RCW 64.34.399
Occupancy limits.
(Expires January 1, 2028.)
Except for occupancy limits on short-term rentals as defined in RCW 64.37.010
and any lawful limits on occupant load per square foot or generally applicable health and safety provisions as established by applicable building code, city ordinance, or county ordinance, a unit owners' association may not adopt or enforce a restriction, covenant, condition, bylaw, rule, regulation, provision of a governing document, or master deed provision that regulates or limits the number of unrelated persons that may occupy a unit.
[
2024 c 139 s 2
.]
NOTES:
Contingent expiration date
—
2024 c 139 ss 1-3:
See note following RCW 64.32.340
.
RCW 64.34.400
Applicability
—
Waiver.
(Effective until January 1, 2028.)
(1) This article applies to all units subject to this chapter, except as provided in subsection (2) of this section and unless and to the extent otherwise agreed to in writing by the seller and purchasers of those units that are restricted to nonresidential use in the declaration.
(2) This article shall not apply in the case of:
(a) A conveyance by gift, devise, or descent;
(b) A conveyance pursuant to court order;
(c) A disposition by a government or governmental agency;
(d) A conveyance by foreclosure;
(e) A disposition of all of the units in a condominium in a single transaction;
(f) A disposition to other than a purchaser as defined in RCW 64.34.020
(32); or
(g) A disposition that may be canceled at any time and for any reason by the purchaser without penalty.
[
2025 c 58 s 2037
;
1992 c 220 s 20
;
1990 c 166 s 9
; 1989 c 43 s 4-101.]
NOTES:
Expiration date
—
2025 c 58 ss 2034-2037:
See note following RCW 64.34.216
.
Explanatory note
—
2025 c 58:
See note following RCW 1.16.050
.
Effective date
—
1990 c 166:
See note following RCW 64.34.020
.
RCW 64.34.405
Public offering statement
—
Requirements
—
Liability.
(Effective until January 1, 2028.)
(1) Except as provided in subsection (2) of this section or when no public offering statement is required, a declarant shall prepare a public offering statement conforming to the requirements of RCW 64.34.410
and
64.34.415
.
(2) A declarant may transfer responsibility for preparation of all or a part of the public offering statement to a successor declarant pursuant to RCW 64.34.316
or to a dealer who intends to offer units in the condominium for the person's own account.
(3) Any declarant or dealer who offers a unit for the person's own account to a purchaser shall deliver a public offering statement in the manner prescribed in RCW 64.34.420
(1). Any agent, attorney, or other person assisting the declarant or dealer in preparing the public offering statement may rely upon information provided by the declarant or dealer without independent investigation. The agent, attorney, or other person shall not be liable for any material misrepresentation in or omissions of material facts from the public offering statement unless the person had actual knowledge of the misrepresentation or omission at the time the public offering statement was prepared. The declarant or dealer shall be liable for any misrepresentation contained in the public offering statement or for any omission of material fact therefrom if the declarant or dealer had actual knowledge of the misrepresentation or omission or, in the exercise of reasonable care, should have known of the misrepresentation or omission.
(4) If a unit is part of a condominium and is part of another real property regime in connection with the sale of which the delivery of a public offering statement is required under the laws of this state, a single public offering statement, conforming to the requirements of RCW 64.34.410
and
64.34.415
as those requirements relate to all real property regimes in which the unit is located and conforming to any other requirements imposed under the laws of this state, may be prepared and delivered in lieu of providing two or more public offering statements.
[1989 c 43 s 4-102.]
RCW 64.34.410
Public offering statement
—
General provisions.
(Effective until January 1, 2028.)
(1) A public offering statement shall contain the following information:
(a) The name and address of the condominium;
(b) The name and address of the declarant;
(c) The name and address of the management company, if any;
(d) The relationship of the management company to the declarant, if any;
(e) A list of up to the five most recent condominium projects completed by the declarant or an affiliate of the declarant within the past five years, including the names of the condominiums, their addresses, and the number of existing units in each. For the purpose of this section, a condominium is "completed" when any one unit therein has been rented or sold;
(f) The nature of the interest being offered for sale;
(g) A brief description of the permitted uses and use restrictions pertaining to the units and the common elements;
(h) A brief description of the restrictions, if any, on the renting or leasing of units by the declarant or other unit owners, together with the rights, if any, of the declarant to rent or lease at least a majority of units;
(i) The number of existing units in the condominium and the maximum number of units that may be added to the condominium;
(j) A list of the principal common amenities in the condominium which materially affect the value of the condominium and those that will or may be added to the condominium;
(k) A list of the limited common elements assigned to the units being offered for sale;
(l) The identification of any real property not in the condominium, the owner of which has access to any of the common elements, and a description of the terms of such access;
(m) The identification of any real property not in the condominium to which unit owners have access and a description of the terms of such access;
(n) The status of construction of the units and common elements, including estimated dates of completion if not completed;
(o) The estimated current common expense liability for the units being offered;
(p) An estimate of any payment with respect to the common expense liability for the units being offered which will be due at closing;
(q) The estimated current amount and purpose of any fees not included in the common expenses and charged by the declarant or the association for the use of any of the common elements;
(r) Any assessments which have been agreed to or are known to the declarant and which, if not paid, may constitute a lien against any units or common elements in favor of any governmental agency;
(s) The identification of any parts of the condominium, other than the units, which any individual owner will have the responsibility for maintaining;
