or any party having a security interest in any other unit or the common elements.
[
2018 c 277 s 212
.]
RCW 64.90.260
Unit boundaries
—
Relocation.
(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.
[
2024 c 321 s 307
;
2018 c 277 s 213
.]
RCW 64.90.265
Subdivision and combination of units.
(1) Unless prohibited in the declaration, subject to the provisions of the declaration, RCW 64.90.255, and other provisions of law, a unit may be subdivided into two or more units upon application to the association by the unit owner of the unit and upon approval by the board pursuant to this section. The application must include plans showing the relocated boundaries, a reallocation of all the allocated interests of the units among the units created by the subdivision, and such other information as the board may require. 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 64.90.240
and
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 (4) of this section.
(2) Unless prohibited in the declaration, subject to the provisions of the declaration, RCW 64.90.255, and other provisions of law, two or more units may be combined into a lesser number of units upon application to the association by the owners of those units and upon approval by the board pursuant to this section. The application must include plans showing the relocated boundaries, a reallocation of all the allocated interests of the units being combined among the units resulting from the combination, and such other information as the board may require. 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 64.90.240
and
64.90.255, or other provisions of law, the board shall approve the application and prepare any amendments to the declaration and map in accordance with the requirements of subsection (4) of this section.
(3) The association may require payment to the association of a one-time fee or charge or continuing fees or charges payable by the owners of the units whose boundaries are being relocated to include common elements.
(4) The association must prepare, execute, and record any amendments to the declaration and, in a condominium, cooperative, or miscellaneous community, the map, prepared in accordance with the requirements of RCW 64.90.245
and
64.90.285
(3), subdividing or combining those units. The amendment to the declaration must be executed by the association and unit owner or owners of the units from which the subdivided or combined unit or units are derived, assign an identifying number to each resulting unit, and reallocate the allocated interests formerly allocated to the unit from which a combination was derived to the new unit or, if two or more units are derived from such combination, among the new units in any reasonable manner prescribed by such owners in the amendment or on any other basis the declaration requires. The amendments are effective upon recording.
(5) 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.
(6) This section does not apply to the declarant's exercise of any development right to subdivide or combine a unit previously created.
[
2018 c 277 s 214
.]
RCW 64.90.270
Monuments as boundaries.
(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.
[
2024 c 321 s 308
;
2018 c 277 s 215
.]
RCW 64.90.275
Sales purposes.
(1) A declarant may maintain sales offices, management offices, and models in units or on common elements in the common interest community only if the declaration so provides. In a cooperative or condominium, any sales office, management office, or model not designated a unit by the declaration is a common element.
(2) When a declarant no longer owns a unit or has the right to create a unit in the common interest community, the declarant ceases to have any rights under this section unless the unit is removed promptly from the common interest community in accordance with a right to remove reserved in the declaration.
(3) Subject to any limitations in the declaration, a declarant may maintain signs in or on units owned by the declarant or the common elements advertising the common interest community.
(4) This section is subject to the provisions of other state law and local ordinances.
[
2018 c 277 s 216
.]
RCW 64.90.280
Easement and use.
(1) Subject to the declaration, a declarant has an easement through the common elements as may be reasonably necessary for the purpose of discharging the declarant's obligations or exercising special declarant rights, whether arising under this chapter or reserved in the declaration.
(2) Subject to RCW 64.90.405
(2)(f) and
64.90.465, the unit owners have an easement in the common elements for access to their units.
(3) Subject to the declaration and rules, the unit owners have a right to use the common elements that are not limited common elements for the purposes for which the common elements were intended.
[
2018 c 277 s 217
.]
RCW 64.90.285
Amendment of declaration.
(1)(a) Except in cases of amendments that may be executed by: A declarant under subsection (9) of this section, RCW 64.90.240
(2), 64.90.245
(12), 64.90.250, or
64.90.415
(2)(d); the association under RCW 64.90.030, 64.90.230
(5), 64.90.260, 64.90.265, or
64.90.511
or subsection (10) of this section; or certain unit owners under RCW 64.90.240
(2) or (3), 64.90.265
(2), or
64.90.290
(2), and except as limited by subsections (4), (6), (7), and (11) of this section, the declaration may be amended only by vote or agreement of unit owners of units to which at least 67 percent of the votes in the association are allocated, unless the declaration specifies a different percentage not to exceed 90 percent for all amendments or for specific subjects of amendment. For purposes of this section, "amendment" means any change to the declaration, including adding, removing, or modifying restrictions contained in a declaration.
(b) If the declaration requires the approval of another person as a condition of its effectiveness, the amendment is not valid without that approval.
(2) In the absence of fraud, any action to challenge the validity of an amendment adopted by the association may not 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 common interest community is located and is effective only upon recordation. An amendment must be indexed in the grantee's index in the name of the common interest community and the association and in the grantor's index in the name of the parties executing the amendment.
(4) Except to the extent expressly permitted or required under this chapter, an amendment may not create or increase special declarant rights, increase the number of units, change the boundaries of any unit, or change the allocated interests of a unit without the consent of unit owners to which at least 90 percent of the votes in the association are allocated, including the consent of any unit owner of a unit, the boundaries of which or allocated interest of which is changed by the amendment.
(5) Amendments to the declaration required to be executed by the association must be executed by any authorized officer of the association who must certify in the amendment that it was properly adopted.
(6) The time limits specified in the declaration pursuant to RCW 64.90.225
(1)(g) within which reserved development rights must be exercised may be extended, and additional development rights may be created, if persons entitled to cast at least 80 percent of the votes in the association, including 80 percent of the votes allocated to units not owned by the declarant, agree to that action. The agreement is effective 30 days after an amendment to the declaration reflecting the terms of the agreement is recorded unless all the persons holding the affected special declarant rights, or security interests in those rights, record a written objection within the 30-day period, in which case the amendment is void, or consent in writing at the time the amendment is recorded, in which case the amendment is effective when recorded.
(7) A provision in the declaration creating special declarant rights that have not expired may not be amended without the consent of the declarant.
(8) If any provision of this chapter or the declaration requires the consent of a holder of a security interest in a unit as a condition to the effectiveness of an amendment to the declaration, the consent is deemed granted if a refusal to consent in a record is not received by the association within 60 days after the association delivers notice of the proposed amendment to the holder at an address for notice provided by the holder or mails the notice to the holder by certified mail, return receipt requested, at that address. If the holder has not provided an address for notice to the association, the association must provide notice to the address in the security interest of record.
(9) Upon 30-day advance notice to unit owners, the declarant may, without a vote of the unit owners or approval by the board, unilaterally adopt, execute, and record a corrective amendment or supplement to the governing documents to correct a mathematical mistake, an inconsistency, or a scrivener's error, or clarify an ambiguity in the governing documents with respect to an objectively verifiable fact including, without limitation, recalculating the undivided interest in the common elements, the liability for common expenses, or the number of votes in the unit owners association appertaining to a unit, within five years after the recordation or adoption of the governing document containing or creating the mistake, inconsistency, error, or ambiguity. Any such amendment or supplement may not materially reduce what the obligations of the declarant would have been if the mistake, inconsistency, error, or ambiguity had not occurred.
(10) Upon 30-day advance notice to unit owners, the association may, upon a vote of two-thirds of the members of the board, without a vote of the unit owners, adopt, execute, and record an amendment to the declaration for the following purposes:
(a) To correct or supplement the governing documents as provided in subsection (9) of this section;
(b) To remove language and otherwise amend as necessary to effect the removal of language that purports to impose limitations on the power of the association beyond the limit authorized in RCW 64.90.405
(3)(a) to deal with the declarant that are more restrictive than the limitations imposed on the power of the association to deal with other persons; and
(c) To remove any other language and otherwise amend as necessary to effect the removal of language purporting to limit the rights of the association or its unit owners in direct conflict with this chapter.
(11) If the declaration requires that amendments to the declaration may be adopted only if the amendment is signed by a specified number or percentage of unit owners and if the common interest community contains more than 20 units, such requirement is deemed satisfied if the association obtains such signatures or the vote or agreement of unit owners holding such number or percentage.
