reglab/housing_qa huggingface dataset:
WA Rev Code § 64.38.045 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.38 - Homeowners' Associations.|64.38.045 - Financial and other records—Property of association—Copies—Examination—Annual financial statement—Accounts.

RCW 64.38.045 Financial and other records—Property of association—Copies—Examination—Annual financial statement—Accounts.(1) The association or its managing agent shall keep financial and other records sufficiently detailed to enable the association to fully declare to each owner the true statement of its financial status. All financial and other records of the association, including but not limited to checks, bank records, and invoices, in whatever form they are kept, are the property of the association. Each association managing agent shall turn over all original books and records to the association immediately upon termination of the management relationship with the association, or upon such other demand as is made by the board of directors. An association managing agent is entitled to keep copies of association records. All records which the managing agent has turned over to the association shall be made reasonably available for the examination and copying by the managing agent.(2) All records of the association, including the names and addresses of owners and other occupants of the lots, shall be available for examination by all owners, holders of mortgages on the lots, and their respective authorized agents on reasonable advance notice during normal working hours at the offices of the association or its managing agent. The association shall not release the unlisted telephone number of any owner. The association may impose and collect a reasonable charge for copies and any reasonable costs incurred by the association in providing access to records.(3) At least annually, the association shall prepare, or cause to be prepared, a financial statement of the association. The financial statements of associations with annual assessments of fifty thousand dollars or more shall be audited at least annually by an independent certified public accountant, but the audit may be waived if sixty-seven percent of the votes cast by owners, in person or by proxy, at a meeting of the association at which a quorum is present, vote each year to waive the audit.(4) The funds of the association shall be kept in accounts in the name of the association and shall not be commingled with the funds of any other association, nor with the funds of any manager of the association or any other person responsible for the custody of such funds.[ 1995 c 283 § 9.]
WA Rev Code § 64.38.050 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.38 - Homeowners' Associations.|64.38.050 - Violation—Remedy—Attorneys' fees.

RCW 64.38.050 Violation—Remedy—Attorneys' fees.Any violation of the provisions of this chapter entitles an aggrieved party to any remedy provided by law or in equity. The court, in an appropriate case, may award reasonable attorneys' fees to the prevailing party.[ 1995 c 283 § 10.]
WA Rev Code § 64.38.055 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.38 - Homeowners' Associations.|64.38.055 - Governing documents—Solar panels.

RCW 64.38.055 Governing documents—Solar panels.(1) The governing documents may not prohibit the installation of a solar energy panel by an owner or resident on the owner's or resident's property as long as the solar energy panel:(a) Meets applicable health and safety standards and requirements imposed by state and local permitting authorities;(b) If used to heat water, is certified by the solar rating certification corporation or another nationally recognized certification agency. Certification must be for the solar energy panel and for installation; and(c) If used to produce electricity, meets all applicable safety and performance standards established by the national electric code, the institute of electrical and electronics engineers, accredited testing laboratories, such as underwriters laboratories, and, where applicable, rules of the utilities and transportation commission regarding safety and reliability.(2) The governing documents may:(a) Prohibit the visibility of any part of a roof-mounted solar energy panel above the roofline;(b) Permit the attachment of a solar energy panel to the slope of a roof facing a street only if:(i) The solar energy panel conforms to the slope of the roof; and(ii) The top edge of the solar energy panel is parallel to the roof ridge; or(c) Require:(i) A solar energy panel frame, a support bracket, or any visible piping or wiring to be painted to coordinate with the roofing material;(ii) An owner or resident to shield a ground-mounted solar energy panel if shielding the panel does not prohibit economic installation of the solar energy panel or degrade the operational performance quality of the solar energy panel by more than ten percent; or(iii) Owners or residents who install solar energy panels to indemnify or reimburse the association or its members for loss or damage caused by the installation, maintenance, or use of a solar energy panel.(3) The governing documents may include other reasonable rules regarding the placement and manner of a solar energy panel.(4) For purposes of this section, "solar energy panel" means a panel device or system or combination of panel devices or systems that relies on direct sunlight as an energy source, including a panel device or system or combination of panel devices or systems that collects sunlight for use in:(a) The heating or cooling of a structure or building;(b) The heating or pumping of water;(c) Industrial, commercial, or agricultural processes; or(d) The generation of electricity.(5) This section does not apply to common areas as defined in RCW 64.38.010.(6) This section applies retroactively to a governing document in effect on July 26, 2009. A provision in a governing document in effect on July 26, 2009, that is inconsistent with this section is void and unenforceable.[ 2009 c 51 § 1.]
WA Rev Code § 64.38.060 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.38 - Homeowners' Associations.|64.38.060 - Adult family homes.

