reglab/housing_qa huggingface dataset:
WA Rev Code § 64.34.452 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.452 - Warranties of quality—Breach—Actions for construction defect claims.

RCW 64.34.452 Warranties of quality—Breach—Actions for construction defect claims.(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 § 7; 2002 c 323 § 11; 1990 c 166 § 14.]NOTES:*Reviser's note: RCW 64.34.308 was amended by 2011 c 189 § 2, changing subsection (4) to subsection (5), effective January 1, 2012.Effective date—1990 c 166: See note following RCW 64.34.020.
WA Rev Code § 64.34.455 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.455 - Effect of violations on rights of action—Attorney's fees.

RCW 64.34.455 Effect of violations on rights of action—Attorney's fees.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 § 4-115.]
WA Rev Code § 64.34.460 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.460 - Labeling of promotional material.

RCW 64.34.460 Labeling of promotional material.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 § 4-116.]
WA Rev Code § 64.34.465 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.465 - Improvements—Declarant's duties.

RCW 64.34.465 Improvements—Declarant's duties.(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 § 4-117.]
WA Rev Code § 64.34.900 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.900 - Short title.

RCW 64.34.900 Short title.This chapter shall be known and may be cited as the Washington condominium act or the condominium act.[1989 c 43 § 1-101.]
WA Rev Code § 64.34.910 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.910 - Section captions.

RCW 64.34.910 Section captions.Section captions as used in this chapter do not constitute any part of the law.[1989 c 43 § 4-119.]
WA Rev Code § 64.34.930 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.930 - Effective date—1989 c 43.

RCW 64.34.930 Effective date—1989 c 43.This act shall take effect July 1, 1990.[1989 c 43 § 4-124.]
WA Rev Code § 64.34.931 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.931 - Effective date—2004 c 201 §§ 1-13.

RCW 64.34.931 Effective date—2004 c 201 §§ 1-13.Sections 1 through 13 of this act take effect July 1, 2004.[ 2004 c 201 § 14.]
WA Rev Code § 64.34.940 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.940 - Construction against implicit repeal.

RCW 64.34.940 Construction against implicit repeal.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 § 1-109.]
WA Rev Code § 64.34.950 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.950 - Uniformity of application and construction.

RCW 64.34.950 Uniformity of application and construction.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 § 1-110.]
WA Rev Code § 64.35.105 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.35 - Condominiums—Qualified Warranties.|64.35.105 - Definitions.

RCW 64.35.105 Definitions.The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Affiliate" has the meaning in RCW 64.34.020.(2) "Association" has the meaning in RCW 64.34.020.(3) "Building envelope" means the assemblies, components, and materials of a building that are intended to separate and protect the interior space of the building from the adverse effects of exterior climatic conditions.(4) "Common element" has the meaning in RCW 64.34.020.(5) "Condominium" has the meaning in RCW 64.34.020.(6) "Construction professional" has the meaning in RCW 64.50.010.(7) "Conversion condominium" has the meaning in RCW 64.34.020.(8) "Declarant" has the meaning in RCW 64.34.020.(9) "Declarant control" has the meaning in RCW 64.34.020.(10) "Defect" means any aspect of a condominium unit or common element which constitutes a breach of the implied warranties set forth in RCW 64.34.445.(11) "Limited common element" has the meaning in RCW 64.34.020.(12) "Material" means substantive, not simply formal; significant to a reasonable person; not trivial or insignificant. When used with respect to a particular construction defect, "material" does not require that the construction defect render the unit or common element unfit for its intended purpose or uninhabitable.(13) "Mediation" means a collaborative process in which two or more parties meet and attempt, with the assistance of a mediator, to resolve issues in dispute between them.(14) "Mediation session" means a meeting between two or more parties to a dispute during which they are engaged in mediation.(15) "Mediator" means a neutral and impartial facilitator with no decision-making power who assists parties in negotiating a mutually acceptable settlement of issues in dispute between them.(16) "Person" has the meaning in RCW 64.34.020.(17) "Public offering statement" has the meaning in RCW 64.34.410.(18) "Qualified insurer" means an entity that holds a certificate of authority under RCW 48.05.030, or an eligible insurer under chapter 48.15 RCW.(19) "Qualified warranty" means an insurance policy issued by a qualified insurer that complies with the requirements of this chapter. A qualified warranty includes coverage for repair of physical damage caused by the defects covered by the qualified warranty, except to the extent of any exclusions and limitations under this chapter.(20) "Resale certificate" means the statement to be delivered by the association under RCW 64.34.425.(21) "Transition date" means the date on which the declarant is required to deliver to the association the property of the association under RCW 64.34.312.(22) "Unit" has the meaning in RCW 64.34.020.(23) "Unit owner" has the meaning in RCW 64.34.020.[ 2004 c 201 § 101.]
WA Rev Code § 64.35.106 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.35 - Condominiums—Qualified Warranties.|64.35.106 - Qualified warrantees—Application of RCW 48.01.040.