(12)(a) If the declaration requires that amendments to the declaration may be adopted only by the vote or agreement of unit owners of units to which more than 67 percent of the votes in the association are allocated, and the percentage required is otherwise consistent with this chapter, the amendment is approved if:
(i) The approval of the percentage specified in the declaration is obtained;
(ii)(A) Unit owners of units to which at least 67 percent of the votes in the association are allocated vote for or agree to the proposed amendment;
(B) A unit owner does not vote against the proposed amendment; and
(C) Notice of the proposed amendment, including notice that the failure of a unit owner to object may result in the adoption of the amendment, is delivered to the unit owners holding the votes in the association that have not voted or agreed to the proposed amendment and no written objection to the proposed amendment is received by the association within 60 days after the association delivers notice; or
(iii)(A) Unit owners of units to which at least 67 percent of the votes in the association are allocated vote for or agree to the proposed amendment;
(B) At least one unit owner objects to the proposed amendment; and
(C) Pursuant to an action brought by the association in the county in which the common interest community is situated against all objecting unit owners, the court finds, under the totality of circumstances including, but not limited to, the subject matter of the amendment, the purpose of the amendment, the percentage voting to approve the amendment, and the percentage objecting to the amendment, that the amendment is reasonable.
(b) If the declaration requires the affirmative vote or approval of any particular unit owner or class of unit owners as a condition of its effectiveness, the amendment is not valid without that vote or approval.
[
2024 c 321 s 309
;
2019 c 238 s 208
;
2018 c 277 s 218
.]
RCW 64.90.290
Termination.
(1) Except for a taking of all the units by condemnation, foreclosure against an entire cooperative of a security interest that has priority over the declaration, or in the circumstances described in RCW 64.90.325, a common interest community may be terminated only by agreement of unit owners of units to which at least 80 percent of the votes in the association are allocated, including at least 80 percent of the votes allocated to units not owned by the declarant, and with any other approvals required by the declaration. The declaration may require a larger percentage of total votes in the association for approval, but termination requires approval by at least 80 percent of the votes allocated to units not owned by the declarant. The declaration may specify smaller percentages only if all of the units are restricted exclusively to nonresidential uses.
(2) An agreement to terminate must be evidenced by the execution of a termination agreement, or ratifications of the agreement, in the same manner as a deed, by the requisite number of unit owners. The termination agreement must specify a date after which the agreement is void unless it is recorded before that date. A termination agreement and all ratifications of the agreement must be recorded in every county in which a portion of the common interest community is situated and is effective only upon recordation. An agreement to terminate may only be amended by complying with the requirements of this subsection and subsection (1) of this section.
(3) A termination agreement may provide for the sale of some or all of the common elements and units of the common interest community following termination. If, pursuant to the agreement, any real estate in the common interest community is to be sold following termination, the termination agreement must set forth the minimum purchase price, manner of payment, and outside closing date, and may include any other terms of the sale.
(4)(a) The association, on behalf of the unit owners, may contract for the sale of real estate in a common interest community, but the contract is not binding on the unit owners until approved pursuant to subsections (1) and (2) of this section. If any real estate is to be sold following termination, title to that real estate not already owned by the association vests on termination in the association as trustee for the holders of all interests in the units. Thereafter, the association has all powers necessary and appropriate to effect the sale. Until the sale has been concluded and the proceeds of the sale distributed, the association continues in existence with all powers it had before termination.
(b) Proceeds of the sale must be distributed to unit owners and lienholders as their interests may appear, in accordance with subsections (7), (8), (9), and (13) of this section. Unless otherwise specified in the termination agreement, as long as the association holds title to the real estate, each unit owner and the unit owner's successors in interest have an exclusive right to occupancy of the portion of the real estate that formerly constituted the unit. During the period of that occupancy, each unit owner and the unit owner's successors in interest remain liable for all assessments and other obligations imposed on unit owners under this chapter or the declaration.
(5) Termination does not change title to a unit or common element not to be sold following termination unless the termination agreement otherwise provides.
(6) Following termination of the common interest community, the proceeds of a sale of real estate, together with the assets of the association, are held by the association as trustee for unit owners and holders of liens on the units as their interests may appear.
(7)(a) Following termination of a condominium, plat community, or miscellaneous community, creditors of the association holding liens on the units that were recorded or perfected under RCW 4.64.020
before termination may enforce those liens in the same manner as any lienholder.
(b) All other creditors of the association are to be treated as if they had perfected liens on the units immediately before termination.
(8) In a cooperative, the declaration may provide that all creditors of the association have priority over any interests of unit owners and creditors of unit owners. In that event, following termination, creditors of the association holding liens on the cooperative that were recorded or perfected under RCW 4.64.020
before termination may enforce their liens in the same manner as any lienholder, and any other creditor of the association is to be treated as if the creditor had perfected a lien against the cooperative immediately before termination. Unless the declaration provides that all creditors of the association have that priority:
(a) The lien of each creditor of the association that was perfected against the association before termination becomes, upon termination, a lien against each unit owner's interest in the unit as of the date the lien was perfected;
(b) Any other creditor of the association must be treated, upon termination, as if the creditor had perfected a lien against each unit owner's interest immediately before termination;
(c) The amount of the lien of an association's creditor described in (a) and (b) of this subsection against each of the unit owners' interest must be proportionate to the ratio that each unit's common expense liability bears to the common expense liability of all of the units;
(d) The lien of each creditor of each unit owner that was perfected before termination continues as a lien against that unit owner's unit as of the date the lien was perfected;
(e) The assets of the association must be distributed to all unit owners and all lienholders as their interests may appear in the order described in this subsection; and
(f) Creditors of the association are not entitled to payment from any unit owner in excess of the amount of the creditor's lien against that unit owner's interest.
(9) The respective interests of unit owners referred to in subsections (4), (5), (6), (7), (8), and (13) of this section are as follows:
(a) Except as otherwise provided in (d) of this subsection, the respective interests of unit owners are the fair market values of their units, allocated interests, and any limited common elements immediately before the termination, as determined by appraisal made by one or more independent appraisers selected by the association. The appraisal must be distributed to the unit owners and becomes final unless:
(i) Disapproved not later than 30 days after distribution by unit owners of units to which at least 25 percent of the votes in the association are allocated; or
(ii) A unit owner objects in a record not later than 30 days after distribution to the determination of value of the unit owner's unit.
(b) A unit owner that objects under (a)(ii) of this subsection may select an appraiser to represent the owner and make an appraisal of the unit owner's unit. If the association's appraisal and the unit owner's appraisal of the fair market value of the unit owner's interest differ, a panel consisting of an appraiser selected by the association, the unit owner's appraiser, and a third appraiser mutually selected by the first two appraisers shall determine, by majority vote, the value of the unit owner's interest. The determination of value by the panel is final.
(c) The proportion of any unit owner's interest to that of all unit owners is determined by dividing the fair market value of that unit owner's unit and its allocated interests by the total fair market values of all the units and their allocated interests.
(d) If any unit or any limited common element is destroyed to the extent that an appraisal of the fair market value of the unit or limited common element before destruction cannot be made, the interests of all unit owners are:
(i) In a condominium, their respective common element interests immediately before the termination;
(ii) In a cooperative, their respective ownership interests immediately before the termination; and
(iii) In a plat community or miscellaneous community, their respective common expense liabilities immediately before the termination.
(10) In a condominium, plat community, or miscellaneous community, except as otherwise provided in subsection (11) of this section, foreclosure or enforcement of a lien or encumbrance against the entire common interest community does not terminate the common interest community, and foreclosure or enforcement of a lien or encumbrance against a portion of the common interest community, other than withdrawable real estate, does not withdraw that portion from the common interest community. Foreclosure or enforcement of a lien or encumbrance against withdrawable real estate, or against common elements that have been subjected to a security interest by the association under RCW 64.90.465, does not withdraw that real estate from the common interest community, but the person taking title to the real estate may require from the association, upon request, an amendment excluding the real estate from the common interest community.
