RCW 64.90.660
Conversion buildings
—
Common interest community units
—
Report.
(1) All cities and counties planning under RCW 36.70A.040, which have inspected any conversion buildings or managed the payment of relocation assistance within the jurisdiction within the previous twelve-month period, must report annually to the department of commerce the following information:
(a) The total number of apartment units converted into common interest community units;
(b) The total number of conversion common interest community projects; and
(c) The total number of residential tenants and residential subtenants who receive relocation assistance.
(2) Upon completion of a conversion common interest community project, a city or county may require the declarant to provide the information described in subsection (1)(a) and (c) of this section for the converted common interest community to the appropriately designated department or agency in the city or county for the purpose of complying with subsection (1) of this section.
[
2018 c 277 s 413
.]
RCW 64.90.665
Express warranties.
(1) Subject to subsections (2) and (3) of this section, express warranties made by any declarant or dealer to a purchaser of a unit in a condominium, if relied upon by the purchaser in purchasing the unit, are created as follows:
(a) Any written affirmation of fact or written promise that relates to the unit, its use, or rights appurtenant to the unit or its use, 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 not materially deviate from the affirmation or promise.
(b) Any 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 written description in all material respects.
(c) Any written description of the quantity or extent of the real estate comprising the condominium, including plats or surveys, creates an express warranty that the condominium will conform to the description, subject to customary tolerances.
(d) A written statement that a purchaser may put a unit only to a specified use is an express warranty that the specified use is lawful.
(2) Subject to subsection (3) of this section, neither formal words, such as "warranty" or "guarantee," nor a specific intention to make a warranty are necessary to create an express warranty, but a statement of opinion or a commendation of the real estate, its quality, or its value does not create a warranty, and a statement, affirmation, promise, model, depiction, or description does not create a warranty if it discloses that it is only proposed, is not representative, or is subject to change.
(3) A purchaser may not rely on any statement, affirmation, promise, model, depiction, or description unless it is contained in the public offering statement delivered to the purchaser or made in a record signed by the declarant or dealer, or the declarant's or dealer's agent identified in the public offering statement.
(4) Any conveyance of a unit transfers to the purchaser all express warranties of quality made by the declarant or dealer.
[
2025 c 119 s 30
;
2018 c 277 s 414
.]
RCW 64.90.670
Implied warranties of quality.
(1) A declarant and any dealer warrants to a purchaser of a condominium unit that the unit will be in at least as good condition at the earlier of the time of the conveyance or delivery of possession as it was at the time of contracting, except for reasonable wear and tear and damage by casualty or condemnation.
(2)(a) If a condominium unit is part of a common interest community organized under this chapter and created prior to July 27, 2025, a declarant and any dealer impliedly warrants to a purchaser of the condominium unit that the unit and the common elements in the condominium are suitable for the ordinary uses of real estate of its type and that any improvements made or contracted for by such declarant or dealer will be:
(i) Free from defective materials;
(ii) Constructed in accordance with engineering and construction standards, including applicable building codes, generally accepted in the state of Washington at the time of construction; and
(iii) Constructed in a workmanlike manner.
(b) If a condominium unit is part of a common interest community created on or after July 27, 2025, a declarant and any dealer impliedly warrants to a purchaser of the condominium unit that the unit and the common elements in the condominium are suitable for the ordinary uses of real estate of its type and that any improvements made or contracted for by such declarant or dealer will be:
(i) Free from defective materials;
(ii) Constructed in accordance with the plans, specifications approved by the applicable jurisdiction for the construction of the condominium, manufacturer installation guidelines, applicable building codes in effect at the time of permit approval, and any published industry standards specifically incorporated into the applicable building codes in effect at the time of permit approval; and
(iii) Constructed in a workmanlike manner. For purposes of this subsection (2)(b)(iii), "workmanlike manner" means the degree of care that a reasonably prudent contractor licensed in the state of Washington would exercise under the same or similar circumstances.
(3) A declarant and any dealer warrants to a purchaser of a condominium unit that may be used for residential use that an existing use, continuation of which is contemplated by the parties, does not violate applicable law at the earlier of the time of conveyance or delivery of possession.
