reglab/housing_qa huggingface dataset:
WA Rev Code § 64.34.040 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.040 - Separate interests—Taxation.

RCW 64.34.040 Separate interests—Taxation.(1) If there is any unit owner other than a declarant, each unit that has been created, together with its interest in the common elements, constitutes for all purposes a separate parcel of real property.(2) If there is any unit owner other than a declarant, 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 shall constitute a separate parcel of real property for property tax purposes and must be separately taxed and assessed to the declarant.(4) If there is no unit owner other than a declarant, the real property comprising the condominium may be taxed and assessed in any manner provided by law.[ 1992 c 220 § 3; 1989 c 43 § 1-105.]
WA Rev Code § 64.34.050 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.050 - Local ordinances, regulations, and building codes—Applicability.

RCW 64.34.050 Local ordinances, regulations, and building codes—Applicability.(1) A zoning, subdivision, building code, or other real property law, ordinance, or regulation may not prohibit the condominium form of ownership or impose any requirement upon a condominium which it would not impose upon a physically identical development under a different form of ownership. Otherwise, no provision of this chapter invalidates or modifies any provision of any zoning, subdivision, building code, or other real property use law, ordinance, or regulation.(2) This section shall not prohibit a county legislative authority from requiring the review and approval of declarations and amendments thereto and termination agreements executed pursuant to RCW 64.34.268(2) by the county assessor solely for the purpose of allocating the assessed value and property taxes. The review by the assessor shall be done in a reasonable and timely manner.[1989 c 43 § 1-106.]
WA Rev Code § 64.34.060 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.060 - Condemnation.

RCW 64.34.060 Condemnation.(1) If a unit is acquired by condemnation, or if part of a unit is acquired by condemnation leaving the unit owner with a remnant of a unit which may not practically or lawfully be used for any purpose permitted by the declaration, the award must compensate the unit owner for the owner's unit and its appurtenant interest in the common elements, whether or not any common elements are acquired. Upon acquisition, unless the decree otherwise provides, that unit's allocated interests are automatically reallocated to the remaining units in proportion to the respective allocated interests of those units before the taking, and the association shall promptly prepare, execute, and record an amendment to the declaration reflecting the reallocations. Any remnant of a unit remaining after part of a unit is taken under this subsection is thereafter a common element.(2) Except as provided in subsection (1) of this section, if part of a unit is acquired by condemnation, the award must compensate the unit owner for the reduction in value of the unit and its appurtenant interest in the common elements, whether or not any common elements are acquired. Upon acquisition, unless the decree otherwise provides: (a) That unit's allocated interests are reduced in proportion to the reduction in the size of the unit, or on any other basis specified in the declaration; and (b) the portion of the allocated interests divested from the partially acquired unit are automatically reallocated to that unit and the remaining units in proportion to the respective allocated interests of those units before the taking, with the partially acquired unit participating in the reallocation on the basis of its reduced allocated interests.(3) If part of the common elements is acquired by condemnation the portion of the award attributable to the common elements taken shall be paid to the owners based on their respective interests in the common elements unless the declaration provides otherwise. Unless the declaration provides otherwise, any portion of the award attributable to the acquisition of a limited common element must be equally divided among the owners of the units to which that limited common element was allocated at the time of acquisition.(4) The court judgment shall be recorded in every county in which any portion of the condominium is located.(5) Should the association not act, based on a right reserved to the association in the declaration, on the owners' behalf in a condemnation process, the affected owners may individually or jointly act on their own behalf.[1989 c 43 § 1-107.]
WA Rev Code § 64.34.070 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.070 - Law applicable—General principles.

RCW 64.34.070 Law applicable—General principles.The principles of law and equity, including the law of corporations and unincorporated associations, the law of real property, and the law relative to capacity to contract, principal and agent, condemnation, estoppel, fraud, misrepresentation, duress, coercion, mistake, receivership, substantial performance, or other validating or invalidating cause supplement the provisions of this chapter, except to the extent inconsistent with this chapter.[1989 c 43 § 1-108.]
WA Rev Code § 64.34.073 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.073 - Application of chapter 64.55 RCW.

