reglab/housing_qa huggingface dataset:
WA Rev Code § 64.34.392 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.392 - Reserve account and study—Exemption—Disclosure.

RCW 64.34.392 Reserve account and study—Exemption—Disclosure.(1) Except as provided in RCW 64.90.080 and 64.90.545, a condominium association with ten or fewer unit owners is not required to follow the requirements under RCW 64.34.380 through 64.34.390 if two-thirds of the owners agree to exempt the association from the requirements.(2) The unit owners must agree to maintain an exemption under subsection (1) of this section by a two-thirds vote every three years.(3) Notwithstanding subsections (1) and (2) of this section, a disclosure that the condominium association does not have a reserve study must be included in a unit's public offering statement as required under RCW 64.34.410 or resale certificate as required under RCW 64.34.425.[ 2019 c 238 § 221; 2009 c 307 § 1.]
WA Rev Code § 64.34.394 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.394 - Installation of drought resistant landscaping or wildfire ignition resistant landscaping.

RCW 64.34.394 Installation of drought resistant landscaping or wildfire ignition resistant landscaping.(1) The declaration of a condominium and any bylaws, rules, and regulations adopted by the association may not prohibit the installation of drought resistant landscaping or wildfire ignition resistant landscaping. However, the declaration or bylaws, rules, and regulations may include reasonable rules regarding the placement and aesthetic appearance of drought resistant landscaping or wildfire ignition resistant landscaping, as long as the rules do not render the use of drought resistant landscaping or wildfire ignition resistant landscaping unreasonably costly or otherwise effectively infeasible.(2) If a property is located within the geographic designation of an order of a drought condition issued by the department of ecology under RCW 43.83B.405, an association may not impose a fine or assessment against an owner, or resident on the owner's property, for reducing or eliminating the watering of vegetation or lawns for the duration of the drought condition order.(3) Nothing in this section may be construed to prohibit or restrict the establishment and maintenance of a fire buffer within the building ignition zone.(4) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.(a) "Building ignition zone" means a building and surrounding area up to two hundred feet from the foundation.(b) "Drought resistant landscaping" means the use of any noninvasive vegetation adapted to arid or dry conditions, stone, or landscaping rock.(c) "Firewise" means the firewise communities program developed by the national fire protection association, which encourages local solutions for wildfire safety by involving homeowners, community leaders, planners, developers, firefighters, and others in the effort to protect people and property from wildfire risks.(d) "Wildfire ignition resistant landscaping" includes:(i) Any landscaping tools or techniques, or noninvasive vegetation, that do not readily ignite from a flame or other ignition source; or(ii) The use of firewise methods to reduce ignition risk in a building ignition zone.[ 2020 c 9 § 3.]NOTES:Findings—Intent—2020 c 9: See note following RCW 64.38.057.
WA Rev Code § 64.34.400 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.400 - Applicability—Waiver.

RCW 64.34.400 Applicability—Waiver.(1) This article applies to all units subject to this chapter, except as provided in subsection (2) of this section and unless and to the extent otherwise agreed to in writing by the seller and purchasers of those units that are restricted to nonresidential use in the declaration.(2) This article shall not apply in the case of:(a) A conveyance by gift, devise, or descent;(b) A conveyance pursuant to court order;(c) A disposition by a government or governmental agency;(d) A conveyance by foreclosure;(e) A disposition of all of the units in a condominium in a single transaction;(f) A disposition to other than a purchaser as defined in *RCW 64.34.020(26); or(g) A disposition that may be canceled at any time and for any reason by the purchaser without penalty.[ 1992 c 220 § 20; 1990 c 166 § 9; 1989 c 43 § 4-101.]NOTES:*Reviser's note: RCW 64.34.020 was amended by 2008 c 115 § 8, changing subsection (26) to subsection (29). RCW 64.34.020 was subsequently alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (29) to subsection (31), effective January 1, 2012. RCW 64.34.020 was subsequently alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (31) to subsection (32).Effective date—1990 c 166: See note following RCW 64.34.020.
WA Rev Code § 64.34.405 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.405 - Public offering statement—Requirements—Liability.

