reglab/housing_qa huggingface dataset:
WA Rev Code § 64.34.328 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.328 - Upkeep of condominium.

RCW 64.34.328 Upkeep of condominium.(1) Except to the extent provided by the declaration, subsection (2) of this section, or RCW 64.34.352(7), the association is responsible for maintenance, repair, and replacement of the common elements, including the limited common elements, and each unit owner is responsible for maintenance, repair, and replacement of the owner's unit. Each unit owner shall afford to the association and the other unit owners, and to their agents or employees, access through the owner's unit and limited common elements reasonably necessary for those purposes. If damage is inflicted on the common elements, or on any unit through which access is taken, the unit owner responsible for the damage, or the association if it is responsible, shall be liable for the repair thereof.(2) In addition to the liability that a declarant as a unit owner has under this chapter, the declarant alone is liable for all expenses in connection with real property subject to development rights except that the declaration may provide that the expenses associated with the operation, maintenance, repair, and replacement of a common element that the owners have a right to use shall be paid by the association as a common expense. No other unit owner and no other portion of the condominium is subject to a claim for payment of those expenses. Unless the declaration provides otherwise, any income or proceeds from real property subject to development rights inures to the declarant.[1989 c 43 § 3-108.]
WA Rev Code § 64.34.332 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.332 - Meetings.

RCW 64.34.332 Meetings.(1) A meeting of the association must be held at least once each year. Special meetings of the association may be called by the president, a majority of the board of directors, or by unit owners having twenty percent or any lower percentage specified in the declaration or bylaws of the votes in the association. Not less than fourteen nor more than fifty days in advance of any meeting, the secretary or other officer specified in the bylaws shall cause notice to be provided in accordance with this chapter. The notice of any meeting shall state the time and place of the meeting and the items on the agenda to be voted on by the members, including the general nature of any proposed amendment to the declaration or bylaws, changes in the previously approved budget that result in a change in assessment obligations, and any proposal to remove a director or officer.(2) Except as otherwise restricted by the declaration, bylaws, or articles of incorporation, meetings of unit owners may be conducted by telephonic, video, or other conferencing process, if: (a) The meeting notice states the conferencing process to be used and provides information explaining how unit owners may participate in the conference directly or by meeting at a central location or conference connection; and (b) the process provides all unit owners the opportunity to hear or perceive the discussion and to comment.[ 2021 c 227 § 5; 1989 c 43 § 3-109.]
WA Rev Code § 64.34.336 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.336 - Quorums.

RCW 64.34.336 Quorums.(1) Unless the bylaws specify a larger percentage, a quorum is present throughout any meeting of the association if the owners of units to which twenty-five percent of the votes of the association are allocated are present in person or by proxy at the beginning of the meeting.(2) Unless the bylaws specify a larger percentage, a quorum is deemed present throughout any meeting of the board of directors if persons entitled to cast fifty percent of the votes on the board of directors are present at the beginning of the meeting.[1989 c 43 § 3-110.]
WA Rev Code § 64.34.344 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.344 - Tort and contract liability.

RCW 64.34.344 Tort and contract liability.Neither the association nor any unit owner except the declarant is liable for that declarant's torts in connection with any part of the condominium which that declarant has the responsibility to maintain. Otherwise, an action alleging a wrong done by the association must be brought against the association and not against any unit owner or any officer or director of the association. Unless the wrong was done by a unit owner other than the declarant, if the wrong by the association occurred during any period of declarant control and the association gives the declarant reasonable notice of and an opportunity to defend against the action, the declarant who then controlled the association is liable to the association or to any unit owner: (1) For all tort losses not covered by insurance suffered by the association or that unit owner; and (2) for all costs which the association would not have incurred but for a breach of contract or other wrongful act or omission by the association. If the declarant does not defend the action and is determined to be liable to the association under this section, the declarant is also liable for all litigation expenses, including reasonable attorneys' fees, incurred by the association in such defense. Any statute of limitations affecting the association's right of action under this section is tolled until the period of declarant control terminates. A unit owner is not precluded from bringing an action contemplated by this section because he or she is a unit owner or a member or officer of the association. Liens resulting from judgments against the association are governed by RCW 64.34.368.[1989 c 43 § 3-112.]
WA Rev Code § 64.34.348 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.348 - Common elements—Conveyance—Encumbrance.