RCW 64.34.073 Application of chapter 64.55 RCW.Chapter 64.55 RCW includes requirements for: The inspection of the building enclosures of multiunit residential buildings, as defined in RCW 64.55.010, which includes condominiums and conversion condominiums; for provision of inspection and repair reports; and for the resolution of implied or express warranty disputes under chapter 64.34 RCW.[ 2005 c 456 § 21.]NOTES:Effective date—2005 c 456: See RCW 64.55.901.
WA Rev Code § 64.34.076 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.076 - Application to common interest communities.

RCW 64.34.076 Application to common interest communities.(1) This chapter does not apply to common interest communities as defined in RCW 64.90.010:(a) Created on or after July 1, 2018; or(b) That have amended their governing documents to provide that chapter 64.90 RCW will apply to the common interest community pursuant to RCW 64.90.095.(2) Pursuant to RCW 64.90.080, the following provisions of chapter 64.90 RCW apply, and any inconsistent provisions of this chapter do not apply, to a common interest community created before July 1, 2018:(a) RCW 64.90.095;(b) RCW 64.90.405(1) (b) and (c);(c) RCW 64.90.525; and(d) RCW 64.90.545.[ 2019 c 238 § 218; 2018 c 277 § 504.]NOTES:Effective date—2018 c 277: See RCW 64.90.910.
WA Rev Code § 64.34.080 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.080 - Contracts—Unconscionability.

RCW 64.34.080 Contracts—Unconscionability.(1) The court, upon finding as a matter of law that a contract or contract clause was unconscionable at the time the contract was made, may refuse to enforce the contract, enforce the remainder of the contract without the unconscionable clause, or limit the application of any unconscionable clause in order to avoid an unconscionable result.(2) Whenever it is claimed, or appears to the court, that a contract or any contract clause is or may be unconscionable, the parties, in order to aid the court in making the determination, shall be afforded a reasonable opportunity to present evidence as to:(a) The commercial setting of the negotiations;(b) Whether a party has knowingly taken advantage of the inability of the other party reasonably to protect his or her interests by reason of physical or mental infirmity, illiteracy, or inability to understand the language of the agreement or similar factors;(c) The effect and purpose of the contract or clause; and(d) If a sale, any gross disparity at the time of contracting between the amount charged for the real property and the value of the real property measured by the price at which similar real property was readily obtainable in similar transactions, but a disparity between the contract price and the value of the real property measured by the price at which similar real property was readily obtainable in similar transactions does not, of itself, render the contract unconscionable.[1989 c 43 § 1-111.]
WA Rev Code § 64.34.090 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.090 - Obligation of good faith.

RCW 64.34.090 Obligation of good faith.Every contract or duty governed by this chapter imposes an obligation of good faith in its performance or enforcement.[1989 c 43 § 1-112.]
WA Rev Code § 64.34.100 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.100 - Remedies liberally administered.

RCW 64.34.100 Remedies liberally administered.(1) The remedies provided by this chapter shall be liberally administered to the end that the aggrieved party is put in as good a position as if the other party had fully performed. However, consequential, special, or punitive damages may not be awarded except as specifically provided in this chapter or by other rule of law.(2) Except as otherwise provided in RCW 64.55.100 through 64.55.160 or chapter 64.35 RCW, any right or obligation declared by this chapter is enforceable by judicial proceeding. The arbitration proceedings provided for in RCW 64.55.100 through 64.55.160 shall be considered judicial proceedings for the purposes of this chapter.[ 2005 c 456 § 20; 2004 c 201 § 2; 1989 c 43 § 1-113.]NOTES:Effective date—2005 c 456: See RCW 64.55.901.
WA Rev Code § 64.34.200 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.200 - Creation of condominium.