(t) If the condominium involves a conversion condominium, the information required by RCW 64.34.415
;
(u) Whether timesharing is restricted or prohibited, and if restricted, a general description of such restrictions;
(v) A list of all development rights reserved to the declarant and all special declarant rights reserved to the declarant, together with the dates such rights must terminate, and a copy of or reference by recording number to any recorded transfer of a special declarant right;
(w) A description of any material differences in terms of furnishings, fixtures, finishes, and equipment between any model unit available to the purchaser at the time the agreement for sale is executed and the unit being offered;
(x) Any liens on real property to be conveyed to the association required to be disclosed pursuant to RCW 64.34.435
(2)(b);
(y) A list of any physical hazards known to the declarant which particularly affect the condominium or the immediate vicinity in which the condominium is located and which are not readily ascertainable by the purchaser;
(z) A brief description of any construction warranties to be provided to the purchaser;
(aa) Any building code violation citations received by the declarant in connection with the condominium which have not been corrected;
(bb) A statement of any unsatisfied judgments or pending suits against the association, a statement of the status of any pending suits material to the condominium of which the declarant has actual knowledge, and a statement of any litigation brought by an owners' association, unit owner, or governmental entity in which the declarant or any affiliate of the declarant has been a defendant, arising out of the construction, sale, or administration of any condominium within the previous five years, together with the results thereof, if known;
(cc) Any rights of first refusal to lease or purchase any unit or any of the common elements;
(dd) The extent to which the insurance provided by the association covers furnishings, fixtures, and equipment located in the unit;
(ee) A notice which describes a purchaser's right to cancel the purchase agreement or extend the closing under RCW 64.34.420, including applicable time frames and procedures;
(ff) Any reports or statements required by RCW 64.34.415
or
64.34.440
(6)(a). RCW 64.34.415
shall apply to the public offering statement of a condominium in connection with which a final certificate of occupancy was issued more than sixty calendar months prior to the preparation of the public offering statement whether or not the condominium is a conversion condominium as defined in *RCW 64.34.020
(11);
(gg) A list of the documents which the prospective purchaser is entitled to receive from the declarant before the rescission period commences;
(hh) A notice which states: A purchaser may not rely on any representation or express warranty unless it is contained in the public offering statement or made in writing signed by the declarant or by any person identified in the public offering statement as the declarant's agent;
(ii) A notice which states: This public offering statement is only a summary of some of the significant aspects of purchasing a unit in this condominium and the condominium documents are complex, contain other important information, and create binding legal obligations. You should consider seeking the assistance of legal counsel;
(jj) Any other information and cross-references which the declarant believes will be helpful in describing the condominium to the recipients of the public offering statement, all of which may be included or not included at the option of the declarant;
(kk) A notice that addresses compliance or noncompliance with the housing for older persons act of 1995, P.L. 104-76, as enacted on December 28, 1995;
(ll) A notice that is substantially in the form required by RCW 64.50.050
;
(mm) A statement, as required by RCW 64.35.210, as to whether the units or common elements of the condominium are covered by a qualified warranty, and a history of claims under any such warranty;
(nn) A statement that the building enclosure has been designed and inspected as required by RCW 64.55.010
through
64.55.090, and, if required, repaired in accordance with the requirements of RCW 64.55.090
; and
(oo) If the association does not have a reserve study that has been prepared in accordance with RCW 64.34.380
and
64.34.382
or its governing documents, the following disclosure:
"This association does not have a current reserve study. The lack of a current reserve study poses certain risks to you, the purchaser. Insufficient reserves may, under some circumstances, require you to pay on demand as a special assessment your share of common expenses for the cost of major maintenance, repair, or replacement of a common element."
(2) The public offering statement shall include copies of each of the following documents: The declaration, the survey map and plans, the articles of incorporation of the association, bylaws of the association, rules and regulations, if any, current or proposed budget for the association, the balance sheet of the association current within ninety days if assessments have been collected for ninety days or more, the association's current reserve study, if any, and the inspection and repair report or reports prepared in accordance with the requirements of RCW 64.55.090
.
If any of the foregoing documents listed in this subsection are not available because they have not been executed, adopted, or recorded, drafts of such documents shall be provided with the public offering statement, and, before closing the sale of a unit, the purchaser shall be given copies of any material changes between the draft of the proposed documents and the final documents.
(3) The disclosures required by subsection (1)(g), (k), (s), (u), (v), and (cc) of this section shall also contain a reference to specific sections in the condominium documents which further explain the information disclosed.
(4) The disclosures required by subsection (1)(ee), (hh), (ii), and (ll) of this section shall be located at the top of the first page of the public offering statement and be typed or printed in ten-point boldface type size.
(5) A declarant shall promptly amend the public offering statement to reflect any material change in the information required by this section.
[
2008 c 115 s 10
;
2005 c 456 s 19
;
2004 c 201 s 11
;
2002 c 323 s 10
;
1997 c 400 s 1
;
1992 c 220 s 21
; 1989 c 43 s 4-103.]
NOTES:
*Reviser's note:
RCW 64.34.020
was alphabetized pursuant to RCW 1.08.015
(2)(k), changing subsection (11) to subsection (12), effective January 1, 2012.
Effective date
—
2005 c 456:
See RCW 64.55.901
.
RCW 64.34.415
Public offering statement
—
Conversion condominiums.
(Effective until January 1, 2028.)