RCW 64.34.405 Public offering statement—Requirements—Liability.(1) Except as provided in subsection (2) of this section or when no public offering statement is required, a declarant shall prepare a public offering statement conforming to the requirements of RCW 64.34.410 and 64.34.415.(2) A declarant may transfer responsibility for preparation of all or a part of the public offering statement to a successor declarant pursuant to RCW 64.34.316 or to a dealer who intends to offer units in the condominium for the person's own account.(3) Any declarant or dealer who offers a unit for the person's own account to a purchaser shall deliver a public offering statement in the manner prescribed in RCW 64.34.420(1). Any agent, attorney, or other person assisting the declarant or dealer in preparing the public offering statement may rely upon information provided by the declarant or dealer without independent investigation. The agent, attorney, or other person shall not be liable for any material misrepresentation in or omissions of material facts from the public offering statement unless the person had actual knowledge of the misrepresentation or omission at the time the public offering statement was prepared. The declarant or dealer shall be liable for any misrepresentation contained in the public offering statement or for any omission of material fact therefrom if the declarant or dealer had actual knowledge of the misrepresentation or omission or, in the exercise of reasonable care, should have known of the misrepresentation or omission.(4) If a unit is part of a condominium and is part of another real property regime in connection with the sale of which the delivery of a public offering statement is required under the laws of this state, a single public offering statement, conforming to the requirements of RCW 64.34.410 and 64.34.415 as those requirements relate to all real property regimes in which the unit is located and conforming to any other requirements imposed under the laws of this state, may be prepared and delivered in lieu of providing two or more public offering statements.[1989 c 43 § 4-102.]
WA Rev Code § 64.34.415 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.415 - Public offering statement—Conversion condominiums.

RCW 64.34.415 Public offering statement—Conversion condominiums.(1) The public offering statement of a conversion condominium shall contain, in addition to the information required by RCW 64.34.410:(a) Either a copy of a report prepared by an independent, licensed architect or engineer, or a statement by the declarant based on such report, which report or statement describes, to the extent reasonably ascertainable, the present condition of all structural components and mechanical and electrical installations material to the use and enjoyment of the condominium;(b) A copy of the inspection and repair report prepared by an independent, licensed architect, engineer, or qualified building inspector in accordance with the requirements of RCW 64.55.090;(c) A statement by the declarant of the expected useful life of each item reported on in (a) of this subsection or a statement that no representations are made in that regard; and(d) A list of any outstanding notices of uncured violations of building code or other municipal regulations, together with the estimated cost of curing those violations. Unless the purchaser waives in writing the curing of specific violations, the extent to which the declarant will cure such violations prior to the closing of the sale of a unit in the condominium shall be included.(2) This section applies only to condominiums containing units that may be occupied for residential use.[ 2005 c 456 § 18; 1992 c 220 § 22; 1990 c 166 § 10; 1989 c 43 § 4-104.]NOTES:Effective date—2005 c 456: See RCW 64.55.901.Effective date—1990 c 166: See note following RCW 64.34.020.
WA Rev Code § 64.34.417 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.417 - Public offering statement—Use of single disclosure document.

RCW 64.34.417 Public offering statement—Use of single disclosure document.If a unit is offered for sale for which the delivery of a public offering statement or other disclosure document is required under the laws of any state or the United States, a single disclosure document conforming to the requirements of RCW 64.34.410 and 64.34.415 and conforming to any other requirement imposed under such laws, may be prepared and delivered in lieu of providing two or more disclosure documents.[ 1990 c 166 § 11.]NOTES:Effective date—1990 c 166: See note following RCW 64.34.020.
WA Rev Code § 64.34.418 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.418 - Public offering statement—Contract of sale—Restriction on interest conveyed.

RCW 64.34.418 Public offering statement—Contract of sale—Restriction on interest conveyed.In the case of a sale of a unit where delivery of a public offering statement is required, a contract of sale may be executed, but no interest in that unit may be conveyed until (1) the declaration and survey map and plans which create the condominium in which that unit is located are recorded pursuant to RCW 64.34.200 and 64.34.232 and (2) the unit is substantially completed and available for occupancy, unless the declarant and purchaser have otherwise specifically agreed in writing as to the extent to which the unit will not be substantially completed and available for occupancy at the time of conveyance.[ 1990 c 166 § 15.]NOTES:Effective date—1990 c 166: See note following RCW 64.34.020.
WA Rev Code § 64.34.420 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.420 - Purchaser's right to cancel.