RCW 64.34.200 Creation of condominium.(1) A condominium may be created pursuant to this chapter only by recording a declaration executed by the owner of the interest subject to this chapter in the same manner as a deed and by simultaneously recording a survey map and plans pursuant to RCW 64.34.232. The declaration and survey map and plans must be recorded in every county in which any portion of the condominium is located, and the condominium shall not have the same name as any other existing condominium, whether created under this chapter or under chapter 64.32 RCW, in any county in which the condominium is located.(2) A declaration or an amendment to a declaration adding units to a condominium may not be recorded unless (a) all structural components and mechanical systems of all buildings containing or comprising any units thereby created are substantially completed as evidenced by a recorded certificate of completion executed by the declarant which certificate may be included in the declaration or the amendment, the survey map and plans to be recorded pursuant to RCW 64.34.232, or a separately recorded written instrument, and (b) all horizontal and vertical boundaries of such units are substantially completed in accordance with the plans required to be recorded by RCW 64.34.232, as evidenced by a recorded certificate of completion executed by a licensed surveyor.[ 1992 c 220 § 4; 1990 c 166 § 2; 1989 c 43 § 2-101.]NOTES:Effective date—1990 c 166: See note following RCW 64.34.020.
WA Rev Code § 64.34.202 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.202 - Reservation of condominium name.

RCW 64.34.202 Reservation of condominium name.Upon the filing of a written request with the county office in which the declaration is to be recorded, using such form of written request as may be required by the county office and paying such fee as the county office may establish not in excess of fifty dollars, a person may reserve the exclusive right to use a particular name for a condominium to be created in that county. The name being reserved shall not be identical to any other condominium or subdivision plat located in that county, and such name reservation shall automatically lapse unless within three hundred sixty-five days from the date on which the name reservation is filed the person reserving that name either records a declaration using the reserved name or files a new name reservation request.[ 1992 c 220 § 5.]
WA Rev Code § 64.34.204 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.204 - Unit boundaries.

RCW 64.34.204 Unit boundaries.Except as provided by the declaration:(1) The walls, floors, or ceilings are the boundaries of a unit, and all lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring, and any other materials constituting any part of the finished surfaces thereof are a part of the unit, and all other portions of the walls, floors, or ceilings are a part of the common elements.(2) If any chute, flue, duct, wire, conduit, bearing wall, bearing column, or any other fixture lies partially within and partially outside the designated boundaries of a unit, any portion thereof serving only that unit is a limited common element allocated solely to that unit, and any portion thereof serving more than one unit or any portion of the common elements is a part of the common elements.(3) Subject to the provisions of subsection (2) of this section, all spaces, interior partitions, and other fixtures and improvements within the boundaries of a unit are a part of the unit.(4) Any shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, patios, and all exterior doors and windows or other fixtures designed to serve a single unit, but which are located outside the unit's boundaries, are limited common elements allocated exclusively to that unit.[ 1992 c 220 § 6; 1989 c 43 § 2-102.]
WA Rev Code § 64.34.208 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.208 - Declaration and bylaws—Construction and validity.

RCW 64.34.208 Declaration and bylaws—Construction and validity.(1) All provisions of the declaration and bylaws are severable.(2) The rule against perpetuities may not be applied to defeat any provision of the declaration, bylaws, rules, or regulations adopted pursuant to RCW 64.34.304(1)(a).(3) In the event of a conflict between the provisions of the declaration and the bylaws, the declaration prevails except to the extent the declaration is inconsistent with this chapter.(4) The creation of a condominium shall not be impaired and title to a unit and common elements shall not be rendered unmarketable or otherwise affected by reason of an insignificant failure of the declaration or survey map and plans or any amendment thereto to comply with this chapter. Whether a significant failure impairs marketability shall not be determined by this chapter.[1989 c 43 § 2-103.]
WA Rev Code § 64.34.212 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.212 - Description of units.

RCW 64.34.212 Description of units.A description of a unit which sets forth the name of the condominium, the recording number for the declaration, the county in which the condominium is located, and the identifying number of the unit is a sufficient legal description of that unit and all rights, obligations, and interests appurtenant to that unit which were created by the declaration or bylaws.[1989 c 43 § 2-104.]
WA Rev Code § 64.34.220 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.220 - Leasehold condominiums.