(1) The public offering statement of a conversion condominium shall contain, in addition to the information required by RCW 64.34.410
:
(a) Either a copy of a report prepared by an independent, licensed architect or engineer, or a statement by the declarant based on such report, which report or statement describes, to the extent reasonably ascertainable, the present condition of all structural components and mechanical and electrical installations material to the use and enjoyment of the condominium;
(b) A copy of the inspection and repair report prepared by an independent, licensed architect, engineer, or qualified building inspector in accordance with the requirements of RCW 64.55.090
;
(c) A statement by the declarant of the expected useful life of each item reported on in (a) of this subsection or a statement that no representations are made in that regard; and
(d) A list of any outstanding notices of uncured violations of building code or other municipal regulations, together with the estimated cost of curing those violations. Unless the purchaser waives in writing the curing of specific violations, the extent to which the declarant will cure such violations prior to the closing of the sale of a unit in the condominium shall be included.
(2) This section applies only to condominiums containing units that may be occupied for residential use.
[
2005 c 456 s 18
;
1992 c 220 s 22
;
1990 c 166 s 10
; 1989 c 43 s 4-104.]
NOTES:
Effective date
—
2005 c 456:
See RCW 64.55.901
.
Effective date
—
1990 c 166:
See note following RCW 64.34.020
.
RCW 64.34.417
Public offering statement
—
Use of single disclosure document.
(Effective until January 1, 2028.)
If a unit is offered for sale for which the delivery of a public offering statement or other disclosure document is required under the laws of any state or the United States, a single disclosure document conforming to the requirements of RCW 64.34.410
and
64.34.415
and conforming to any other requirement imposed under such laws, may be prepared and delivered in lieu of providing two or more disclosure documents.
[
1990 c 166 s 11
.]
NOTES:
Effective date
—
1990 c 166:
See note following RCW 64.34.020
.
RCW 64.34.418
Public offering statement
—
Contract of sale
—
Restriction on interest conveyed.
(Effective until January 1, 2028.)
In the case of a sale of a unit where delivery of a public offering statement is required, a contract of sale may be executed, but no interest in that unit may be conveyed until (1) the declaration and survey map and plans which create the condominium in which that unit is located are recorded pursuant to RCW 64.34.200
and
64.34.232
and (2) the unit is substantially completed and available for occupancy, unless the declarant and purchaser have otherwise specifically agreed in writing as to the extent to which the unit will not be substantially completed and available for occupancy at the time of conveyance.
[
1990 c 166 s 15
.]
NOTES:
Effective date
—
1990 c 166:
See note following RCW 64.34.020
.
RCW 64.34.420
Purchaser's right to cancel.
(Effective until January 1, 2028.)
(1) A person required to deliver a public offering statement pursuant to RCW 64.34.405
(3) shall provide a purchaser of a unit with a copy of the public offering statement and all material amendments thereto before conveyance of that unit. Unless a purchaser is given the public offering statement more than seven days before execution of a contract for the purchase of a unit, the purchaser, before conveyance, shall have the right to cancel the contract within seven days after first receiving the public offering statement and, if necessary to have seven days to review the public offering statement and cancel the contract, to extend the closing date for conveyance to a date not more than seven days after first receiving the public offering statement. The purchaser shall have no right to cancel the contract upon receipt of an amendment unless the purchaser would have that right under generally applicable legal principles.
(2) If a purchaser elects to cancel a contract pursuant to subsection (1) of this section, the purchaser may do so by hand-delivering notice thereof to the offeror or by mailing notice thereof by prepaid United States mail to the offeror or to his or her agent for service of process. Cancellation is without penalty, and all payments made by the purchaser before cancellation shall be refunded promptly.
(3) If a person required to deliver a public offering statement pursuant to RCW 64.34.405
(3) fails to provide a purchaser to whom a unit is conveyed with that public offering statement and all material amendments thereto as required by subsection (1) of this section, the purchaser is entitled to receive from that person an amount equal to the greater of (a) actual damages, or (b) ten percent of the sales price of the unit for a willful failure by the declarant or three percent of the sales price of the unit for any other failure. There shall be no liability for failure to deliver any amendment unless such failure would have entitled the purchaser under generally applicable legal principles to cancel the contract for the purchase of the unit had the undisclosed information been evident to the purchaser before the closing of the purchase.
[1989 c 43 s 4-106.]
RCW 64.34.425
Resale of unit.
(Effective until January 1, 2028.)