RCW 64.34.420 Purchaser's right to cancel.(1) A person required to deliver a public offering statement pursuant to RCW 64.34.405(3) shall provide a purchaser of a unit with a copy of the public offering statement and all material amendments thereto before conveyance of that unit. Unless a purchaser is given the public offering statement more than seven days before execution of a contract for the purchase of a unit, the purchaser, before conveyance, shall have the right to cancel the contract within seven days after first receiving the public offering statement and, if necessary to have seven days to review the public offering statement and cancel the contract, to extend the closing date for conveyance to a date not more than seven days after first receiving the public offering statement. The purchaser shall have no right to cancel the contract upon receipt of an amendment unless the purchaser would have that right under generally applicable legal principles.(2) If a purchaser elects to cancel a contract pursuant to subsection (1) of this section, the purchaser may do so by hand-delivering notice thereof to the offeror or by mailing notice thereof by prepaid United States mail to the offeror or to his or her agent for service of process. Cancellation is without penalty, and all payments made by the purchaser before cancellation shall be refunded promptly.(3) If a person required to deliver a public offering statement pursuant to RCW 64.34.405(3) fails to provide a purchaser to whom a unit is conveyed with that public offering statement and all material amendments thereto as required by subsection (1) of this section, the purchaser is entitled to receive from that person an amount equal to the greater of (a) actual damages, or (b) ten percent of the sales price of the unit for a willful failure by the declarant or three percent of the sales price of the unit for any other failure. There shall be no liability for failure to deliver any amendment unless such failure would have entitled the purchaser under generally applicable legal principles to cancel the contract for the purchase of the unit had the undisclosed information been evident to the purchaser before the closing of the purchase.[1989 c 43 § 4-106.]
WA Rev Code § 64.34.430 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.430 - Escrow of deposits.

RCW 64.34.430 Escrow of deposits.Any deposit made in connection with the purchase or reservation of a unit from a person required to deliver a public offering statement pursuant to RCW 64.34.405(3) shall be placed in escrow and held in this state in an escrow or trust account designated solely for that purpose by a licensed title insurance company, an attorney, a real estate broker, an independent bonded escrow company, or an institution whose accounts are insured by a governmental agency or instrumentality until: (1) Delivered to the declarant at closing; (2) delivered to the declarant because of purchaser's default under a contract to purchase the unit; (3) refunded to the purchaser; or (4) delivered to a court in connection with the filing of an interpleader action.[ 1992 c 220 § 24; 1989 c 43 § 4-108.]
WA Rev Code § 64.34.435 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.435 - Release of liens—Conveyance.

RCW 64.34.435 Release of liens—Conveyance.(1) At the time of the first conveyance of each unit, every mortgage, lien, or other encumbrance affecting that unit and any other unit or units or real property, other than the percentage of undivided interest of that unit in the common elements, shall be paid and satisfied of record, or the unit being conveyed and its undivided interest in the common elements shall be released therefrom by partial release duly recorded or the purchaser of that unit shall receive title insurance from a licensed title insurance company against such mortgage, lien or other encumbrance. This subsection does not apply to any real property which a declarant has the right to withdraw.(2) Before conveying real property to the association the declarant shall have that real property released from: (a) All liens the foreclosure of which would deprive unit owners of any right of access to or easement of support of their units; and (b) all other liens on that real property unless the public offering statement describes certain real property which may be conveyed subject to liens in specified amounts.[1989 c 43 § 4-109.]
WA Rev Code § 64.34.442 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.442 - Conversion condominium projects—Report.

RCW 64.34.442 Conversion condominium projects—Report.(1) All cities and counties planning under RCW 36.70A.040, which have allowed any conversion condominiums within the jurisdiction within the previous twelve-month period, must report annually to the *department of community, trade, and economic development the following information:(a) The total number of apartment units converted into condominiums;(b) The total number of conversion condominium projects; and(c) The total number of apartment tenants who receive relocation assistance.(2) Upon completion of a conversion condominium project, a city or county may require the declarant to provide the information described in subsection (1) of this section to the appropriately designated department or agency in the city or county for the purpose of complying with subsection (1) of this section.[ 2008 c 113 § 3.]NOTES:*Reviser's note: The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565.Application—Effective date—2008 c 113: See notes following RCW 64.34.440.
WA Rev Code § 64.34.443 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.443 - Express warranties of quality.