RCW 64.34.348 Common elements—Conveyance—Encumbrance.(1) Portions of the common elements which are not necessary for the habitability of a unit may be conveyed or subjected to a security interest by the association if the owners of units to which at least eighty percent of the votes in the association are allocated, including eighty percent of the votes allocated to units not owned by a declarant or an affiliate of a declarant, or any larger percentage the declaration specifies, agree to that action; but all the owners of units to which any limited common element is allocated must agree in order to convey that limited common element or subject it to a security interest. The declaration may specify a smaller percentage, but not less than sixty-seven percent of the votes not held by a declarant or an affiliate of a declarant, only if all of the units are restricted exclusively to nonresidential uses. Proceeds of the sale or financing are an asset of the association. The declaration may provide for a special allocation or distribution of the proceeds of the sale or refinancing of a limited common element.(2) An agreement to convey common elements or subject them to a security interest must be evidenced by the execution of an agreement, or ratifications thereof, in the same manner as a deed, by the requisite number of unit owners. The agreement must specify a date after which the agreement will be void unless recorded before that date. The agreement and all ratifications thereof must be recorded in every county in which a portion of the condominium is situated and is effective only upon recording.(3) The association, on behalf of the unit owners, may contract to convey common elements or subject them to a security interest, but the contract is not enforceable against the association until approved pursuant to subsections (1) and (2) of this section. Thereafter, the association has all powers necessary and appropriate to effect the conveyance or encumbrance, including the power to execute deeds or other instruments.(4) Any purported conveyance, encumbrance, or other voluntary transfer of common elements, unless made pursuant to this section, is void.(5) A conveyance or encumbrance of common elements pursuant to this section shall not deprive any unit of its rights of access and support.(6) A conveyance or encumbrance of common elements pursuant to this section shall not affect the priority or validity of preexisting encumbrances.[1989 c 43 § 3-113.]
WA Rev Code § 64.34.354 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.354 - Insurance—Conveyance.

RCW 64.34.354 Insurance—Conveyance.Promptly upon the conveyance of a unit, the new unit owner shall notify the association of the date of the conveyance and the unit owner's name and address. The association shall notify each insurance company that has issued an insurance policy to the association for the benefit of the owners under RCW 64.34.352 of the name and address of the new owner and request that the new owner be made a named insured under such policy.[ 1990 c 166 § 8.]NOTES:Effective date—1990 c 166: See note following RCW 64.34.020.
WA Rev Code § 64.34.356 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.356 - Surplus funds.

RCW 64.34.356 Surplus funds.Unless otherwise provided in the declaration, any surplus funds of the association remaining after payment of or provision for common expenses and any prepayment of reserves shall, in the discretion of the board of directors, either be paid to the unit owners in proportion to their common expense liabilities or credited to them to reduce their future common expense assessments.[1989 c 43 § 3-115.]
WA Rev Code § 64.34.360 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.360 - Common expenses—Assessments.

RCW 64.34.360 Common expenses—Assessments.(1) Until the association makes a common expense assessment, the declarant shall pay all common expenses. After any assessment has been made by the association, assessments must be made against all units, based on a budget adopted by the association.(2) Except for assessments under subsections (3), (4), and (5) of this section, all common expenses must be assessed against all the units in accordance with the allocations set forth in the declaration pursuant to RCW 64.34.224(1). Any past due common expense assessment or installment thereof bears interest at the rate established by the association pursuant to RCW 64.34.364.(3) To the extent required by the declaration:(a) Any common expense associated with the operation, maintenance, repair, or replacement of a limited common element shall be paid by the owner of or assessed against the units to which that limited common element is assigned, equally, or in any other proportion that the declaration provides;(b) Any common expense or portion thereof benefiting fewer than all of the units must be assessed exclusively against the units benefited;(c) The costs of insurance must be assessed in proportion to risk; and(d) The costs of utilities must be assessed in proportion to usage.(4) Assessments to pay a judgment against the association pursuant to RCW 64.34.368(1) may be made only against the units in the condominium at the time the judgment was entered in proportion to their allocated common expense liabilities at the time the judgment was entered.(5) To the extent that any common expense is caused by the misconduct of any unit owner, the association may assess that expense against the owner's unit.(6) If common expense liabilities are reallocated, common expense assessments and any installment thereof not yet due shall be recalculated in accordance with the reallocated common expense liabilities.[ 1990 c 166 § 5; 1989 c 43 § 3-116.]NOTES:Effective date—1990 c 166: See note following RCW 64.34.020.
WA Rev Code § 64.34.368 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.368 - Liens—General provisions.

RCW 64.34.368 Liens—General provisions.(1) Except as provided in subsection (2) of this section, a judgment for money against the association perfected under RCW 4.64.020 is a lien in favor of the judgment lienholder against all of the units in the condominium and their interest in the common elements at the time the judgment was entered. No other property of a unit owner is subject to the claims of creditors of the association.(2) If the association has granted a security interest in the common elements to a creditor of the association pursuant to RCW 64.34.348, the holder of that security interest shall exercise its right first against such common elements before its judgment lien on any unit may be enforced.(3) Whether perfected before or after the creation of the condominium, if a lien other than a mortgage, including a judgment lien or lien attributable to work performed or materials supplied before creation of the condominium, becomes effective against two or more units, the unit owner of an affected unit may pay to the lienholder the amount of the lien attributable to the owner's unit, and the lienholder, upon receipt of payment, promptly shall deliver a release of the lien covering that unit. The amount of the payment must be proportionate to the ratio which that unit owner's allocated common expense liability bears to the allocated common expense liabilities of all unit owners whose units are subject to the lien. After payment, the association may not assess or have a lien against that unit owner's unit for any portion of the common expenses incurred in connection with that lien.(4) A judgment against the association shall be filed in the name of the condominium and the association and, when so filed, is notice of the lien against the units.[1989 c 43 § 3-118.]
WA Rev Code § 64.34.372 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.372 - Association records—Funds.