RCW 64.38.060 Adult family homes.(1) To effectuate the public policy of chapter 70.128 RCW, the governing documents may not limit, directly or indirectly:(a) Persons with disabilities from living in an adult family home licensed under chapter 70.128 RCW; or(b) Persons and legal entities from operating adult family homes licensed under chapter 70.128 RCW, whether for-profit or nonprofit, to provide services covered under chapter 70.128 RCW. However, this subsection does not prohibit application of reasonable nondiscriminatory regulation, including but not limited to landscaping standards or regulation of sign location or size, that applies to all residential property subject to the governing documents.(2) This section applies retroactively to any governing documents in effect on July 26, 2009. Any provision in a governing document in effect on or after July 26, 2009, that is inconsistent with subsection (1) of this section is unenforceable to the extent of the conflict.[ 2009 c 530 § 4.]
WA Rev Code § 64.38.065 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.38 - Homeowners' Associations.|64.38.065 - Reserve account and study.

RCW 64.38.065 Reserve account and study.(1) An association is encouraged to establish a reserve account with a financial institution to fund major maintenance, repair, and replacement of common elements, including limited common elements that will require major maintenance, repair, or replacement within thirty years. If the association establishes a reserve account, the account must be in the name of the association. The board of directors is responsible for administering the reserve account.(2) Except as provided in RCW 64.90.080 and 64.90.545, unless doing so would impose an unreasonable hardship, an association with significant assets shall prepare and update a reserve study, in accordance with the association's governing documents and this chapter. The initial reserve study must be based upon a visual site inspection conducted by a reserve study professional.(3) Except as provided in RCW 64.90.080 and 64.90.545, unless doing so would impose an unreasonable hardship, the association shall update the reserve study annually. At least every three years, an updated reserve study must be prepared and based upon a visual site inspection conducted by a reserve study professional.(4) The decisions relating to the preparation and updating of a reserve study must be made by the board of directors in the exercise of the reasonable discretion of the board. The decisions must include whether a reserve study will be prepared or updated, and whether the assistance of a reserve study professional will be utilized.[ 2019 c 238 § 223; 2011 c 189 § 9.]NOTES:Effective date—2011 c 189: "This act takes effect January 1, 2012." [ 2011 c 189 § 15.]
WA Rev Code § 64.38.075 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.38 - Homeowners' Associations.|64.38.075 - Reserve account—Withdrawals.

RCW 64.38.075 Reserve account—Withdrawals.An association may withdraw funds from its reserve account to pay for unforeseen or unbudgeted costs that are unrelated to maintenance, repair, or replacement of the reserve components. The board of directors shall record any such withdrawal in the minute books of the association, cause notice of any such withdrawal to be hand delivered or sent prepaid by first-class United States mail to the mailing address of each owner or to any other mailing address designated in writing by the owner, and adopt a repayment schedule not to exceed twenty-four months unless it determines that repayment within twenty-four months would impose an unreasonable burden on the owners. Payment for major maintenance, repair, or replacement of the reserve components out of cycle with the reserve study projections or not included in the reserve study may be made from the reserve account without meeting the notification or repayment requirements under this section.[ 2011 c 189 § 11.]NOTES:Effective date—2011 c 189: See note following RCW 64.38.065.
WA Rev Code § 64.38.080 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.38 - Homeowners' Associations.|64.38.080 - Reserve study—Demand for preparation and inclusion in budget.