(1) Except in the case of a sale where delivery of a public offering statement is required, or unless exempt under RCW 64.34.400
(2), a unit owner shall furnish to a purchaser before execution of any contract for sale of a unit, or otherwise before conveyance, a resale certificate, signed by an officer or authorized agent of the association and based on the books and records of the association and the actual knowledge of the person signing the certificate, containing:
(a) A statement disclosing any right of first refusal or other restraint on the free alienability of the unit contained in the declaration;
(b) A statement setting forth the amount of the monthly common expense assessment and any unpaid common expense or special assessment currently due and payable from the selling unit owner and a statement of any special assessments that have been levied against the unit which have not been paid even though not yet due;
(c) A statement, which shall be current to within 45 days, of any common expenses or special assessments against any unit in the condominium that are past due over 30 days;
(d) A statement, which shall be current to within 45 days, of any obligation of the association which is past due over 30 days;
(e) A statement of any other fees payable by unit owners;
(f) A statement of any anticipated repair or replacement cost in excess of five percent of the annual budget of the association that has been approved by the board of directors;
(g) A statement of the amount of any reserves for repair or replacement and of any portions of those reserves currently designated by the association for any specified projects;
(h) The annual financial statement of the association, including the audit report if it has been prepared, for the year immediately preceding the current year;
(i) A balance sheet and a revenue and expense statement of the association prepared on an accrual basis, which shall be current to within 120 days;
(j) The current operating budget of the association;
(k) A statement of any unsatisfied judgments against the association and the status of any pending suits or legal proceedings in which the association is a plaintiff or defendant;
(l) A statement describing any insurance coverage provided for the benefit of unit owners;
(m) A statement as to whether there are any alterations or improvements to the unit or to the limited common elements assigned thereto that violate any provision of the declaration;
(n) A statement of the number of units, if any, still owned by the declarant, whether the declarant has transferred control of the association to the unit owners, and the date of such transfer;
(o) A statement as to whether there are any violations of the health or building codes with respect to the unit, the limited common elements assigned thereto, or any other portion of the condominium;
(p) A statement of the remaining term of any leasehold estate affecting the condominium and the provisions governing any extension or renewal thereof;
(q) A copy of the declaration, the bylaws, the rules or regulations of the association, the association's current reserve study, if any, and any other information reasonably requested by mortgagees of prospective purchasers of units. Information requested generally by the federal national mortgage association, the federal home loan bank board, the government national mortgage association, the veterans administration and the department of housing and urban development shall be deemed reasonable, provided such information is reasonably available to the association;
(r) A statement, as required by RCW 64.35.210, as to whether the units or common elements of the condominium are covered by a qualified warranty, and a history of claims under any such warranty;
(s) A statement describing any requirements related to electric vehicle charging stations located in the unit or the limited common elements assigned to the unit, including application status, insurance information, maintenance responsibilities, and any associated costs; and
(t) If the association does not have a reserve study that has been prepared in accordance with RCW 64.34.380
and
64.34.382
or its governing documents, the following disclosure:
"This association does not have a current reserve study. The lack of a current reserve study poses certain risks to you, the purchaser. Insufficient reserves may, under some circumstances, require you to pay on demand as a special assessment your share of common expenses for the cost of major maintenance, repair, or replacement of a common element."
(2) The association, within 10 days after a request by a unit owner, and subject to payment of any fee imposed pursuant to RCW 64.34.304
(1)(l), shall furnish a resale certificate signed by an officer or authorized agent of the association and containing the information necessary to enable the unit owner to comply with this section. For the purposes of this chapter, a reasonable charge for the preparation of a resale certificate may not exceed $275. The association may charge a unit owner a nominal fee for updating a resale certificate within six months of the unit owner's request. The unit owner shall also sign the certificate but the unit owner is not liable to the purchaser for any erroneous information provided by the association and included in the certificate unless and to the extent the unit owner had actual knowledge thereof.
(3) A purchaser is not liable for any unpaid assessment or fee against the unit as of the date of the certificate greater than the amount set forth in the certificate prepared by the association unless and to the extent such purchaser had actual knowledge thereof. A unit owner is not liable to a purchaser for the failure or delay of the association to provide the certificate in a timely manner, but the purchaser's contract is voidable by the purchaser until the certificate has been provided and for five days thereafter or until conveyance, whichever occurs first.
[
2022 c 27 s 5
;
2011 c 48 s 1
;
2008 c 115 s 11
;
2004 c 201 s 4
;
1992 c 220 s 23
;
1990 c 166 s 12
; 1989 c 43 s 4-107.]
NOTES:
Effective date
—
1990 c 166:
See note following RCW 64.34.020
.
RCW 64.34.435
Release of liens
—
Conveyance.
(Effective until January 1, 2028.)
(1) At the time of the first conveyance of each unit, every mortgage, lien, or other encumbrance affecting that unit and any other unit or units or real property, other than the percentage of undivided interest of that unit in the common elements, shall be paid and satisfied of record, or the unit being conveyed and its undivided interest in the common elements shall be released therefrom by partial release duly recorded or the purchaser of that unit shall receive title insurance from a licensed title insurance company against such mortgage, lien or other encumbrance. This subsection does not apply to any real property which a declarant has the right to withdraw.
(2) Before conveying real property to the association the declarant shall have that real property released from: (a) All liens the foreclosure of which would deprive unit owners of any right of access to or easement of support of their units; and (b) all other liens on that real property unless the public offering statement describes certain real property which may be conveyed subject to liens in specified amounts.
[1989 c 43 s 4-109.]
RCW 64.34.440
Conversion condominiums
—
Notice
—
Tenants
—
Relocation assistance.
(Effective until January 1, 2028.)
(1)(a) A declarant of a conversion condominium, and any dealer who intends to offer units in such a condominium, shall give each of the residential tenants and any residential subtenant in possession of a portion of a conversion condominium notice of the conversion and provide those persons with the public offering statement no later than 120 days before the tenants and any subtenant in possession are required to vacate. The notice must:
(i) Set forth generally the rights of tenants and subtenants under this section;
(ii) Be delivered pursuant to notice requirements set forth in RCW 59.12.040
;
(iii) Inform the residential tenants and subtenants about the resources and information available under the condominium conversion tenant-to-homeowner program created in RCW 43.180.245
; and
(iv) Expressly state whether there is a county or city relocation assistance program for tenants or subtenants of conversion condominiums in the jurisdiction in which the property is located. If the county or city does have a relocation assistance program, the following must also be included in the notice:
(A) A summary of the terms and conditions under which relocation assistance is paid; and
(B) Contact information for the city or county relocation assistance program, which must include, at a minimum, a telephone number of the city or county department that administers the relocation assistance program for conversion condominiums.