(11) In a condominium, plat community, or miscellaneous community, if a lien or encumbrance against a portion of the real estate comprising the common interest community has priority over the declaration and the lien or encumbrance has not been partially released, the parties foreclosing the lien or encumbrance, upon foreclosure, may record an instrument excluding the real estate subject to that lien or encumbrance from the common interest community.
(12) The right of partition under chapter
7.52
RCW is suspended if an agreement to sell property is provided for in the termination agreement pursuant to subsection (3) of this section. The suspension of the right to partition continues unless a binding obligation to sell does not exist three months after the recording of the termination agreement, the binding sale agreement is terminated, or one year after the termination agreement is recorded, whichever occurs first.
(13) A termination agreement complying with this section may provide for termination of fewer than all of the units in a common interest community, subject to the following:
(a) In addition to the approval required by subsection (1) of this section, the termination agreement must be approved by at least 80 percent of the votes allocated to the units being terminated;
(b) The termination agreement must reallocate under RCW 64.90.235
the allocated interests for the units that remain in the common interest community after termination;
(c) The aggregate values of the units and common elements being terminated must be determined under subsection (9) of this section. The termination agreement must specify the allocation of the proceeds of sale for the units and common elements being terminated and sold;
(d) Security interests and liens on remaining units and remaining common elements continue, and security interests and liens on units being terminated no longer extend to any remaining common elements;
(e) The unit owners association continues as the association for the remaining units; and
(f) The association shall record with the termination agreement under subsection (2) of this section an amendment to the declaration or an amended and restated declaration, and, if necessary, an amendment to the map or an amended and restated map.
[
2024 c 321 s 310
;
2018 c 277 s 219
.]
RCW 64.90.295
Rights of secured lenders.
(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.
[
2018 c 277 s 220
.]
RCW 64.90.300
Master association.
(1) A declaration may:
(a) Delegate a power under RCW 64.90.405
from the unit owners association to a master association;
(b) Provide for exercise of the powers under RCW 64.90.405
by a master association that also serves as the unit owners association for the common interest community; and
(c) Reserve a special declarant right to make the common interest community subject to a master association.
(2) All provisions of this chapter applicable to unit owners associations apply to the master association, except as modified by this section.
(3) A unit owners association may delegate a power under RCW 64.90.405
to a master association without amending the declaration. The board of the unit owners association shall give notice to the unit owners of a proposed delegation and include a statement that unit owners may object in a record to the delegation not later than 30 days after delivery of the notice. The delegation becomes effective if the board does not receive a timely objection from unit owners of units to which at least 10 percent of the votes in the association are allocated. If the board receives a timely objection by at least 10 percent of the votes, the delegation becomes effective only if the unit owners vote under RCW 64.90.455
to approve the delegation by a majority vote. The delegation is not effective until the master association accepts the delegation.
(4) A delegation under subsection (1)(a) of this section may be revoked only by an amendment to the declaration.
(5) At a meeting of the unit owners which lists in the notice of the meeting the subject of delegation of powers from the board to a master association, the unit owners may revoke the delegation by a majority of the votes cast at the meeting. The effect of revocation on the rights and obligations of parties under a contract between a unit owners association and a master association is determined by law of this state other than this chapter.
(6) Unless it is acting in the capacity of a unit owners association, a master association may exercise the powers set forth in RCW 64.90.405
(1)(b) only to the extent expressly permitted in the declarations of common interest communities that are part of the master association or expressly described in the delegations of power from those common interest communities to the master association.
(7) After a unit owners association delegates a power to a master association, the unit owners association, its board members, and its officers are not liable for an act or omission of the master association with respect to the delegated power.
(8) The rights and responsibilities of unit owners with respect to the unit owners association set forth in RCW 64.90.410, 64.90.445, 64.90.450, 64.90.455, 64.90.465, and
64.90.505
apply in the conduct of the affairs of a master association only to persons who elect the board of a master association, whether or not those persons are otherwise unit owners within the meaning of this chapter.
(9) Not later than 90 days after termination of a period of declarant control of the master association, the board of the master association must be elected in one of the following ways:
(a) The unit owners of all common interest communities subject to the master association may elect all members of the master association's board; or
(b) The unit owners in, or the board of, each common interest community subject to the master association elect one or more members of the master association's board if the instruments governing the master association apportion the seats on the board to each common interest community in a manner roughly proportional to the number of units in each common interest community.
(10) A period of declarant control of the master association under subsection (9) of this section terminates not later than the earlier of:
(a) The termination under RCW 64.90.415
of all periods of declarant control of all common interest communities subject to the master association under RCW 64.90.415
; or
(b) 60 days after conveyance to unit owners other than a declarant of 75 percent of the units that may be created in all common interest communities subject to the master association.
[
2025 c 119 s 9
;
2024 c 321 s 203
;
2018 c 277 s 221
.]
RCW 64.90.305
Delegation of power to subassociations.
(1)(a) If the declaration provides that any of the powers described in RCW 64.90.405
are to be exercised by or may be delegated to a for-profit corporation or limited liability company that exercises those or other powers on behalf of unit owners owning less than all of the units in a common interest community, and if those unit owners share the exclusive use of one or more limited common elements within the common interest community or share some property or other interest in the common interest community in common that is not shared by the remainder of the unit owners in the common interest community, all provisions of this chapter applicable to unit owners associations apply to any such corporation or limited liability company, except as modified under this section.
(b) The delegation of powers to a subassociation must not be used to discriminate in favor of units owned by the declarant or an affiliate of the declarant.
(2) A subassociation may exercise the powers set forth in RCW 64.90.405
only to the extent expressly permitted by the declaration of the common interest community of which the units in the subassociation are a part of or expressly described in the delegations of power from that common interest community to the subassociation.
(3) If the declaration of any common interest community contains a delegation of certain powers to a subassociation, or provides that the board of the common interest community may make such a delegation, the board members are not liable for the acts or omissions of the subassociation with respect to those powers so exercised by the subassociation following delegation.
(4) The rights and responsibilities of unit owners with respect to the unit owners association set forth in RCW 64.90.400
through
64.90.500
apply to the conduct of the affairs of a subassociation.
(5) Notwithstanding RCW 64.90.415
(4), the board of the subassociation must be elected after any period of declarant control by the unit owners of all of the units in the common interest community subject to the subassociation.
(6) The declaration of the common interest community creating the subassociation may provide that the authority of the board of the subassociation is exclusive with regard to the powers and responsibilities delegated to it. In the alternative, the declaration may provide as to some or all such powers that the authority of the board of a subassociation is concurrent with and subject to the authority of the board of the unit owners association, in which case the declaration must also contain standards and procedures for the review of the decisions of the board of the subassociation and procedures for resolving any dispute between the board of the unit owners association and the board of the subassociation.
[
2018 c 277 s 222
.]
RCW 64.90.310
Merger or consolidation.
(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.
[
2024 c 321 s 204
;
2018 c 277 s 223
.]
RCW 64.90.315
Addition of unspecified real estate.
In a plat community or miscellaneous community, if the right is originally reserved in the declaration, the declarant, in addition to any other development right, may amend the declaration at any time during as many years as are specified in the declaration for adding additional real estate to the plat community or miscellaneous community without describing the location of that real estate in the original declaration. The amount of real estate added to the plat community or miscellaneous community pursuant to this section may not exceed ten percent of the real estate described in RCW 64.90.225
(1)(b) together with any real estate that is described in the declaration for addition to the plat community or miscellaneous community, and the declarant may not increase the number of units in the plat community or miscellaneous community beyond the number stated in the original declaration pursuant to RCW 64.90.225
(1)(c).
[
2018 c 277 s 224
.]
RCW 64.90.320
Large scale communities.
(1) The declaration for a common interest community may state that it is a large scale community if the declarant has reserved the development right to create at least five hundred units that may be used for residential purposes and, at the time of the reservation, that declarant owns or controls more than five hundred acres on which the units may be built.
(2) If the requirements of subsection (1) of this section are satisfied, the declaration for the large scale community need not state a maximum number of units and need not contain any of the information required under RCW 64.90.225
(1) (c) through (n) until the declaration is amended under subsection (3) of this section.