(4) Warranties imposed under this section may be excluded or modified as specified in RCW 64.90.675
.
(5) For purposes of this section, improvements made or contracted for by an affiliate of a declarant are made or contracted for by the declarant.
(6) Any conveyance of a condominium unit transfers to the purchaser all of a declarant's or dealer's implied warranties of quality.
(7)(a) In a proceeding for breach of any of the obligations arising under this section, the purchaser must show that the alleged breach has adversely affected or will adversely affect the performance of that portion of the unit or common elements alleged to be in breach. Nothing in this section limits the ability of a board to bring claims on behalf of two or more unit owners pursuant to RCW 64.90.405
(2)(d).
(b) To establish an adverse effect on performance, the purchaser is required to prove that the alleged breach:
(i) Is more than technical;
(ii) Is significant to a reasonable person; and
(iii) Has caused or will cause physical damage to the unit or common elements; has materially impaired the performance of mechanical, electrical, plumbing, elevator, or similar building equipment; or presents an actual, unreasonable safety risk to the occupants of the condominium.
(8) Proof of breach of any obligation arising under this section is not proof of damages. Damages awarded for a breach of a warranty arising under subsection (2) of this section are the reasonable cost of repairs. However, if it is established that the cost of such repairs is clearly disproportionate to the loss in market value caused by the breach, damages are limited to the loss in market value.
[
2025 c 201 s 1
;
2019 c 238 s 102
;
2018 c 277 s 415
.]
RCW 64.90.675
Implied warranties of quality
—
Exclusion or modification.
(1) Except as limited under subsections (2) and (4) of this section with respect to a purchaser of a condominium unit that may be used for residential use, implied warranties of quality under RCW 64.90.670
:
(a) May be excluded or modified by written agreement of the parties; and
(b) Are excluded by written expression of disclaimer, such as "as is," "with all faults," or other language that in common understanding calls the buyer's attention to the exclusion of warranties.
(2) With respect to a purchaser of a condominium unit that may be used for residential use, no disclaimer of implied warranties of quality under RCW 64.90.670
is effective, except that a declarant and any dealer may disclaim liability in an instrument for one or more specified defects or failures to comply with applicable law, if:
(a) The declarant or dealer knows or has reason to believe that the specific defects or failures exist at the time of disclosure;
(b) The disclaimer specifically describes the defects or failures;
(c) The disclaimer includes a statement as to the effect of the defects or failures;
(d) The disclaimer is boldfaced, capitalized, underlined, or otherwise set out from surrounding material so as to be conspicuous; and
(e) The disclaimer is signed by the purchaser.
(3) Except as provided in subsection (4) of this section, a declarant or dealer may not make an express written warranty of quality that limits the implied warranties of quality made to the purchaser set forth in RCW 64.90.670
.
(4)(a) With respect to a unit in a condominium created on or after July 27, 2025, a declarant or dealer is not subject to the implied warranties of quality set forth in RCW 64.90.670
if the declarant or dealer provides for the condominium unit an express warranty of quality and express warranty insurance coverage that meets the requirements in (b) of this subsection, and the condominium unit is:
(i) An accessory dwelling unit organized as a condominium pursuant to this chapter;
(ii) Located in a new building or a conversion building containing 12 or fewer units and two or fewer stories;
(iii) Located in a new building or a conversion building containing 12 or fewer units and three or fewer stories, if one story is utilized for parking, either above or below ground, or as a commercial space; or
(iv) Located in a new building or a conversion building containing 12 or fewer units where no unit is physically located above or below any other unit, except for balconies, roof decks, overhangs, and minor building features.
(b) An express warranty of quality and insurance coverage provided under (a) of this subsection must:
(i) Require acknowledgment by the unit purchaser that the express warranty of quality applies;
(ii) Allow for recovery of defects under the express warranty of quality by the unit owner and any subsequent purchaser, and by the unit owners association for common areas;
(iii) Apply to all condominium units and common areas within the building; and
(iv) Provide minimum coverage periods as follows:
(A) One year for defective workmanship and materials;
(B) Two years for defective plumbing, electrical, and ductwork distribution systems; and
(C) 10 years for structural defects to load-bearing structural members.