(b) No tenant or subtenant may be required to vacate upon less than 120 days' notice, except by reason of nonpayment of rent, waste, conduct that disturbs other tenants' peaceful enjoyment of the premises, or act of unlawful detainer as defined in RCW 59.12.030, and the terms of the tenancy may not be altered during that period except as provided in (c) of this subsection.
(c) At the declarant's option, the declarant may provide all tenants in a single building with an option to terminate their lease or rental agreements without cause or consequence after providing the declarant with 30 days' notice. In such case, tenants continue to have access to relocation assistance under subsection (6)(e) of this section.
(d) Nothing in this subsection shall be deemed to waive or repeal RCW 59.18.200
(2). Failure to give notice as required by this section is a defense to an action for possession.
(e) The city or county in which the property is located may require the declarant to forward a copy of the conversion notice required in (a) of this subsection to the appropriately designated department or agency in the city or county for the purpose of maintaining a list of conversion condominium projects proposed in the jurisdiction.
(2) For 60 days after delivery or mailing of the notice described in subsection (1) of this section, the person required to give the notice shall offer to convey each unit or proposed unit occupied for residential use to the tenant who leases that unit. If a tenant fails to purchase the unit during that 60-day period, the offeror may offer to dispose of an interest in that unit during the following 180 days at a price or on terms more favorable to the offeree than the price or terms offered to the tenant only if: (a) Such offeror, by written notice mailed to the tenant's last known address, offers to sell an interest in that unit at the more favorable price and terms, and (b) such tenant fails to accept such offer in writing within ten days following the mailing of the offer to the tenant. This subsection does not apply to any unit in a conversion condominium if that unit will be restricted exclusively to nonresidential use or the boundaries of the converted unit do not substantially conform to the dimensions of the residential unit before conversion.
(3) If a seller, in violation of subsection (2) of this section, conveys a unit to a purchaser for value who has no knowledge of the violation, recording of the deed conveying the unit extinguishes any right a tenant may have to purchase that unit but does not affect the right of a tenant to recover damages from the seller for a violation of subsection (2) of this section.
(4) If a notice of conversion specifies a date by which a unit or proposed unit must be vacated and otherwise complies with the provisions of this chapter and chapter
59.18
RCW, the notice also constitutes a notice to vacate specified by that statute.
(5) Nothing in this section permits termination of a lease by a declarant in violation of its terms.
(6) Notwithstanding RCW 64.34.050
(1), a city or county may by appropriate ordinance require with respect to any conversion condominium within the jurisdiction of such city or county that:
(a) In addition to the statement required by RCW 64.34.415
(1)(a), the public offering statement shall contain a copy of the written inspection report prepared by the appropriate department of such city or county, which report shall list any violations of the housing code or other governmental regulation, which code or regulation is applicable regardless of whether the real property is owned as a condominium or in some other form of ownership; said inspection shall be made within 45 days of the declarant's written request therefor and said report shall be issued within 14 days of said inspection being made. Such inspection may not be required with respect to any building for which a final certificate of occupancy has been issued by the city or county within the preceding 24 months; and any fee imposed for the making of such inspection may not exceed the fee that would be imposed for the making of such an inspection for a purpose other than complying with this subsection (6)(a);
(b) Prior to the conveyance of any residential unit within a conversion condominium, other than a conveyance to a declarant or affiliate of a declarant: (i) All violations disclosed in the inspection report provided for in (a) of this subsection, and not otherwise waived by such city or county, shall be repaired, and (ii) a certification shall be obtained from such city or county that such repairs have been made, which certification shall be based on a reinspection to be made within seven days of the declarant's written request therefor and which certification shall be issued within seven days of said reinspection being made;
(c) The repairs required to be made under (b) of this subsection shall be warranted by the declarant against defects due to workmanship or materials for a period of one year following the completion of such repairs;
(d) Prior to the conveyance of any residential unit within a conversion condominium, other than a conveyance to a declarant or affiliate of a declarant: (i) The declarant shall establish and maintain, during the one-year warranty period provided under (c) of this subsection, an account containing a sum equal to 10 percent of the actual cost of making the repairs required under (b) of this subsection; (ii) during the one-year warranty period, the funds in such account shall be used exclusively for paying the actual cost of making repairs required, or for otherwise satisfying claims made, under such warranty; (iii) following the expiration of the one-year warranty period, any funds remaining in such account shall be immediately disbursed to the declarant; and (iv) the declarant shall notify in writing the association and such city or county as to the location of such account and any disbursements therefrom;
(e)(i) A declarant shall pay relocation assistance, in an amount to be determined by the city or county, which may not exceed a sum equal to three months of the tenant's or subtenant's rent at the time the conversion notice required under subsection (1) of this section is received, to tenants and subtenants:
(A) Who do not elect to purchase a unit;
(B) Who are in lawful occupancy for residential purposes of a unit; and
(C) Whose annual household income from all sources, on the date of the notice described in subsection (1) of this section, was less than an amount equal to 80 percent of:
(I) The annual median income for comparably sized households in the standard metropolitan statistical area, as defined and established by the United States department of housing and urban development, in which the condominium is located; or
(II) If the condominium is not within a standard metropolitan statistical area, the annual median income for comparably sized households in the state of Washington, as defined and determined by said department.