(3) When each unit in a large scale community is conveyed to a purchaser, the declaration must contain:
(a) A sufficient legal description of the unit and all portions of the large scale community in which any other units have been conveyed to a purchaser; and
(b) All the information required under RCW 64.90.225
(1) (c) through (n) with respect to that real estate.
(4) The only real estate in a large scale community subject to this chapter are units that have been made subject to the declaration or that are being offered for sale and any other real estate described pursuant to subsection (3) of this section. Other real estate that is or may become part of the large scale community is only subject to other law and to any other restrictions and limitations that appear of record.
(5) If the public offering statement conspicuously identifies the fact that the community is a large scale community, the disclosure requirements contained in RCW 64.90.600
through
64.90.695
apply only to units that have been made subject to the declaration or are being offered for sale in connection with the public offering statement and to any other real estate described pursuant to subsection (3) of this section.
(6) Limitations in this chapter on the addition of unspecified real estate do not apply to a large scale community.
(7) The period of declarant control of the association for a large scale community terminates in accordance with any conditions specified in the declaration or otherwise at the time the declarant, in a recorded instrument and after giving notice in a record to the board of the association, voluntarily surrenders all rights to control the activities of the association.
[
2018 c 277 s 225
.]
RCW 64.90.325
Judicial termination.
(1) If substantially all the units in a common interest community have been destroyed or abandoned or are uninhabitable and the available methods for giving notice under RCW 64.90.515
of a meeting of unit owners to consider termination under RCW 64.90.290
will not likely result in receipt of the notice, the board or any other interested person may commence an action seeking to terminate the common interest community in the superior court for any county in which a portion of the common interest community is located. If any portion of the common interest community is located in a county other than the county in which the action is commenced, the person commencing the action must record a copy of the judgment in the other county.
(2) During the pendency of the action, the court may issue whatever orders it considers appropriate, including appointment of a receiver. After a hearing, the court may terminate the common interest community or reduce its size and may issue any other order the court considers to be in the best interest of the unit owners and persons holding an interest in the common interest community.
[
2018 c 277 s 226
.]
RCW 64.90.340
New interests minimum density.
Declarations and governing documents of a common interest community within cities subject to the middle housing requirements in RCW 36.70A.635
that are created after July 23, 2023, may not actively or effectively prohibit the construction, development, or use of additional housing units as required in RCW 36.70A.635
.
[
2023 c 332 s 13
.]
NOTES:
Finding
—
2023 c 332:
See note following RCW 36.70A.635
.
RCW 64.90.350
New common interest communities
—
Accessory dwelling units.
(1) Except declarations and governing documents of common interest communities created to protect public health and safety, and ground and surface waters from on-site wastewater, declarations and governing documents of common interest communities 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.
[
2023 c 334 s 12
.]
NOTES:
Findings
—
Intent
—
2023 c 334:
See note following RCW 36.70A.680
.
RCW 64.90.360
Common interest communities.
(1) Except as provided otherwise in this section, RCW 64.90.365
and
64.90.375, this chapter applies to all common interest communities.
(2) Before January 1, 2028, this chapter applies only to:
(a) A common interest community created on or after July 1, 2018; and
(b) A common interest community created before July 1, 2018, that amends its declaration to elect to be subject to this chapter.
(3) *Chapters
58.19, 64.32, 64.34, and
64.38
RCW:
(a) Do not apply to common interest communities subject to this chapter; and
(b) Apply to a common interest community created before July 1, 2018, only until the community becomes subject to this chapter.
(4)(a) Unless the declaration provides that this entire chapter is applicable, a plat community or miscellaneous community that is not subject to any development right is subject only to RCW 64.90.010, 64.90.015, 64.90.020, 64.90.025, 64.90.030, 64.90.035, 64.90.040, 64.90.045, 64.90.050, 64.90.055, 64.90.060, 64.90.065, 64.90.070, 64.90.085, **
64.90.090, 64.90.100, 64.90.105, 64.90.110, 64.90.115, 64.90.210, 64.90.225, 64.90.230, 64.90.235, 64.90.240, 64.90.245, 64.90.255, 64.90.260, 64.90.265, 64.90.280, 64.90.285, 64.90.290, 64.90.300, 64.90.340, 64.90.350, 64.90.360, 64.90.400, 64.90.405, 64.90.410, 64.90.415, 64.90.420, 64.90.435, 64.90.445, 64.90.450, 64.90.455, 64.90.465, 64.90.480, 64.90.485, 64.90.490, 64.90.495, 64.90.502, 64.90.505, 64.90.510, 64.90.511, 64.90.5111, 64.90.512, 64.90.513, 64.90.515, 64.90.518, 64.90.520, 64.90.525, 64.90.530, 64.90.535, 64.90.540, 64.90.545, 64.90.550, 64.90.555, 64.90.560, 64.90.565, 64.90.570, 64.90.575, 64.90.580, 64.90.585, 64.90.640, and
64.90.685, if the community: (i) Contains no more than 50 units; and (ii) provides in its declaration that the annual average assessment of all units restricted to residential purposes, exclusive of optional user fees, may not exceed $1,000, as adjusted pursuant to RCW 64.90.065
.
(b) The exemption provided in this subsection applies only if:
(i) The declarant reasonably believes in good faith that the maximum stated assessment will be sufficient to pay the expenses of the association for the community; and
(ii) The declaration provides that the assessment may not be increased above the limitation in (a)(ii) of this subsection prior to the transition meeting without the consent of unit owners, other than the declarant, holding 90 percent of the votes in the association.
(5) Before January 1, 2028, except as otherwise provided in RCW 64.90.365, this chapter does not apply to any common interest community created within this state on or after July 1, 2018, if:
(a) That common interest community is made part of a common interest community created in this state prior to July 1, 2018, pursuant to a right expressly set forth in the declaration of the preexisting common interest community; and
(b) The declaration creating that common interest community expressly subjects that common interest community to the declaration of the preexisting common interest community pursuant to such right described in (a) of this subsection.
[
2025 c 119 s 10
;
2024 c 321 s 506
;
2019 c 238 s 203
;
2018 c 277 s 116
. Formerly RCW 64.90.075
.]
NOTES:
Reviser's note:
*(1) Chapters
58.19, 64.32, 64.34, and
64.38
RCW were repealed by 2024 c 321, effective January 1, 2028.
**(2) RCW 64.90.090
was repealed by 2024 c 321 s 505, effective January 1, 2028.
RCW 64.90.365
Common interest communities
—
Exceptions.
(Effective until January 1, 2026.)
(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
.
[
2024 c 321 s 508
;
2019 c 238 s 204
;
2018 c 277 s 117
. Formerly RCW 64.90.080
.]
NOTES:
Reviser's note:
*(1) Chapters
58.19, 64.32, 64.34, and
64.38
RCW were repealed by 2024 c 321, effective January 1, 2028.
**(2) RCW 64.90.095
was recodified as RCW 64.90.370
pursuant to
2024 c 321 s 510
.
PDF
RCW 64.90.365
Common interest communities
—
Exceptions.
(Effective January 1, 2026.)
(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 64.90.445
;
(d) RCW 64.90.480
(10);
(e) RCW 64.90.502
;
(f) RCW 64.90.513
;
(g) RCW 64.90.525
;
(h) RCW 64.90.545
;
(i) RCW 64.90.580
; and
(j) 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 64.90.370
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
.
[
2025 c 119 s 11
;
2024 c 321 s 508
;
2019 c 238 s 204
;
2018 c 277 s 117
. Formerly RCW 64.90.080
.]
NOTES:
*
Reviser's note:
Chapters
58.19, 64.32, 64.34, and
64.38
RCW were repealed by 2024 c 321, effective January 1, 2028.
Effective date
—
2025 c 119 ss 2-4, 11, 19, 21, 25, and 34:
See note following RCW 64.32.260
.
RCW 64.90.370
Election of preexisting common interest communities, plat communities, miscellaneous communities.
(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.
[
2024 c 321 s 509
;
2018 c 277 s 120
. Formerly RCW 64.90.095
.]
RCW 64.90.375
Governing documents
—
Inconsistency.