RCW 64.34.443 Express warranties of quality.(1) Express warranties made by any seller to a purchaser of a unit, if relied upon by the purchaser, are created as follows:(a) Any written affirmation of fact or promise which relates to the unit, its use, or rights appurtenant thereto, area improvements to the condominium that would directly benefit the unit, or the right to use or have the benefit of facilities not located in the condominium creates an express warranty that the unit and related rights and uses will conform to the affirmation or promise;(b) Any model or written description of the physical characteristics of the condominium at the time the purchase agreement is executed, including plans and specifications of or for improvements, creates an express warranty that the condominium will conform to the model or description except pursuant to *RCW 64.34.410(1)(v);(c) Any written description of the quantity or extent of the real property comprising the condominium, including plats or surveys, creates an express warranty that the condominium will conform to the description, subject to customary tolerances; and(d) A written provision that a buyer may put a unit only to a specified use is an express warranty that the specified use is lawful.(2) Neither formal words, such as "warranty" or "guarantee," nor a specific intention to make a warranty are necessary to create an express warranty of quality, but a statement purporting to be merely an opinion or commendation of the real estate or its value does not create a warranty. A purchaser may not rely on any representation or express warranty unless it is contained in the public offering statement or made in writing signed by the declarant or declarant's agent identified in the public offering statement.(3) Any conveyance of a unit transfers to the purchaser all express warranties of quality made by previous sellers.[ 1989 c 428 § 2.]NOTES:*Reviser's note: RCW 64.34.410 was amended by 1997 c 400 § 1, changing subsection (1)(v) to subsection (1)(w).Captions—1989 c 428: "Section captions as used in this act do not constitute any part of the law." [ 1989 c 428 § 6.]Effective date—1989 c 428: "*Sections 1 through 4 of this act shall take effect July 1, 1990." [ 1989 c 428 § 7.]*Reviser's note: Sections 1, 3, and 4 of this act were vetoed by the governor.
WA Rev Code § 64.34.445 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.445 - Implied warranties of quality—Breach.

RCW 64.34.445 Implied warranties of quality—Breach.(1) A declarant and any dealer warrants that a unit will be in at least as good condition at the earlier of the time of the conveyance or delivery of possession as it was at the time of contracting, reasonable wear and tear and damage by casualty or condemnation excepted.(2) A declarant and any dealer impliedly warrants that a unit and the common elements in the condominium are suitable for the ordinary uses of real estate of its type and that any improvements made or contracted for by such declarant or dealer will be:(a) Free from defective materials;(b) Constructed in accordance with sound engineering and construction standards;(c) Constructed in a workmanlike manner; and(d) Constructed in compliance with all laws then applicable to such improvements.(3) A declarant and any dealer warrants to a purchaser of a unit that may be used for residential use that an existing use, continuation of which is contemplated by the parties, does not violate applicable law at the earlier of the time of conveyance or delivery of possession.(4) Warranties imposed by this section may be excluded or modified as specified in RCW 64.34.450.(5) For purposes of this section, improvements made or contracted for by an affiliate of a declarant, as defined in RCW 64.34.020(1), are made or contracted for by the declarant.(6) Any conveyance of a unit transfers to the purchaser all of the declarant's implied warranties of quality.(7) In a judicial proceeding for breach of any of the obligations arising under this section, the plaintiff must show that the alleged breach has adversely affected or will adversely affect the performance of that portion of the unit or common elements alleged to be in breach. As used in this subsection, an "adverse effect" must be more than technical and must be significant to a reasonable person. To establish an adverse effect, the person alleging the breach is not required to prove that the breach renders the unit or common element uninhabitable or unfit for its intended purpose.(8) Proof of breach of any obligation arising under this section is not proof of damages. Damages awarded for a breach of an obligation arising under this section are the cost of repairs. However, if it is established that the cost of such repairs is clearly disproportionate to the loss in market value caused by the breach, then damages shall be limited to the loss in market value.[ 2004 c 201 § 5; 1992 c 220 § 26; 1989 c 43 § 4-112.]NOTES:Application—2004 c 201 §§ 5 and 6: "Sections 5 and 6 of this act apply only to condominiums created by declarations recorded on or after July 1, 2004." [ 2004 c 201 § 12.]
WA Rev Code § 64.34.450 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.450 - Implied warranties of quality—Exclusion—Modification—Disclaimer—Express written warranty.

RCW 64.34.450 Implied warranties of quality—Exclusion—Modification—Disclaimer—Express written warranty.(1) For units intended for nonresidential use, implied warranties of quality:(a) May be excluded or modified by written agreement of the parties; and(b) Are excluded by written expression of disclaimer, such as "as is," "with all faults," or other language which in common understanding calls the buyer's attention to the exclusion of warranties.(2) For units intended for residential use, no disclaimer of implied warranties of quality is effective, except that a declarant or dealer may disclaim liability in writing, in type that is bold faced, capitalized, underlined, or otherwise set out from surrounding material so as to be conspicuous, and separately signed by the purchaser, for a specified defect or specified failure to comply with applicable law, if: (a) The declarant or dealer knows or has reason to know that the specific defect or failure exists at the time of disclosure; (b) the disclaimer specifically describes the defect or failure; and (c) the disclaimer includes a statement as to the effect of the defect or failure.(3) A declarant or dealer may offer an express written warranty of quality only if the express written warranty does not reduce protections provided to the purchaser by the implied warranty set forth in RCW 64.34.445.[ 2004 c 201 § 6; 1989 c 43 § 4-113.]NOTES:Application—2004 c 201 §§ 5 and 6: See note following RCW 64.34.445.