The household size of a unit shall be based on the number of persons actually in lawful occupancy of the unit. The tenant or subtenant actually in lawful occupancy of the unit shall be entitled to the relocation assistance. Relocation assistance shall be paid on or before the date the tenant or subtenant vacates and shall be in addition to any damage deposit or other compensation or refund to which the tenant is otherwise entitled. Unpaid rent or other amounts owed by the tenant or subtenant to the landlord may be offset against the relocation assistance;
(ii) Elderly or special needs tenants who otherwise meet the requirements of (e)(i)(A) of this subsection shall receive relocation assistance, the greater of:
(A) The sum described in (e)(i) of this subsection; or
(B) The sum of actual relocation expenses of the tenant, up to a maximum of $1,500 in excess of the sum described in (e)(i) of this subsection, which may include costs associated with the physical move, first month's rent, and the security deposit for the dwelling unit to which the tenant is relocating, rent differentials for up to a six-month period, and any other reasonable costs or fees associated with the relocation. Receipts for relocation expenses must be provided to the declarant by eligible tenants, and declarants shall provide the relocation assistance to tenants in a timely manner. The city or county may provide additional guidelines for the relocation assistance;
(iii) For the purposes of this subsection (6)(e):
(A) "Special needs" means, but is not limited to, a chronic mental illness or physical disability, a developmental disability, or other condition affecting cognition, disease, chemical dependency, or a medical condition that is permanent, not reversible or curable, or is long lasting, and severely limits a person's mental or physical capacity for self-care; and
(B) "Elderly" means a person who is at least 65 years of age;
(f) Except as authorized under (g) of this subsection, a declarant and any dealer shall not begin any construction, remodeling, or repairs to any interior portion of an occupied building that is to be converted to a condominium during the 120-day notice period provided for in subsection (1) of this section unless all residential tenants and residential subtenants who have elected not to purchase a unit and who are in lawful occupancy in the building have vacated the premises. For the purposes of this subsection:
(i) "Construction, remodeling, or repairs" means the work that is done for the purpose of converting the condominium, not work that is done to maintain the building or lot for the residential use of the existing tenants or subtenants;
(ii) "Occupied building" means a stand-alone structure occupied by tenants and does not include other stand-alone buildings located on the property or detached common area facilities; and
(g)(i) If a declarant or dealer has offered existing tenants an option to terminate an existing lease or rental agreement without cause or consequence as authorized under subsection (1)(c) of this section, a declarant and any dealer may begin construction, remodeling, or repairs to interior portions of an occupied building (A) to repair or remodel vacant units to be used as model units, if the repair or remodel is limited to one model for each unit type in the building, (B) to repair or remodel a vacant unit or common area for use as a sales office, or (C) to do both.
(ii) The work performed under this subsection (6)(g) must not violate the tenant's or subtenant's rights of quiet enjoyment during the 120-day notice period.
(7) Violations of any city or county ordinance adopted as authorized by subsection (6) of this section shall give rise to such remedies, penalties, and causes of action which may be lawfully imposed by such city or county. Such violations shall not invalidate the creation of the condominium or the conveyance of any interest therein.
[
2022 c 165 s 5
;
2008 c 113 s 1
;
1992 c 220 s 25
;
1990 c 166 s 13
; 1989 c 43 s 4-110.]
NOTES:
Findings
—
Intent
—
2022 c 165:
See note following RCW 43.180.245
.
Application
—
2008 c 113:
"This act does not apply to any conversion condominiums for which a notice required under RCW 64.34.440
(1) has been delivered before August 1, 2008." [
2008 c 113 s 5
.]
Effective date
—
2008 c 113:
"This act takes effect August 1, 2008." [
2008 c 113 s 6
.]
Effective date
—
1990 c 166:
See note following RCW 64.34.020
.
RCW 64.34.442
Conversion condominium projects
—
Report.
(Effective until January 1, 2028.)
(1) All cities and counties planning under RCW 36.70A.040, which have allowed any conversion condominiums within the jurisdiction within the previous twelve-month period, must report annually to the department of commerce the following information:
(a) The total number of apartment units converted into condominiums;
(b) The total number of conversion condominium projects; and
(c) The total number of apartment tenants who receive relocation assistance.
(2) Upon completion of a conversion condominium project, a city or county may require the declarant to provide the information described in subsection (1) of this section to the appropriately designated department or agency in the city or county for the purpose of complying with subsection (1) of this section.
[
2023 c 470 s 2108
;
2008 c 113 s 3
.]
NOTES:
Explanatory statement
—
2023 c 470:
See note following RCW 10.99.030
.
Application
—
Effective date
—
2008 c 113:
See notes following RCW 64.34.440
.
RCW 64.34.443
Express warranties of quality.
(Effective until January 1, 2028.)
(1) Express warranties made by any seller to a purchaser of a unit, if relied upon by the purchaser, are created as follows:
(a) Any written affirmation of fact or promise which relates to the unit, its use, or rights appurtenant thereto, area improvements to the condominium that would directly benefit the unit, or the right to use or have the benefit of facilities not located in the condominium creates an express warranty that the unit and related rights and uses will conform to the affirmation or promise;
(b) Any model or written description of the physical characteristics of the condominium at the time the purchase agreement is executed, including plans and specifications of or for improvements, creates an express warranty that the condominium will conform to the model or description except pursuant to *RCW 64.34.410
(1)(v);
(c) Any written description of the quantity or extent of the real property comprising the condominium, including plats or surveys, creates an express warranty that the condominium will conform to the description, subject to customary tolerances; and
(d) A written provision that a buyer may put a unit only to a specified use is an express warranty that the specified use is lawful.