RCW 64.35.106 Qualified warrantees—Application of RCW 48.01.040.All qualified warrantees shall be deemed to be "insurance" for purposes of RCW 48.01.040, and shall be regulated as such.[ 2004 c 201 § 2001.]
WA Rev Code § 64.35.115 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.35 - Condominiums—Qualified Warranties.|64.35.115 - Attorneys' fees.

RCW 64.35.115 Attorneys' fees.In any judicial proceeding or arbitration brought to enforce the terms of a qualified warranty, the court or arbitrator may award reasonable attorneys' fees to the substantially prevailing party. In no event may such fees exceed the reasonable hourly value of the attorney's work.[ 2004 c 201 § 1701.]
WA Rev Code § 64.35.120 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.35 - Condominiums—Qualified Warranties.|64.35.120 - Change of ownership—Coverage transfers.

RCW 64.35.120 Change of ownership—Coverage transfers.(1) A qualified warranty pertains solely to the unit and common elements for which it provides coverage and no notice to the qualified insurer is required on a change of ownership.(2) All of the applicable unused benefits under a qualified warranty with respect to a unit are automatically transferred to any subsequent owner on a change of ownership.[ 2004 c 201 § 1801.]
WA Rev Code § 64.35.205 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.35 - Condominiums—Qualified Warranties.|64.35.205 - Qualified warranty—Remedy and procedure—Application of chapter 64.50 RCW.

RCW 64.35.205 Qualified warranty—Remedy and procedure—Application of chapter 64.50 RCW.No declarant, affiliate of a declarant, or construction professional is liable to a unit owner or an association for damages awarded for repair of construction defects and resulting physical damage, and chapter 64.50 RCW shall not apply if: (1) Every unit is the subject of a qualified warranty; and (2) the association has been issued a qualified warranty with respect to the common elements. If a construction professional agrees on terms satisfactory to the qualified insurer to partially or fully indemnify the qualified insurer with respect to a defect caused by the construction professional, the liability of the construction professional for the defect and resulting physical damage caused by him or her shall not exceed damages recoverable under the terms of the qualified warranty for the defect. Any indemnity claim by the qualified insurer shall be by separate action or arbitration, and no unit owner or association shall be joined therein. A qualified warranty may also be provided in the case of improvements made or contracted for by a declarant as part of a conversion condominium, and in such case, declarant's liability with respect to such improvements shall be limited as set forth in this section.[ 2004 c 201 § 201.]
WA Rev Code § 64.35.210 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.35 - Condominiums—Qualified Warranties.|64.35.210 - Notice of qualified warranty—History of claims.