(c) A proceeding for breach of an express warranty of quality and insurance coverage provided under (a) of this subsection must be commenced pursuant to RCW 64.90.680
.
[
2025 c 201 s 4
;
2018 c 277 s 416
.]
RCW 64.90.680
Warranties of quality
—
Breach
—
Actions for construction defect claims.
(1) A proceeding for breach of any obligations arising under RCW 64.90.665, 64.90.670, or
64.90.675
must be commenced within four years after the cause of action accrues. The period for commencing an action for a breach accruing pursuant to subsection (2)(a) of this section does not expire prior to one year after termination of the period of declarant control, if any, under RCW 64.90.415
. 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 for breach of warranty of quality, regardless of the purchaser's lack of knowledge of the breach, accrues:
(a) As to a unit, the latest of:
(i) The date the unit was conveyed to the purchaser to whom the warranty is first made; or
(ii) The date any portion of the unit that constitutes a building enclosure as defined in RCW 64.55.010
(3) was completed; and
(b) As to each common element, at the latest of:
(i) The date the common element was completed;
(ii) The date the common element was added to the condominium; or
(iii) The date the first unit in the condominium was conveyed to a bona fide purchaser.
(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
.
[
2018 c 277 s 417
.]
RCW 64.90.685
Action to enforce right granted, obligation imposed
—
Court may award reasonable attorneys' fees and costs
—
Alternative dispute resolution allowed.
(1) A declarant, association, unit owner, or any other person subject to this chapter may bring an action to enforce a right granted or obligation imposed under this chapter or the governing documents. The court may award reasonable attorneys' fees and costs.
(2) Parties to a dispute arising under this chapter or the governing documents may agree at any time to resolve the dispute by any form of binding or nonbinding alternative dispute resolution.
[
2018 c 277 s 418
.]
RCW 64.90.690
Promotional material
—
Labeling requirement.
Promotional material may not be displayed or delivered to prospective purchasers of a condominium unit that describes or portrays an unbuilt contemplated improvement in the condominium unless the description or portrayal of the improvement in the promotional material is conspicuously labeled or identified either as "MUST BE BUILT" or as "NEED NOT BE BUILT" or words to that effect.
[
2018 c 277 s 419
.]
RCW 64.90.695
Improvements
—
Duties of declarant.
(1) Except for improvements labeled "NEED NOT BE BUILT" on the map in conformity to RCW 64.90.245
(9), the declarant must complete all improvements depicted on the map or other graphic representation of a condominium, if the map or other graphic representation is contained in the public offering statement or in any promotional material approved or authorized by the declarant with respect to the condominium.
(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 under RCW 64.90.250
through
64.90.280
.
[
2018 c 277 s 420
.]
RCW 64.90.700
Conversion building notice.
A declarant or dealer who intends to offer units in a conversion building must provide a conversion building notice of the conversion to the Washington state housing finance commission no later than 120 days before the residential tenants and any residential subtenant in possession of a portion of a conversion building are required to vacate.
[
2022 c 165 s 4
.]
NOTES:
Findings
—
Intent
—
2022 c 165:
See note following RCW 43.180.245
.
RCW 64.90.705
Adverse possession, easement.
A unit owner or person claiming through a unit owner may not acquire title by adverse possession to, or an easement by prescription in, a common element in derogation of the title of another unit owner or the association.
[
2024 c 321 s 205
.]
RCW 64.90.710
Transit-oriented development restrictions.
Declarations and governing documents created after July 27, 2025, and applicable to a common interest community located fully or partially within a station area as defined in RCW 36.70A.030
may not prohibit the construction or development of multifamily housing or transit-oriented development density that must be permitted by cities under RCW 36.70A.840
or require off-street parking inconsistent or in conflict with RCW 36.70A.842
.
[
2025 c 267 s 9
.]
NOTES:
Findings
—
2025 c 267:
See note following RCW 36.70A.840
.
RCW 64.90.900
Short title.
This chapter may be known and cited as the Washington uniform common interest ownership act.
[
2018 c 277 s 101
.]
RCW 64.90.910
Effective date.
This act takes effect July 1, 2018.
[
2018 c 277 s 507
.]