(2) Neither formal words, such as "warranty" or "guarantee," nor a specific intention to make a warranty are necessary to create an express warranty of quality, but a statement purporting to be merely an opinion or commendation of the real estate or its value does not create a warranty. A purchaser may not rely on any representation or express warranty unless it is contained in the public offering statement or made in writing signed by the declarant or declarant's agent identified in the public offering statement.
(3) Any conveyance of a unit transfers to the purchaser all express warranties of quality made by previous sellers.
[
1989 c 428 s 2
.]
NOTES:
*Reviser's note:
RCW 64.34.410
was amended by 1997 c 400 s 1, changing subsection (1)(v) to subsection (1)(w).
Captions
—
1989 c 428:
"Section captions as used in this act do not constitute any part of the law." [
1989 c 428 s 6
.]
Effective date
—
1989 c 428:
"*Sections 1 through 4 of this act shall take effect July 1, 1990." [
1989 c 428 s 7
.]
*Reviser's note:
Sections 1, 3, and 4 of this act were vetoed by the governor.
RCW 64.34.445
Implied warranties of quality
—
Breach.
(Effective until January 1, 2028.)
(1) A declarant and any dealer warrants that a unit will be in at least as good condition at the earlier of the time of the conveyance or delivery of possession as it was at the time of contracting, reasonable wear and tear and damage by casualty or condemnation excepted.
(2) A declarant and any dealer impliedly warrants that a unit and the common elements in the condominium are suitable for the ordinary uses of real estate of its type and that any improvements made or contracted for by such declarant or dealer will be:
(a) Free from defective materials;
(b) Constructed in accordance with sound engineering and construction standards;
(c) Constructed in a workmanlike manner; and
(d) Constructed in compliance with all laws then applicable to such improvements.
(3) A declarant and any dealer warrants to a purchaser of a unit that may be used for residential use that an existing use, continuation of which is contemplated by the parties, does not violate applicable law at the earlier of the time of conveyance or delivery of possession.
(4) Warranties imposed by this section may be excluded or modified as specified in RCW 64.34.450
.
(5) For purposes of this section, improvements made or contracted for by an affiliate of a declarant, as defined in RCW 64.34.020
(1), are made or contracted for by the declarant.
(6) Any conveyance of a unit transfers to the purchaser all of the declarant's implied warranties of quality.
(7) In a judicial proceeding for breach of any of the obligations arising under this section, the plaintiff must show that the alleged breach has adversely affected or will adversely affect the performance of that portion of the unit or common elements alleged to be in breach. As used in this subsection, an "adverse effect" must be more than technical and must be significant to a reasonable person. To establish an adverse effect, the person alleging the breach is not required to prove that the breach renders the unit or common element uninhabitable or unfit for its intended purpose.
(8) Proof of breach of any obligation arising under this section is not proof of damages. Damages awarded for a breach of an obligation arising under this section are the cost of repairs. However, if it is established that the cost of such repairs is clearly disproportionate to the loss in market value caused by the breach, then damages shall be limited to the loss in market value.
[
2004 c 201 s 5
;
1992 c 220 s 26
; 1989 c 43 s 4-112.]
NOTES:
Application
—
2004 c 201 ss 5 and 6:
"Sections 5 and 6 of this act apply only to condominiums created by declarations recorded on or after July 1, 2004." [
2004 c 201 s 12
.]
RCW 64.34.450
Implied warranties of quality
—
Exclusion
—
Modification
—
Disclaimer
—
Express written warranty.
(Effective until January 1, 2028.)
(1) For units intended for nonresidential use, implied warranties of quality:
(a) May be excluded or modified by written agreement of the parties; and
(b) Are excluded by written expression of disclaimer, such as "as is," "with all faults," or other language which in common understanding calls the buyer's attention to the exclusion of warranties.
(2) For units intended for residential use, no disclaimer of implied warranties of quality is effective, except that a declarant or dealer may disclaim liability in writing, in type that is boldfaced, capitalized, underlined, or otherwise set out from surrounding material so as to be conspicuous, and separately signed by the purchaser, for a specified defect or specified failure to comply with applicable law, if: (a) The declarant or dealer knows or has reason to know that the specific defect or failure exists at the time of disclosure; (b) the disclaimer specifically describes the defect or failure; and (c) the disclaimer includes a statement as to the effect of the defect or failure.
(3) A declarant or dealer may offer an express written warranty of quality only if the express written warranty does not reduce protections provided to the purchaser by the implied warranty set forth in RCW 64.34.445
.
[
2004 c 201 s 6
; 1989 c 43 s 4-113.]
NOTES:
Application
—
2004 c 201 ss 5 and 6:
See note following RCW 64.34.445
.
RCW 64.34.452
Warranties of quality
—
Breach
—
Actions for construction defect claims.
(Effective until January 1, 2028.)
(1) A judicial proceeding for breach of any obligations arising under RCW 64.34.443, 64.34.445, and
64.34.450
must be commenced within four years after the cause of action accrues: PROVIDED, That the period for commencing an action for a breach accruing pursuant to subsection (2)(b) of this section shall not expire prior to one year after termination of the period of declarant control, if any, under *RCW 64.34.308
(4). Such periods may not be reduced by either oral or written agreement, or through the use of contractual claims or notice procedures that require the filing or service of any claim or notice prior to the expiration of the period specified in this section.