(1) Except as provided in subsection (2) of this section, if a common interest community created before July 1, 2018, becomes subject to this chapter on January 1, 2028, or earlier, a provision of its governing documents inconsistent with this chapter is invalid unless:
(a) The provision is expressly permitted under *RCW 64.90.509
; or
(b) The common interest community is a plat community or miscellaneous community described in RCW 64.90.360
(4), or a nonresidential or mixed-use common interest community described in RCW 64.90.100
.
(2) This chapter does not require a common interest community validly created before July 1, 2018, to:
(a) Comply with the requirements of this chapter for creation of a common interest community; or
(b) Prepare or amend the map.
(3) This chapter does not invalidate an action validly taken or transaction validly entered into before a common interest community becomes subject to this chapter.
[
2024 c 321 s 507
.]
NOTES:
*Reviser's note:
RCW 64.90.509
was repealed by
2025 c 119 s 33
.
RCW 64.90.400
Unit owners association
—
Organization.
(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.
[
2021 c 176 s 5233
;
2018 c 277 s 301
.]
NOTES:
Effective date
—
2021 c 176:
See note following RCW 24.03A.005
.
RCW 64.90.405
Powers and duties.
(1) An association must:
(a) Adopt organizational documents;
(b) Adopt budgets as provided in RCW 64.90.525
;
(c) Impose assessments for common expenses on the unit owners as provided in RCW 64.90.480
(1) and
64.90.525
;
(d) Prepare financial statements as provided in RCW 64.90.530
; and
(e) Deposit and maintain the funds of the association in accounts as provided in RCW 64.90.530
.
(2) Except as provided otherwise in subsection (4) of this section and subject to the provisions of the declaration, the association may:
(a) Amend organizational documents and adopt and amend rules;
(b) Amend budgets under RCW 64.90.525
;
(c) Hire and discharge managing agents and other employees, agents, and independent contractors;
(d) Institute, defend, or intervene in litigation or in arbitration, mediation, or administrative proceedings or any other legal proceeding in its own name on behalf of itself or two or more unit owners on matters affecting the common interest community;
(e) Make contracts and incur liabilities subject to subsection (4) of this section;
(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 estate or personal property, but:
(i) Common elements in a condominium, plat community, or miscellaneous community may be conveyed or subjected to a security interest pursuant to RCW 64.90.465
only; and
(ii) Part of a cooperative may be conveyed, or all or part of a cooperative may be subjected to a security interest pursuant to RCW 64.90.465
only;
(i) Grant easements, leases, and licenses through or over the common elements, but a grant to a unit owner that benefits the unit owner's unit is allowed only by reallocation under RCW 64.90.240
(3) of the common elements to a limited common element, and petition for or consent to the vacation of streets and alleys. Notwithstanding the foregoing, a reallocation shall not be required in regard to the installation of an electric vehicle charging station on the common elements;
(j) Impose and collect any reasonable payments, fees, or charges for:
(i) The use, rental, or operation of the common elements, other than limited common elements described in RCW 64.90.210
(1)(b) and (3);
(ii) Services provided to unit owners; and
(iii) Moving in, moving out, or transferring title to units to the extent provided for in the declaration;
(k) Collect assessments and impose and collect reasonable charges for late payment of assessments;
(l) Enforce the governing documents and, after notice and opportunity to be heard, impose and collect reasonable fines for violations of the governing documents in accordance with a previously established schedule of fines adopted by the board of directors and furnished to the owners pursuant to the requirements for notice in RCW 64.90.505
;
(m) Impose and collect reasonable charges for the preparation and recordation of amendments to the declaration, resale certificates required under RCW 64.90.640, lender questionnaires, or statements of unpaid assessments;
(n) Provide for the indemnification of its officers and board members, to the extent provided in RCW 23B.17.030
;
(o) Maintain directors' and officers' liability insurance;
(p) Subject to subsection (4) of this section, assign its right to future income, including the right to receive assessments;
(q) 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 that benefit the condominium directly or indirectly;
(r) Establish and administer a reserve account as described in RCW 64.90.535
;
(s) Prepare a reserve study as described in RCW 64.90.545
;
(t) Exercise any other powers conferred by the declaration or organizational documents;
(u) Exercise all other powers that may be exercised in this state by the same type of entity as the association;
(v) Exercise any other powers necessary and proper for the governance and operation of the association;
(w) Require that disputes between the association and unit owners or between two or more unit owners regarding the common interest community, other than those governed by chapter
64.50
RCW, be submitted to nonbinding alternative dispute resolution as a prerequisite to commencement of a judicial proceeding; and
(x) Suspend any right or privilege of a unit owner who fails to pay an assessment which suspension may be imposed for a reasonable amount of time not to exceed one business day after the association receives full payment of the delinquent assessment and the board has received confirmation of payment and cleared funds, but may not:
(i) Deny a unit owner or other occupant access to the owner's unit, or any limited common elements allocated only to that unit, or any common elements necessary to access the unit;
(ii) Suspend a unit owner's right to vote; or
(iii) Withhold services provided to a unit or a unit owner by the association if the effect of withholding the service would be to endanger the health, safety, or property of any person.
(3) The declaration may not limit the power of the association beyond the limit authorized in subsection (2)(w) of this section to:
(a) Deal with the declarant if the limit is more restrictive than the limit imposed on the power of the association to deal with other persons; or
(b) Institute litigation or an arbitration, mediation, or administrative proceeding against any person, subject to the following:
(i) The association must comply with chapter
64.50
RCW, if applicable, before instituting any proceeding described in chapter
64.50
RCW in connection with construction defects; and
(ii) The board must promptly provide notice to the unit owners of any legal proceeding in which the association is a party other than proceedings involving enforcement of rules or to recover unpaid assessments or other sums due the association.
(4) Any borrowing by an association that is to be secured by an assignment of the association's right to receive future income pursuant to subsection (2)(e) and (p) of this section requires ratification by the unit owners as provided in this subsection.
(a) The board must provide notice of the intent to borrow to all unit owners. The notice must include the purpose and maximum amount of the loan, the estimated amount and term of any assessments required to repay the loan, a reasonably detailed projection of how the money will be expended, and the interest rate and term of the loan.
(b) In the notice, the board must set a date for a meeting of the unit owners, which must not be less than 14 and no more than 50 days after mailing of the notice, to consider ratification of the borrowing.
(c) Unless at that meeting, whether or not a quorum is present, unit owners holding a majority of the votes in the association or any larger percentage specified in the declaration reject the proposal to borrow funds, the association may proceed to borrow the funds in substantial accordance with the terms contained in the notice.
(5) If a tenant of a unit owner violates the governing documents, in addition to exercising any of its powers against the unit owner, the association may:
(a) Exercise directly against the tenant the powers described in subsection (2)(l) of this section;
(b) After giving notice to the tenant and the unit owner and an opportunity to be heard, levy reasonable fines against the tenant and unit owner for the violation; and
(c) Enforce any other rights against the tenant for the violation that the unit owner as the landlord could lawfully have exercised under the lease or that the association could lawfully have exercised directly against the unit owner, or both; but the association does not have the right to terminate a lease or evict a tenant unless permitted by the declaration. The rights referred to in this subsection (5)(c) may be exercised only if the tenant or unit owner fails to cure the violation within 10 days after the association notifies the tenant and unit owner of that violation.
(6) Unless a lease otherwise provides, this section does not:
(a) Affect rights that the unit owner has to enforce the lease or that the association has under other law; or
(b) Permit the association to enforce a lease to which it is not a party in the absence of a violation of the governing documents.
(7) The board may determine whether to take enforcement action by exercising the association's power to impose sanctions or commencing an action for a violation of the governing documents, including whether to compromise any claim for unpaid assessments or other claim made by or against it.
(8) The board does not have a duty to take enforcement action if it determines that, under the facts and circumstances presented:
(a) The association's legal position does not justify taking any or further enforcement action;
(b) The covenant, restriction, or rule being enforced is, or is likely to be construed as, inconsistent with law;
(c) Although a violation may exist or may have occurred, it is not so material as to be objectionable to a reasonable person or to justify expending the association's resources; or
(d) It is not in the association's best interests to pursue an enforcement action.