RCW 64.34.372 Association records—Funds.(1) The association shall keep financial records sufficiently detailed to enable the association to comply with RCW 64.34.425. All financial and other records of the association, including but not limited to checks, bank records, and invoices, are the property of the association, but shall be made reasonably available for examination and copying by the manager of the association, any unit owner, or the owner's authorized agents. At least annually, the association shall prepare, or cause to be prepared, a financial statement of the association in accordance with generally accepted accounting principles. The financial statements of condominiums consisting of fifty or more units shall be audited at least annually by a certified public accountant. In the case of a condominium consisting of fewer than fifty units, an annual audit is also required but may be waived annually by unit owners other than the declarant of units to which sixty percent of the votes are allocated, excluding the votes allocated to units owned by the declarant.(2) The funds of an 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. Any reserve funds of an association shall be kept in a segregated account and any transaction affecting such funds, including the issuance of checks, shall require the signature of at least two persons who are officers or directors of the association.[ 1992 c 220 § 19; 1990 c 166 § 7; 1989 c 43 § 3-119.]NOTES:Effective date—1990 c 166: See note following RCW 64.34.020.
WA Rev Code § 64.34.376 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.376 - Association as trustee.

RCW 64.34.376 Association as trustee.With respect to a third person dealing with the association in the association's capacity as a trustee, the existence of trust powers and their proper exercise by the association may be assumed without inquiry. A third person is not bound to inquire whether the association has power to act as trustee or is properly exercising trust powers. A third person, without actual knowledge that the association is exceeding or improperly exercising its powers, is fully protected in dealing with the association as if it possessed and properly exercised the powers it purports to exercise. A third person is not bound to assure the proper application of trust assets paid or delivered to the association in its capacity as trustee.[1989 c 43 § 3-120.]
WA Rev Code § 64.34.380 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.380 - Reserve account—Reserve study—Annual update.

RCW 64.34.380 Reserve account—Reserve study—Annual update.(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 RCW 64.34.224(1). 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) Except as provided in RCW 64.90.080 and 64.90.545, this section and RCW 64.34.382 through 64.34.392 apply to condominiums governed by chapter 64.32 RCW or this chapter and intended in whole or in part for residential purposes. These sections do not apply to condominiums consisting solely of units that are restricted in the declaration to nonresidential use. An association's governing documents may contain stricter requirements.[ 2019 c 238 § 220; 2011 c 189 § 3; 2008 c 115 § 1.]NOTES:Effective date—2011 c 189: See note following RCW 64.38.065.
WA Rev Code § 64.34.384 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.384 - Reserve account—Withdrawals.

RCW 64.34.384 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 unit or to any other mailing address designated in writing by the unit 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 unit 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 § 5; 2008 c 115 § 3.]NOTES:Effective date—2011 c 189: See note following RCW 64.38.065.
WA Rev Code § 64.34.386 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.386 - Reserve study—Demand by owners—Study not timely prepared.

RCW 64.34.386 Reserve study—Demand by owners—Study not timely prepared.(1) Where more than three years have passed since the date of the last reserve study prepared by a reserve study professional, the owners of the units to which at least twenty 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 obtained 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 unit owners making the demand reasonable assurance that the board of directors will include a reserve study in the next budget and, if the budget is not rejected by the owners, will arrange for the completion of a reserve study.(2) In the event a written demand 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 ten percent of the association's annual budget.(3) A unit owner's duty to pay for common expenses shall not be excused because of the association's failure to comply with this section or RCW 64.34.382 through 64.34.390. A budget ratified by the unit owners under RCW 64.34.308(3) may not be invalidated because of the association's failure to comply with this section or RCW 64.34.382 through 64.34.390.[ 2008 c 115 § 4.]
WA Rev Code § 64.34.388 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.388 - Reserve study—Decision making.

RCW 64.34.388 Reserve study—Decision making.Subject to RCW 64.34.386, the decisions relating to the preparation and updating of a reserve study must be made by the board of directors of the association in the exercise of the reasonable discretion of the board. Such decisions must include whether a reserve study will be prepared or updated, and whether the assistance of a reserve study professional will be utilized.[ 2008 c 115 § 5.]
WA Rev Code § 64.34.390 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.390 - Reserve study—Reserve account—Immunity from liability.

RCW 64.34.390 Reserve study—Reserve account—Immunity from 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 RCW 64.34.380 through 64.34.388; or make the reserve disclosures in accordance with RCW 64.34.382 and 64.34.410(1)(oo) and 64.34.425(1)(s).[ 2008 c 115 § 6.]