RCW 64.38.080 Reserve study—Demand for preparation and inclusion in budget.(1) When more than three years have passed since the date of the last reserve study prepared by a reserve study professional, the owners to which at least thirty-five percent of the votes are allocated may demand, in writing, to the association that the cost of a reserve study be included in the next budget and that the study be prepared by the end of that budget year. The written demand must refer to this section. The board of directors shall, upon receipt of the written demand, provide the owners who make the demand reasonable assurance that the board will include a reserve study in the next budget and, if the budget is not rejected by a majority of the owners, will arrange for the completion of a reserve study.(2) If a written demand under this section is made and a reserve study is not timely prepared, a court may order specific performance and award reasonable attorneys' fees to the prevailing party in any legal action brought to enforce this section. An association may assert unreasonable hardship as an affirmative defense in any action brought against it under this section. Without limiting this affirmative defense, an unreasonable hardship exists where the cost of preparing a reserve study would exceed five percent of the association's annual budget.(3) An owner's duty to pay for common expenses is not excused because of the association's failure to comply with this section or this chapter. A budget ratified by the owners is not invalidated because of the association's failure to comply with this section or this chapter.[ 2011 c 189 § 12.]NOTES:Effective date—2011 c 189: See note following RCW 64.38.065.
WA Rev Code § 64.38.085 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.38 - Homeowners' Associations.|64.38.085 - Reserve account and study—Liability.

RCW 64.38.085 Reserve account and study—Liability.Monetary damages or any other liability may not be awarded against or imposed upon the association, the officers or board of directors of the association, or those persons who may have provided advice or assistance to the association or its officers or directors, for failure to: Establish a reserve account; have a current reserve study prepared or updated in accordance with the requirements of this chapter; or make the reserve disclosures in accordance with this chapter.[ 2011 c 189 § 13.]NOTES:Effective date—2011 c 189: See note following RCW 64.38.065.
WA Rev Code § 64.38.090 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.38 - Homeowners' Associations.|64.38.090 - Reserve study—Exemptions.

RCW 64.38.090 Reserve study—Exemptions.Except as provided in RCW 64.90.080 and 64.90.545, an association is not required to follow the reserve study requirements under RCW 64.38.025 and RCW 64.38.065 through 64.38.085 if the cost of the reserve study exceeds five percent of the association's annual budget, the association does not have significant assets, or there are ten or fewer homes in the association.[ 2019 c 238 § 224; 2011 c 189 § 14.]NOTES:Effective date—2011 c 189: See note following RCW 64.38.065.
WA Rev Code § 64.38.095 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.38 - Homeowners' Associations.|64.38.095 - Application to common interest communities.

RCW 64.38.095 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 § 225; 2018 c 277 § 505.]NOTES:Effective date—2018 c 277: See RCW 64.90.910.
WA Rev Code § 64.40.010 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.40 - Property Rights—Damages From Governmental Actions.|64.40.010 - Definitions—Defense in action for damages.

RCW 64.40.010 Definitions—Defense in action for damages.As used in this chapter, the terms in this section shall have the meanings indicated unless the context clearly requires otherwise.(1) "Agency" means the state of Washington, any of its political subdivisions, including any city, town, or county, and any other public body exercising regulatory authority or control over the use of real property in the state.(2) "Permit" means any governmental approval required by law before an owner of a property interest may improve, sell, transfer, or otherwise put real property to use.(3) "Property interest" means any interest or right in real property in the state.(4) "Damages" means reasonable expenses and losses, other than speculative losses or profits, incurred between the time a cause of action arises and the time a holder of an interest in real property is granted relief as provided in RCW 64.40.020. Damages must be caused by an act, necessarily incurred, and actually suffered, realized, or expended, but are not based upon diminution in value of or damage to real property, or litigation expenses.(5) "Regulation" means any ordinance, resolution, or other rule or regulation adopted pursuant to the authority provided by state law, which imposes or alters restrictions, limitations, or conditions on the use of real property.(6) "Act" means a final decision by an agency which places requirements, limitations, or conditions upon the use of real property in excess of those allowed by applicable regulations in effect on the date an application for a permit is filed. "Act" also means the failure of an agency to act within time limits established by law in response to a property owner's application for a permit: PROVIDED, That there is no "act" within the meaning of this section when the owner of a property interest agrees in writing to extensions of time, or to the conditions or limitations imposed upon an application for a permit. "Act" shall not include lawful decisions of an agency which are designed to prevent a condition which would constitute a threat to the health, safety, welfare, or morals of residents in the area.In any action brought pursuant to this chapter, a defense is available to a political subdivision of this state that its act was mandated by a change in statute or state rule or regulation and that such a change became effective subsequent to the filing of an application for a permit.[ 1982 c 232 § 1.]
WA Rev Code § 64.40.020 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.40 - Property Rights—Damages From Governmental Actions.|64.40.020 - Applicant for permit—Actions for damages from governmental actions.