(9) The board's decision under subsections (7) and (8) of this section to not pursue enforcement under one set of circumstances does not prevent the board from taking enforcement action under another set of circumstances, but the board may not be arbitrary or capricious in taking enforcement action.
[
2025 c 119 s 12
;
2024 c 321 s 311
;
2019 c 238 s 209
;
2018 c 277 s 302
.]
RCW 64.90.410
Board members, officers, and committees.
(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.
[
2025 c 119 s 13
;
2024 c 321 s 312
;
2019 c 238 s 101
;
2018 c 277 s 303
.]
RCW 64.90.415
Period of declarant control
—
Transition.
(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).
[
2018 c 277 s 304
.]
RCW 64.90.420
Transfer of association property.
(1) No later than 30 days following the date of the transition meeting held pursuant to RCW 64.90.415
(4), the declarant must deliver or cause to be delivered to the board elected at the transition meeting all property of the unit owners and association as required by the declaration or this chapter including, but not limited to:
(a) The original or a copy of the recorded declaration and each amendment to the declaration;
(b) The organizational documents of the association;
(c) The minute books, including all minutes, and other books and records of the association;
(d) Current rules and regulations that have been adopted;
(e) Resignations of officers and members of the board who are required to resign because the declarant is required to relinquish control of the association;
(f) The financial records, including canceled checks, bank statements, and financial statements of the association, and source documents from the time of formation of the association through the date of transfer of control to the unit owners;
(g) Association funds or the control of the funds of the association;
(h) Originals or copies of any recorded instruments of conveyance for any common elements included within the common interest community but not appurtenant to the units;
(i) All tangible personal property of the association;
(j) Except for alterations to a unit done by a unit owner other than the declarant, a copy of the most recent plans and specifications used in the construction or remodeling of the common interest community, except for buildings containing fewer than three units;
(k) Originals or copies of insurance policies for the common interest community and association;
(l) Originals or copies of any certificates of occupancy that may have been issued for the common interest community;
(m) Originals or copies of any other permits obtained by or on behalf of the declarant and issued by governmental bodies applicable to the common interest community;
(n) Originals or copies of all written warranties that are still in effect for the common elements, or any other areas or facilities that 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) Originals or copies of any leases of the common elements and other leases to which the association is a party;
(q) Originals or photocopies of 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) Originals or copies of any qualified warranty issued to the association as provided for in RCW 64.35.505
;
(s) Originals or copies of all other contracts to which the association is a party; and
(t) Originals or copies of the most recent reserve study prepared pursuant to RCW 64.90.545, if one exists.
(2) No later than 60 days following the transition meeting, the board must retain the services of a certified public accountant to audit the records of the association as of the date of the transition meeting in accordance with generally accepted auditing standards unless the unit owners, other than the declarant, to which a majority of the votes are allocated elect to waive the audit. The cost of the audit must be a common expense unless otherwise provided in the declaration. The accountant performing the audit must 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.
[
2025 c 119 s 14
;
2024 c 321 s 314
;
2018 c 277 s 305
.]
RCW 64.90.425
Transfer of special declarant rights.
(1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Involuntary transfer" means a transfer by foreclosure of a mortgage, deed in lieu of foreclosure, tax sale, judicial sale, or sale in a bankruptcy or receivership proceeding of real estate owned by a declarant.
(b) "Nonaffiliate successor" means a person that succeeds to a special declarant right and is not an affiliate of the declarant that transferred the special declarant right to the person.
(2) A special declarant right is an interest in real estate. The interest is appurtenant to:
(a) All units owned by the declarant; and
(b) Real estate that is subject to a development right.
(3) A declarant that no longer owns a unit or a development right ceases to have any special declarant rights.
(4) A declarant may voluntarily transfer part or all of a special declarant right only by an instrument that describes the special declarant right being transferred. The transfer becomes effective when recorded in every county in which any portion of the common interest community is located.
(5) Except as otherwise provided in subsection (8), (9), (11), or (12) of this section, a successor to a special declarant right is subject to all obligations and liabilities imposed on the transferor by this chapter or the declaration.
(6) If a declarant transfers a special declarant right to an affiliate of the declarant, the transferor and the successor are jointly and severally liable for all obligations and liabilities imposed on either person by this chapter or the declaration. Lack of privity does not deprive a unit owner of standing to maintain an action to enforce any obligation or liability of the transferor or successor.
(7) A declarant that transfers a special declarant right to a nonaffiliate successor:
(a) Remains liable for an obligation or liability imposed by this chapter or the declaration, including a warranty obligation, that arose before the transfer; and
(b) Is not liable for an obligation or liability imposed on the successor by this chapter or the declaration that arose after the transfer.
(8) A nonaffiliate successor that succeeds to fewer than all special declarant rights held by the transferor is not subject to an obligation or liability that relates to a special declarant right not transferred to the successor.
(9) A nonaffiliate successor is not liable for an obligation or liability imposed by this chapter or the declaration that relates to:
(a) A misrepresentation by a previous declarant;
(b) A warranty obligation on an improvement made by a previous declarant or before the common interest community was created;
(c) Breach of a fiduciary obligation by a previous declarant or the previous declarant's appointees to the board; or
(d) An obligation or liability imposed on the transferor as a result of the transferor's act or omission after the transfer.
(10) If an involuntary transfer includes a special declarant right, the transferee may elect to acquire or reject the special declarant right. A transferee that elects to acquire the special declarant right is a successor declarant. The election is effective only if the judgment or instrument conveying title describes the special declarant right. If the judgment or instrument does not describe the special declarant right, the transferee will be presumed to have elected to accept the special declarant right.
(11) A successor to a special declarant right by an involuntary transfer may declare in a recorded instrument the successor's intent to hold the right solely for transfer to another person. After recording the instrument, the successor may not exercise a special declarant right, other than a right under RCW 64.90.415
(1)(a) to control the board, and an attempt to exercise a special declarant right in violation of this subsection is void. A successor that complies with this subsection is not liable for an obligation or liability imposed by this chapter or the declaration other than liability for the successor's act or omission under RCW 64.90.415
(1)(a).
(12) This section does not subject a successor to a special declarant right to a claim against or obligation of a transferor, other than a claim or obligation imposed by this chapter or the declaration.
[
2024 c 321 s 315
;
2018 c 277 s 306
.]
RCW 64.90.430
Contracts and leases
—
Termination.
(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.
[
2018 c 277 s 307
.]
RCW 64.90.435
Organizational documents.
(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.
[
2025 c 119 s 15
;
2018 c 277 s 308
.]
RCW 64.90.440
Maintenance, repair, replacement
—
Liability of unit owner
—
Inspection.
(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.
[
2018 c 277 s 309
.]
RCW 64.90.445
Meetings.
(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.
[
2025 c 119 s 16
;
2024 c 321 s 316
;
2021 c 227 s 13
;
2019 c 238 s 210
;
2018 c 277 s 310
.]
RCW 64.90.450
Quorum.
(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.
[
2024 c 321 s 206
;
2018 c 277 s 311
.]
RCW 64.90.455
Unit owner voting.
(1) Unit owners may vote at a meeting under subsection (2) or (3) of this section or, when a vote is conducted without a meeting, by ballot in the manner provided in subsection (4) of this section.
(2) At a meeting of unit owners the following requirements apply:
(a) Unless the declaration or bylaws otherwise provide, and except as provided in subsection (9) of this section, unit owners or their proxy holders may vote by voice vote, show of hands, standing, written ballot, or any other method authorized at the meeting.
(b) If unit owners attend the meeting by a means of communication under RCW 64.90.445
(1) (e) or (f), the association shall implement reasonable measures to verify the identity of each unit owner attending remotely.
(c) Whenever proposals or board members are to be voted upon at a meeting, a unit owner may vote by duly executed absentee ballot if:
(i) The name of each candidate and the text of each proposal to be voted upon are set forth in a writing accompanying or contained in the notice of meeting; and
(ii) A ballot is provided by the association for such purpose. Any ballot provided by the association for election of board members by the unit owners must designate a blank space for unit owners to cast a vote for one or more candidates.