(2) Subject to subsection (3) of this section, a cause of action or [for] breach of warranty of quality, regardless of the purchaser's lack of knowledge of the breach, accrues:
(a) As to a unit, the date the purchaser to whom the warranty is first made enters into possession if a possessory interest was conveyed or the date of acceptance of the instrument of conveyance if a nonpossessory interest was conveyed; and
(b) As to each common element, at the latest of (i) the date the first unit in the condominium was conveyed to a bona fide purchaser, (ii) the date the common element was completed, or (iii) the date the common element was added to the condominium.
(3) If a warranty of quality explicitly extends to future performance or duration of any improvement or component of the condominium, the cause of action accrues at the time the breach is discovered or at the end of the period for which the warranty explicitly extends, whichever is earlier.
(4) If a written notice of claim is served under RCW 64.50.020
within the time prescribed for the filing of an action under this chapter, the statutes of limitation in this chapter and any applicable statutes of repose for construction-related claims are tolled until sixty days after the period of time during which the filing of an action is barred under RCW 64.50.020
.
(5) Nothing in this section affects the time for filing a claim under chapter
64.35
RCW.
[
2004 c 201 s 7
;
2002 c 323 s 11
;
1990 c 166 s 14
.]
NOTES:
*Reviser's note:
RCW 64.34.308
was amended by 2011 c 189 s 2, changing subsection (4) to subsection (5), effective January 1, 2012.
Effective date
—
1990 c 166:
See note following RCW 64.34.020
.
RCW 64.34.455
Effect of violations on rights of action
—
Attorney's fees.
(Effective until January 1, 2028.)
If a declarant or any other person subject to this chapter fails to comply with any provision hereof or any provision of the declaration or bylaws, any person or class of persons adversely affected by the failure to comply has a claim for appropriate relief. The court, in an appropriate case, may award reasonable attorney's fees to the prevailing party.
[1989 c 43 s 4-115.]
RCW 64.34.460
Labeling of promotional material.
(Effective until January 1, 2028.)
If any improvement contemplated in a condominium is labeled "NEED NOT BE BUILT" on a survey map or plan, or is to be located within a portion of the condominium with respect to which the declarant has reserved a development right, no promotional material may be displayed or delivered to prospective purchasers which describes or portrays that improvement unless the description or portrayal of the improvement in the promotional material is conspicuously labeled or identified as "NEED NOT BE BUILT."
[1989 c 43 s 4-116.]
RCW 64.34.465
Improvements
—
Declarant's duties.
(Effective until January 1, 2028.)
(1) The declarant shall complete all improvements labeled "MUST BE BUILT" on survey maps or plans prepared pursuant to RCW 64.34.232
.
(2) The declarant is subject to liability for the prompt repair and restoration, to a condition compatible with the remainder of the condominium, of any portion of the condominium damaged by the exercise of rights reserved pursuant to or created by RCW 64.34.236, 64.34.240, 64.34.244, 64.34.248, 64.34.256, and
64.34.260
.
[1989 c 43 s 4-117.]
RCW 64.34.470
Conversion condominium notice.
(Effective until January 1, 2028.)
A declarant of a conversion condominium, and any dealer who intends to offer units in such a condominium, must provide a conversion condominium notice of the conversion to the Washington state housing finance commission no later than 120 days before the residential tenants and any residential subtenant in possession of a portion of a conversion condominium are required to vacate.
[
2022 c 165 s 3
.]
NOTES:
Findings
—
Intent
—
2022 c 165:
See note following RCW 43.180.245
.
RCW 64.34.500
Transit-oriented development restrictions.
(Expires January 1, 2028.)
(1) A declaration created after July 27, 2025, and applicable to an association located fully or partially within a station area as defined in RCW 36.70A.030
may not prohibit the construction or development of multifamily housing or transit-oriented development density that must be permitted by cities under RCW 36.70A.840
or require off-street parking inconsistent or in conflict with RCW 36.70A.842
.
(2) This section expires January 1, 2028.
[
2025 c 267 s 10
.]
NOTES:
Findings
—
2025 c 267:
See note following RCW 36.70A.840
.
RCW 64.34.900
Short title.
(Effective until January 1, 2028.)
This chapter shall be known and may be cited as the Washington condominium act or the condominium act.
[1989 c 43 s 1-101.]
RCW 64.34.910
Section captions.
(Effective until January 1, 2028.)
Section captions as used in this chapter do not constitute any part of the law.
[1989 c 43 s 4-119.]
RCW 64.34.930
Effective date
—
1989 c 43.
(Effective until January 1, 2028.)
This act shall take effect July 1, 1990.
[1989 c 43 s 4-124.]
RCW 64.34.931
Effective date
—
2004 c 201 ss 1-13.
(Effective until January 1, 2028.)
Sections 1 through 13 of this act take effect July 1, 2004.
[
2004 c 201 s 14
.]
RCW 64.34.940
Construction against implicit repeal.
(Effective until January 1, 2028.)
This chapter being a general act intended as a unified coverage of its subject matter, no part of it shall be construed to be impliedly repealed by subsequent legislation if that construction can reasonably be avoided.
[1989 c 43 s 1-109.]
RCW 64.34.950
Uniformity of application and construction.
(Effective until January 1, 2028.)
This chapter shall be applied and construed so as to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
[1989 c 43 s 1-110.]