RCW 64.40.020 Applicant for permit—Actions for damages from governmental actions.(1) Owners of a property interest who have filed an application for a permit have an action for damages to obtain relief from acts of an agency which are arbitrary, capricious, unlawful, or exceed lawful authority, or relief from a failure to act within time limits established by law: PROVIDED, That the action is unlawful or in excess of lawful authority only if the final decision of the agency was made with knowledge of its unlawfulness or that it was in excess of lawful authority, or it should reasonably have been known to have been unlawful or in excess of lawful authority.(2) The prevailing party in an action brought pursuant to this chapter may be entitled to reasonable costs and attorney's fees.(3) No cause of action is created for relief from unintentional procedural or ministerial errors of an agency.(4) Invalidation of any regulation in effect prior to the date an application for a permit is filed with the agency shall not constitute a cause of action under this chapter.[ 1982 c 232 § 2.]NOTES:Findings—Recommendations—Reports encouraged—2007 c 231: See note following RCW 43.155.070.
WA Rev Code § 64.40.030 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.40 - Property Rights—Damages From Governmental Actions.|64.40.030 - Commencement of action—Time limitation.

RCW 64.40.030 Commencement of action—Time limitation.Any action to assert claims under the provisions of this chapter shall be commenced only within thirty days after all administrative remedies have been exhausted.[ 1982 c 232 § 3.]
WA Rev Code § 64.40.040 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.40 - Property Rights—Damages From Governmental Actions.|64.40.040 - Remedies cumulative.

RCW 64.40.040 Remedies cumulative.The remedies provided by this chapter are in addition to any other remedies provided by law.[ 1982 c 232 § 4.]
WA Rev Code § 64.44.005 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.44 - Contaminated Properties.|64.44.005 - Legislative finding.

RCW 64.44.005 Legislative finding.The legislature finds that some properties are being contaminated by hazardous chemicals used in unsafe or illegal ways in the manufacture of illegal drugs or by hazardous drugs contaminating transient accommodations regulated by the department. Innocent members of the public may be harmed by the residue left by these chemicals when the properties are subsequently rented or sold without having been decontaminated.[ 2017 c 115 § 1; 1990 c 213 § 1.]
WA Rev Code § 64.44.020 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.44 - Contaminated Properties.|64.44.020 - Reporting—Warning—Notice—Duties of local health officer.

RCW 64.44.020 Reporting—Warning—Notice—Duties of local health officer.Whenever a law enforcement agency becomes aware that property has been contaminated by hazardous chemicals, that agency shall report the contamination to the local health officer. The local health officer shall cause a posting of a written warning on the premises within one working day of notification of the contamination and shall inspect the property within fourteen days after receiving the notice of contamination. The warning posting for any property that includes a hotel or motel holding a current license under RCW 70.62.220, shall be limited to inside the room or on the door of the contaminated room and no written warning posting shall be posted in the lobby of the facility. The warning shall inform the potential occupants that hazardous chemicals may exist on, or have been removed from, the premises and that entry is unsafe. If a property owner believes that a tenant has contaminated property that was being leased or rented, and the property is vacated or abandoned, then the property owner shall contact the local health officer about the possible contamination. Local health officers or boards may charge property owners reasonable fees for inspections of suspected contaminated property requested by property owners.A local health officer may enter, inspect, and survey at reasonable times any properties for which there are reasonable grounds to believe that the property has become contaminated. If the property is contaminated, the local health officer shall post a written notice declaring that the officer intends to issue an order prohibiting use of the property as long as the property is contaminated.If access to the property is denied, a local health officer in consultation with law enforcement may seek a warrant for the purpose of conducting administrative inspections. A superior, district, or municipal court within the jurisdiction of the property may, based upon probable cause that the property is contaminated, issue warrants for the purpose of conducting administrative inspections.Local health officers must report all cases of contaminated property to the state department of health. The department may make the list of contaminated properties available to health associations, landlord and realtor organizations, prosecutors, and other interested groups. The department shall promptly update the list of contaminated properties to remove those which have been decontaminated according to provisions of this chapter.The local health officer may determine when the services of an authorized contractor are necessary.[ 2006 c 339 § 202; 1999 c 292 § 3; 1990 c 213 § 3.]NOTES:Intent—Part headings not law—2006 c 339: See notes following RCW 74.34.020.Finding—Intent—1999 c 292: See note following RCW 64.44.010.