(d) When a unit owner votes by absentee ballot under (c) of this subsection, the association must be able to verify that the ballot is cast by the unit owner having the right to do so.
(3) Unless the declaration or organizational documents otherwise provide, unit owners may vote by proxy subject to the following requirements:
(a) Votes allocated to a unit may be cast pursuant to a directed or undirected proxy duly executed by a unit owner in the same manner as provided in RCW 24.06.110
.
(b) When a unit owner votes by proxy, the association shall implement reasonable measures to verify the identity of the unit owner and the proxy holder.
(c) A unit owner may revoke a proxy given pursuant to this section only by actual notice of revocation to the secretary or the person presiding over a meeting of the association or by delivery of a subsequent proxy. The death or disability of a unit owner does not revoke a proxy given by the unit owner unless the person presiding over the meeting has actual notice of the death or disability.
(d) A proxy is void if it is not dated or purports to be revocable without notice.
(e) Unless stated otherwise in the proxy, a proxy terminates 11 months after its date of issuance.
(4) Unless the declaration or organizational documents otherwise provide, an association may conduct a vote without a meeting. The following requirements apply:
(a) The association must notify the unit owners that the vote will be taken by ballot without a meeting.
(b) The notice under (a) of this subsection must state:
(i) The time and date by which a ballot must be delivered to the association to be counted, which may not be fewer than 14 days after the date of the notice, and which deadline may be extended in accordance with (g) of this subsection;
(ii) The percent of votes necessary to approve each matter other than election of board members; and
(iii) The time, date, and manner by which unit owners wishing to deliver information to all unit owners regarding the subject of the vote may do so.
(c) The association must deliver with the notice under (a) of this subsection:
(i) Instructions for casting a ballot;
(ii) A ballot in a tangible medium to every unit owner except a unit owner that has consented in a record to electronic voting; and
(iii) If the association allows electronic voting, instructions for electronic voting.
(d) The ballot must set forth each proposed action and provide an opportunity to vote for or against the action. Any ballot provided by the association for election of board members by the unit owners must designate a blank space for unit owners to cast a vote for one or more candidates.
(e) A unit owner may revoke a ballot cast pursuant to this section before the date and time under (b) of this subsection by which the ballot must be delivered to the association only by actual notice to the association of revocation. The death or disability of a unit owner does not revoke a ballot unless the association has actual notice of the death or disability prior to the date set forth in (b)(i) of this subsection.
(f) Approval by ballot pursuant to this subsection is valid only if the number of votes cast by ballot equals or exceeds the quorum required to be present at a meeting authorizing the action.
(g) If the association does not receive a sufficient number of votes to constitute a quorum or to approve the proposal by the date and time established for return of ballots, the board may extend the deadline for a reasonable period not to exceed 11 months upon further notice to all members in accordance with (b) of this subsection. In that event, all votes previously cast on the proposal must be counted unless subsequently revoked as provided in this section.
(h) A ballot or revocation is not effective until received by the association.
(i) The association must give notice to unit owners of any action taken pursuant to this subsection within a reasonable time after the action is taken.
(j) When an action is taken pursuant to this subsection, a record of the action, including the ballots or a report of the persons appointed to tabulate such ballots, must be kept with the minutes of meetings of the association.
(k) The association shall implement reasonable measures to verify that each ballot in a tangible medium and electronic ballot is cast by the unit owner having a right to do so.
(l) A unit owner consents to electronic voting by delivering to the association a record indicating such consent or by casting an electronic ballot.
(m) An association that allows electronic ballots shall create a record of electronic votes capable of retention, retrieval, and review.
(5) If the governing documents require that votes on specified matters affecting the common interest community be cast by lessees rather than unit owners of leased units:
(a) This section applies to lessees as if they were unit owners;
(b) Unit owners that have leased their units to other persons may not cast votes on those specified matters; and
(c) Lessees are entitled to notice of meetings, access to records, and other rights respecting those matters as if they were unit owners.
(6) Unit owners must also be given notice of all meetings at which lessees may be entitled to vote.
(7) In any vote of the unit owners, votes allocated to a unit owned by the association must be cast in the same proportion as the votes cast on the matter by unit owners other than the association.
(8)(a) Unless a different number or fraction of the votes in an association is required by this chapter or the declaration, a majority of the votes cast determines the outcome of a vote taken at a meeting or without a meeting.
(b) If a unit is owned by more than one person and:
(i) Only one owner casts a vote, that vote must be counted as casting all votes allocated to the unit by the declaration; and
(ii) More than one owner casts a vote for the unit, no vote from any owner of the unit may be counted unless the declaration provides a manner for allocating votes cast by multiple owners of a unit.
(9)(a) Notwithstanding any other law or provision of the governing documents, the following votes of unit owners shall be conducted by secret ballot:
(i) Election of board members;
(ii) Removal of board members or, if the declaration or organizational documents provide for the election of officers by the unit owners, the removal of officers; or
(iii) Amendments to the governing documents.
(b) At a meeting of unit owners held pursuant to this section, the secret ballots physically received by the association must be opened and counted and the results of the secret ballots received by the association by electronic means must be reviewed, announced, and recorded in the meeting minutes. A quorum is not required to be present when the secret ballots physically received by the association are opened and counted or the results of the secret ballots received by the association by electronic means are reviewed, announced, and recorded in the meeting minutes.
(c) The incumbent members of the board and each person whose name is placed on the ballot as a candidate for membership on the board may not possess, be given access to, or participate in the opening or counting of the secret ballots that the association physically receives, or the collection of data regarding the secret ballots that the association receives by electronic means, before those secret ballots have been opened and counted or reviewed, announced, and recorded in the meeting minutes, as applicable, at a meeting of the association.
[
2025 c 119 s 17
;
2024 c 321 s 317
;
2018 c 277 s 312
.]
RCW 64.90.460
Liability
—
Tolling.
(1) A unit owner is not liable, solely by reason of being a unit owner, for an injury or damage arising out of the condition or use of the common elements. Neither the association nor any unit owner except the declarant is liable for that declarant's torts in connection with any part of the common interest community which that declarant must maintain.
(2)(a) An action alleging a wrong done by the association, including an action arising out of the condition or use of the common elements, may be maintained only against the association and not against any unit owner.
(b) If the wrong 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 for (i) all tort losses not covered by insurance suffered by the association or that unit owner and (ii) all costs that the association would not have incurred but for a breach of contract or other wrongful act or omission by the association.
(c) If a declarant is liable to an association under this section, the declarant is also liable for all expenses of litigation, including reasonable attorneys' fees and costs, incurred by the association.
(3)(a) Except as provided in RCW 64.90.680
with respect to warranty claims, any statute of limitation affecting the association's right of action against a declarant under this chapter is tolled until any period of declarant control terminates.
(b) A unit owner is not precluded from maintaining an action contemplated under this section because that person is a unit owner, board member, or officer of the association. Liens resulting from judgments against the association are governed under RCW 64.90.490
.
[
2018 c 277 s 313
.]
RCW 64.90.465
Conveyance or encumbrance of common elements.
(1)(a) In a common interest community other than a cooperative, portions of the common elements may be conveyed or subjected to a security interest by the association if unit owners entitled to cast at least eighty percent of the votes in the association, including eighty percent of the votes allocated to units not owned by a declarant, or any larger percentage the declaration specifies, agree to that action; but all unit owners of units to which any limited common element is allocated must agree to convey that limited common element or subject it to a security interest. The declaration may specify a smaller percentage only if all of the units are restricted exclusively to nonresidential uses.
(b) Proceeds of the sale or a loan are an asset of the association, but the proceeds of the sale of limited common elements must be distributed equitably among the unit owners of units to which the limited common elements were allocated. This subsection (1) does not apply to the incorporation of common elements into units as a result of relocating unit boundaries pursuant to RCW 64.90.260, to subdividing or combining units pursuant to RCW 64.90.265, or to eminent domain proceedings pursuant to RCW 64.90.030
.