RCW 64.35.210 Notice of qualified warranty—History of claims.(1) Every public offering statement and resale certificate shall affirmatively state whether or not the unit and/or the common elements are covered by a qualified warranty, and shall provide to the best knowledge of the person preparing the public offering statement or resale certificate a history of claims under the warranty.(2) The history of claims must include, for each claim, not less than the following information for the unit and/or the common elements, as applicable, to the best knowledge of the person providing the information:(a) The type of claim that was made;(b) The resolution of the claim;(c) The type of repair performed;(d) The date of the repair;(e) The cost of the repair; and(f) The name of the person or entity who performed the repair.[ 2004 c 201 § 301.]
WA Rev Code § 64.35.305 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.35 - Condominiums—Qualified Warranties.|64.35.305 - Two-year materials and labor warranty—Noncompliance with building code.

RCW 64.35.305 Two-year materials and labor warranty—Noncompliance with building code.(1) The minimum coverage for the two-year materials and labor warranty is:(a) In the first twelve months, for other than the common elements, (i) coverage for any defect in materials and labor; and (ii) subject to subsection (2) of this section, coverage for a violation of the building code;(b) In the first fifteen months, for the common elements, (i) coverage for any defect in materials and labor; and (ii) subject to subsection (2) of this section, coverage for a violation of the building code;(c) In the first twenty-four months, (i) coverage for any defect in materials and labor supplied for the electrical, plumbing, heating, ventilation, and air conditioning delivery and distribution systems; (ii) coverage for any defect in materials and labor supplied for the exterior cladding, caulking, windows, and doors that may lead to detachment or material damage to the unit or common elements; (iii) coverage for any defect in materials and labor which renders the unit unfit to live in; and (iv) subject to subsection (2) of this section, coverage for a violation of the building code.(2) Noncompliance with the building code is considered a defect covered by a qualified warranty if the noncompliance:(a) Constitutes an unreasonable health or safety risk; or(b) Has resulted in, or is likely to result in, material damage to the unit or common elements.[ 2004 c 201 § 401.]
WA Rev Code § 64.35.310 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.35 - Condominiums—Qualified Warranties.|64.35.310 - Five-year building envelope warranty.

RCW 64.35.310 Five-year building envelope warranty.The minimum coverage for the building envelope warranty is five years for defects in the building envelope of a condominium, including a defect which permits unintended water penetration so that it causes, or is likely to cause, material damage to the unit or common elements.[ 2004 c 201 § 402.]
WA Rev Code § 64.35.315 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.35 - Condominiums—Qualified Warranties.|64.35.315 - Ten-year structural defects warranty.

RCW 64.35.315 Ten-year structural defects warranty.The minimum coverage for the structural defects warranty is ten years for:(1) Any defect in materials and labor that results in the failure of a load-bearing part of the condominium; and(2) Any defect which causes structural damage that materially and adversely affects the use of the condominium for residential occupancy.[ 2004 c 201 § 403.]
WA Rev Code § 64.35.320 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.35 - Condominiums—Qualified Warranties.|64.35.320 - Beginning dates for warranty coverage.

RCW 64.35.320 Beginning dates for warranty coverage.(1) For the unit, the beginning date of the qualified warranty coverage is the earlier of:(a) Actual occupancy of the unit; or(b) Transfer of legal title to the unit.(2) For the common elements, the beginning date of a qualified warranty is the date a temporary or final certificate of occupancy is issued for the common elements in each separate multiunit building, comprised by the condominium.[ 2004 c 201 § 404.]
WA Rev Code § 64.35.325 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.35 - Condominiums—Qualified Warranties.|64.35.325 - Beginning dates for warranty coverage—Special cases—Declarant control.