RCW 64.34.220 Leasehold condominiums.(1) Any lease, the expiration or termination of which may terminate the condominium or reduce its size, or a memorandum thereof, shall be recorded. Every lessor of those leases must sign the declaration, and the declaration shall state:(a) The recording number of the lease or a statement of where the complete lease may be inspected;(b) The date on which the lease is scheduled to expire;(c) A legal description of the real property subject to the lease;(d) Any right of the unit owners to redeem the reversion and the manner whereby those rights may be exercised, or a statement that they do not have those rights;(e) Any right of the unit owners to remove any improvements within a reasonable time after the expiration or termination of the lease, or a statement that they do not have those rights; and(f) Any rights of the unit owners to renew the lease and the conditions of any renewal, or a statement that they do not have those rights.(2) The declaration may provide for the collection by the association of the proportionate rents paid on the lease by the unit owners and may designate the association as the representative of the unit owners on all matters relating to the lease.(3) If the declaration does not provide for the collection of rents by the association, the lessor may not terminate the interest of a unit owner who makes timely payment of the owner's share of the rent and otherwise complies with all covenants other than the payment of rent which, if violated, would entitle the lessor to terminate the lease.(4) Acquisition of the leasehold interest of any unit owner by the owner of the reversion or remainder does not merge the leasehold and fee simple interests unless the leasehold interests of all unit owners subject to that reversion or remainder are acquired and the owner thereof records a document confirming the merger.(5) If the expiration or termination of a lease decreases the number of units in a condominium, the allocated interests shall be reallocated in accordance with RCW 64.34.060(1) as though those units had been taken by condemnation. Reallocations shall be confirmed by an amendment to the declaration and survey map and plans prepared, executed, and recorded by the association.[1989 c 43 § 2-106.]
WA Rev Code § 64.34.224 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.224 - Common element interests, votes, and expenses—Allocation.

RCW 64.34.224 Common element interests, votes, and expenses—Allocation.(1) The declaration shall allocate 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, to each unit and state the formulas or methods used to establish those allocations. Those allocations may not discriminate in favor of units owned by the declarant or an affiliate of the declarant.(2) If units may be added to or withdrawn from the condominium, the declaration shall state the formulas or methods to be used to reallocate the allocated interests among all units included in the condominium after the addition or withdrawal.(3) The declaration may provide: (a) For cumulative voting only for the purpose of electing members of the board of directors; and (b) for class voting on specified issues affecting the class if necessary to protect valid interests of the class. A declarant may not utilize cumulative or class voting for the purpose of evading any limitation imposed on declarants by this chapter, nor may units constitute a class because they are owned by a declarant.(4) Except for minor variations due to rounding, the sum of the undivided interests in the common elements and common expense liabilities allocated at any time to all the units must each equal one if stated as fractions or one hundred percent if stated as percentages. In the event of discrepancy between an allocated interest and the result derived from application of the pertinent formula, the allocated interest prevails.(5) Except where permitted by other sections of this chapter, 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.[ 1992 c 220 § 8; 1989 c 43 § 2-107.]
WA Rev Code § 64.34.228 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.228 - Limited common elements.

RCW 64.34.228 Limited common elements.(1) Except for the limited common elements described in RCW 64.34.204 (2) and (4), the declaration shall specify to which unit or units each limited common element is allocated.(2) 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 only be reallocated between units with the approval of the board of directors and by an amendment to the declaration executed by the owners of the units to which the limited common element was and will be allocated. The board of directors shall approve the request of the owner or owners under this subsection within thirty 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 of directors to act upon a request within such period shall be deemed approval thereof. The amendment shall be recorded in the names of the parties and of the condominium.(3) Unless otherwise provided in the declaration, the owners of units to which at least sixty-seven percent of the votes are allocated, including the owner of the unit to which the limited common element will be assigned or incorporated, must agree to reallocate a common element as a limited common element or to incorporate a common element or a limited common element into an existing unit. Such reallocation or incorporation shall be reflected in an amendment to the declaration, survey map, or plans.[ 1992 c 220 § 9; 1989 c 43 § 2-108.]