(2)(a) Part of a cooperative may be conveyed and all or part of a cooperative may be subjected to a security interest by the association if unit owners entitled to cast at least eighty percent of the votes in the association, including eighty percent of the votes allocated to units not owned by a declarant, or any larger percentage the declaration specifies, agree to that action; but, if fewer than all of the units or limited common elements are to be conveyed or subjected to a security interest, all unit owners of those units, or the units to which those limited common elements are allocated, must agree to convey those units or limited common elements or subject them to a security interest. The declaration may specify a smaller percentage only if all of the units are restricted exclusively to nonresidential uses.
(b) Proceeds of the sale or a loan are an asset of the association. Any purported conveyance or other voluntary transfer of an entire cooperative, unless made pursuant to RCW 64.90.290, is void. This subsection (2) does not apply to the incorporation of common elements into units as a result of relocating unit boundaries pursuant to RCW 64.90.260, to subdividing or combining units pursuant to RCW 64.90.265, or to eminent domain proceedings pursuant to RCW 64.90.030
.
(3) An agreement to convey common elements in a common interest community other than a cooperative, or to subject them to a security interest, or in a cooperative, an agreement to convey any part of a cooperative or subject it to a security interest, must be evidenced by the execution of an agreement, or ratifications of an agreement, in the same manner as a deed, by the requisite number of unit owners. The agreement must specify a date after which the agreement will be void unless recorded before that date. The agreement and all ratifications of the agreement must be recorded in every county in which a portion of the common interest community is situated and is effective only upon recordation.
(4) The association, on behalf of the unit owners, may contract to convey or dedicate an interest in a common interest community pursuant to subsection (1) of this section, but the contract is not enforceable against the association until approved pursuant to subsection (1), (2), or (3) of this section. Thereafter, the association has all powers necessary and appropriate to effect the conveyance or encumbrance, including the power to execute deeds or other instruments.
(5) Unless made pursuant to this section, any purported conveyance, encumbrance, judicial sale, or other voluntary transfer of common elements or of any other part of a cooperative is void.
(6) A conveyance or encumbrance of common elements or of a cooperative pursuant to this section does not deprive any unit of its rights of access and support.
(7) Unless the declaration requires a higher percentage, if the consent of eligible mortgagees holding security interests on at least eighty percent of the units subject to security interests held by eligible mortgagees on the day the unit owners' agreement under subsection (3) of this section is recorded, is obtained:
(a) A conveyance of common elements pursuant to this section terminates both the undivided interests in those common elements allocated to the units and the security interests in those undivided interests held by all persons holding security interests in the units; and
(b) An encumbrance of common elements pursuant to this section has priority over all preexisting encumbrances on the undivided interests in those common elements held by all persons holding security interests in the units.
(8) The consents of eligible mortgagees, or a certificate of the secretary affirming that the requisite percentage of eligible mortgagees have consented, may be recorded at any time before the date on which the agreement under subsection (3) of this section becomes void. Such consents or certificates recorded are valid from the date they are recorded for purposes of calculating the percentage of consenting eligible mortgagees, regardless of later conveyance or encumbrances on those units. If the required percentage of eligible mortgagees consent, a conveyance or encumbrance of common elements does not affect interests having priority over the declaration or created by the association after the declaration was recorded.
(9) In a cooperative, the association may acquire, hold, encumber, or convey a proprietary lease without complying with this section.
[
2018 c 277 s 314
.]
RCW 64.90.470
Insurance.
(1) Commencing not later than the time of the first conveyance of a unit to a person other than a declarant, the association must maintain in its own name, to the extent reasonably available and subject to reasonable deductibles:
(a) Property insurance on the common elements and, in a plat community or miscellaneous community, also on property that must become common elements, insuring against risks of direct physical loss commonly insured against, which insurance, after application of any deductibles, must be not less than eighty percent of the actual cash value of the insured property at the time the insurance is purchased and at each renewal date, exclusive of land, excavations, foundations, and other items normally excluded from property policies;
(b) Commercial general liability insurance, including medical payments insurance, in an amount determined by the board, but not less than any amount specified in the declaration, covering all occurrences commonly insured against for bodily injury and property damage arising out of or in connection with the use, ownership, or maintenance of the common elements and, in cooperatives, of all units;
(c) Fidelity insurance; and
(d) Other insurance required under the declaration.
(2) In the case of a building that contains units divided by horizontal boundaries described in the declaration, or vertical boundaries that comprise common walls between units, the insurance maintained under subsection (1)(a) of this section, to the extent reasonably available, must include the units and, unless provided otherwise in the declaration, all improvements and betterments to the units.
(3) If the insurance described in subsections (1) and (2) of this section is not reasonably available, the association must promptly cause notice of that fact to be given to all unit owners. The association may carry any other insurance it considers appropriate to protect the association or the unit owners.
(4) Insurance policies carried pursuant to subsections (1) and (2) of this section must provide that:
(a) Each unit owner is an insured person under the policy with respect to liability arising out of the unit owner's interest in the common elements or membership in the association;
(b) The insurer waives its right to subrogation under the policy against any unit owner or member of the unit owner's household;
(c) Any act or omission by a unit owner, unless acting within the unit owner's scope of authority on behalf of the association, does not void the policy and is not a condition to recovery under the policy; and
(d) If, at the time of a loss under the policy, there is other insurance in the name of a unit owner covering the same risk covered by the policy, the association's policy provides primary insurance.
(5) Any loss covered by the property insurance policy under subsection (1)(a) and (b) of this section must be adjusted with the association, but the insurance proceeds for that loss are payable to any insurance trustee designated for that purpose, or otherwise to the association, and not to any holder of a security interest. The insurance trustee or the association must hold any insurance proceeds in trust for the association, unit owners, and lienholders as their interests may appear. Subject to subsection (8) of this section, the proceeds must be disbursed first for the repair or replacement of the damaged property, and the association, unit owners, and lienholders are not entitled to receive payment of any portion of the proceeds unless there is a surplus of proceeds after the property has been completely repaired or replaced, or the common interest community is terminated.
(6) An insurance policy issued to the association does not prevent a unit owner from obtaining insurance for the unit owner's own benefit.
(7) An insurer that has issued an insurance policy under this section must issue certificates or memoranda of insurance to the association and, upon a request made in a record, to any unit owner or holder of a security interest. The insurer issuing the policy may not modify the amount or the extent of the coverage of the policy or cancel or refuse to renew the policy unless the insurer has complied with all applicable provisions of chapter
48.18
RCW pertaining to the cancellation or nonrenewal of contracts of insurance. The insurer may not modify the amount or the extent of the coverage of the policy or cancel or refuse to renew the policy without complying with this section.
(8) Any portion of the common interest community for which insurance is required under this section that is damaged or destroyed must be repaired or replaced promptly by the association unless:
(a) The common interest community is terminated, in which case RCW 64.90.290
applies;
(b) Repair or replacement would be illegal; or
(c) Eighty percent of the unit owners, including every unit owner of a unit or assigned limited common element that will not be rebuilt, vote not to rebuild.
(9) The cost of repair or replacement not paid from insurance proceeds is a common expense. If all of the damaged or destroyed portions of the common interest community are not repaired or replaced:
(a) The insurance proceeds attributable to the damaged common elements must be used to restore the damaged area to a condition compatible with the remainder of the common interest community; and
(b) Except to the extent that other persons will be distributees:
(i) The insurance proceeds attributable to units and limited common elements that are not repaired or replaced must be distributed to the unit owners of those units and the unit owners of the units to which those limited common elements were allocated, or to lienholders, as their interests may appear; and
(ii) The remainder of the proceeds must be distributed to all the unit owners or lienholders, as their interests may appear, as follows:
(A) In a condominium, in proportion to the common element interests of all the units; and
(B) In a cooperative, plat community, or miscellaneous community, in proportion to the common expense liabilities of all the units.
(10) If the unit owners vote not to rebuild any unit, that unit's allocated interests are automatically reallocated upon the vote as if the unit had been condemned under RCW 64.90.030, and the association promptly must prepare, execute, and record an amendment to the declaration reflecting the reallocations.
(11) The provisions of this section may be varied or waived as provided in the declaration if all units of a common interest community are restricted to nonresidential use.
[
2018 c 277 s 315
.]