RCW 64.35.325 Beginning dates for warranty coverage—Special cases—Declarant control.(1) If an unsold unit is occupied as a rental unit, the qualified warranty beginning date for such unit is the date the unit is first occupied.(2) If the declarant subsequently offers to sell a unit which is rented, the declarant must disclose, in writing, to each prospective purchaser, the date on which the qualified warranty expires.(3) If the declarant retains any declarant control over the association on the date that is fourteen full calendar months following the month in which the beginning date for common element warranty coverage commences, the declarant shall within thirty days thereafter cause an election to be held in which the declarant may not vote, for the purpose of electing one or more board members who are empowered to make warranty claims. If at such time, one or more independent board members hold office, no additional election need be held, and such independent board members are empowered to make warranty claims. The declarant shall inform all independent board members of their right to make warranty claims at no later than sixteen full calendar months following the beginning date of the common element warranty.[ 2004 c 201 § 405.]
WA Rev Code § 64.35.330 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.35 - Condominiums—Qualified Warranties.|64.35.330 - Living expense allowance.

RCW 64.35.330 Living expense allowance.(1) If repairs are required under the qualified warranty and damage to the unit, or the extent of the repairs renders the unit uninhabitable, the qualified warranty must cover reasonable living expenses incurred by the owner to live elsewhere in an amount commensurate with the nature of the unit.(2) If a qualified insurer establishes a maximum amount per day for claims for living expenses, the limit must be the greater of one hundred dollars per day or a reasonable amount commensurate with the nature of the unit for the complete reimbursement of the actual accommodation expenses incurred by the owner at a hotel, motel, or other rental accommodation up to the day the unit is ready for occupancy, subject to the owner receiving twenty-four hours' advance notice.[ 2004 c 201 § 406.]
WA Rev Code § 64.35.335 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.35 - Condominiums—Qualified Warranties.|64.35.335 - Warranty on repairs and replacements.

RCW 64.35.335 Warranty on repairs and replacements.(1) All repairs and replacements made under a qualified warranty must be warranted by the qualified warranty against defects in materials and labor until the later of:(a) The first anniversary of the date of completion of the repair or replacement; or(b) The expiration of the applicable qualified warranty coverage.(2) All repairs and replacements made under a qualified warranty must be completed in a reasonable manner using materials and labor conforming to the building code and industry standards.[ 2004 c 201 § 407.]
WA Rev Code § 64.35.405 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.35 - Condominiums—Qualified Warranties.|64.35.405 - Provisions a qualified insurer may include.

RCW 64.35.405 Provisions a qualified insurer may include.A qualified insurer may include any of the following provisions in a qualified warranty:(1) If the qualified insurer makes a payment or assumes liability for any payment or repair under a qualified warranty, the owner and association must fully support and assist the qualified insurer in pursuing any rights that the qualified insurer may have against the declarant, and any construction professional that has contractual or common law obligations to the declarant, whether such rights arose by contract, subrogation, or otherwise.(2) Warranties or representations made by a declarant which are in addition to the warranties set forth in this chapter are not binding on the qualified insurer unless and to the extent specifically provided in the text of the warranty; and disclaimers of specific defects made by agreement between the declarant and the unit purchaser under RCW 64.34.450 act as an exclusion of the specified defect from the warranty coverage.(3) An owner and the association must permit the qualified insurer or declarant, or both, to enter the unit at reasonable times, after reasonable notice to the owner and the association:(a) To monitor the unit or its components;(b) To inspect for required maintenance;(c) To investigate complaints or claims; or(d) To undertake repairs under the qualified warranty.If any reports are produced as a result of any of the activities referred to in (a) through (d) of this subsection, the reports must be provided to the owner and the association.(4) An owner and the association must provide to the qualified insurer all information and documentation that the owner and the association have available, as reasonably required by the qualified insurer to investigate a claim or maintenance requirement, or to undertake repairs under the qualified warranty.(5) To the extent any damage to a unit is caused or made worse by the unreasonable refusal of the association, or an owner or occupant to permit the qualified insurer or declarant access to the unit for the reasons in subsection (3) of this section, or to provide the information required by subsection (4) of this section, that damage is excluded from the qualified warranty.(6) In any claim under a qualified warranty issued to the association, the association shall have the sole right to prosecute and settle any claim with respect to the common elements.[ 2004 c 201 § 501.]