reglab/housing_qa huggingface dataset:
WA Rev Code § 64.35.410 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.35 - Condominiums—Qualified Warranties.|64.35.410 - Authorized exclusions—General.

RCW 64.35.410 Authorized exclusions—General.(1) A qualified insurer may exclude from a qualified warranty:(a) Landscaping, both hard and soft, including plants, fencing, detached patios, planters not forming a part of the building envelope, gazebos, and similar structures;(b) Any commercial use area and any construction associated with a commercial use area;(c) Roads, curbs, and lanes;(d) Subject to subsection (2) of this section, site grading and surface drainage except as required by the building code;(e) Municipal services operation, including sanitary and storm sewer;(f) Septic tanks or septic fields;(g) The quality or quantity of water, from either a piped municipal water supply or a well;(h) A water well, but excluding equipment installed for the operation of a water well used exclusively for a unit, which equipment is part of the plumbing system for that unit for the purposes of the qualified warranty.(2) The exclusions permitted by subsection (1) of this section do not include any of the following:(a) A driveway or walkway;(b) Recreational and amenity facilities situated in, or included as the common property of, a unit;(c) A parking structure in a multiunit building;(d) A retaining wall that:(i) An authority with jurisdiction requires to be designed by a professional engineer; or(ii) Is reasonably required for the direct support of, or retaining soil away from, a unit, driveway, or walkway.[ 2004 c 201 § 601.]
WA Rev Code § 64.35.415 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.35 - Condominiums—Qualified Warranties.|64.35.415 - Authorized exclusions—Defects.

RCW 64.35.415 Authorized exclusions—Defects.A qualified insurer may exclude any or all of the following items from a qualified warranty:(1) Weathering, normal wear and tear, deterioration, or deflection consistent with normal industry standards;(2) Normal shrinkage of materials caused by drying after construction;(3) Any loss or damage which arises while a unit is being used primarily or substantially for nonresidential purposes;(4) Materials, labor, or design supplied by an owner;(5) Any damage to the extent caused or made worse by an owner or third party, including:(a) Negligent or improper maintenance or improper operation by anyone other than the declarant or its employees, agents, or subcontractors;(b) Failure of anyone, other than the declarant or its employees, agents, or subcontractors, to comply with the warranty requirements of the manufacturers of appliances, equipment, or fixtures;(c) Alterations to the unit, including converting nonliving space into living space or converting a unit into two or more units, by anyone other than the declarant or its employees, agents, or subcontractors while undertaking their obligations under the sales contract; and(d) Changes to the grading of the ground by anyone other than the declarant or its employees, agents, or subcontractors;(6) An owner failing to take timely action to prevent or minimize loss or damage, including failing to give prompt notice to the qualified insurer of a defect or discovered loss, or a potential defect or loss;(7) Any damage caused by insects, rodents, or other animals, unless the damage results from noncompliance with the building code by the declarant or its employees, agents, or subcontractors;(8) Accidental loss or damage from acts of nature including, but not limited to, fire, explosion, smoke, water escape, glass breakage, windstorm, hail, lightning, falling trees, aircraft, vehicles, flood, earthquake, avalanche, landslide, and changes in the level of the underground water table which are not reasonably foreseeable by the declarant;(9) Bodily injury or damage to personal property or real property which is not part of a unit;(10) Any defect in, or caused by, materials or work supplied by anyone other than the declarant, an affiliate of a declarant, or their respective contractors, employees, agents, or subcontractors;(11) Changes, alterations, or additions made to a unit by anyone after initial occupancy, except those performed by the declarant or its employees, agents, or subcontractors as required by the qualified warranty or under the construction contract or sales agreement;(12) Contaminated soil;(13) Subsidence of the land around a unit or along utility lines, other than subsidence beneath footings of a unit or under driveways or walkways;(14) Diminution in the value of the unit.[ 2004 c 201 § 701.]
WA Rev Code § 64.35.420 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.35 - Condominiums—Qualified Warranties.|64.35.420 - Limits on amounts—Calculation of costs—Adjustments.

RCW 64.35.420 Limits on amounts—Calculation of costs—Adjustments.(1) A qualified insurer may establish a monetary limit on the amount of the warranty. Any limit must not be less than:(a) For a unit, the lesser of (i) the original purchase price paid by the owner, or (ii) one hundred thousand dollars;(b) For common elements, the lesser of (i) the total original purchase price for all components of the multiunit building, or (ii) one hundred fifty thousand dollars times the number of units of the condominium.(2) When calculating the cost of warranty claims under the standard limits under a qualified warranty, a qualified insurer may include:(a) The cost of repairs;(b) The cost of any investigation, engineering, and design required for the repairs; and(c) The cost of supervision of repairs, including professional review, but excluding legal costs.(3) The minimum amounts in subsections (1) and (2) of this section shall be adjusted at the end of each calendar year after the effective date by an amount equal to the percentage change in the consumer price index for all urban consumers, all items, as published from time to time by the United States department of labor. The adjustment does not affect any qualified warranty issued before the adjustment date.[ 2004 c 201 § 801.]
WA Rev Code § 64.35.425 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.35 - Condominiums—Qualified Warranties.|64.35.425 - Prohibited policy provisions—Exclusions.

RCW 64.35.425 Prohibited policy provisions—Exclusions.(1) A qualified insurer must not include in a qualified warranty any provision that requires an owner or the association:(a) To sign a release before repairs are performed under the qualified warranty; or(b) To pay a deductible in excess of five hundred dollars for the repair of any defect in a unit covered by the qualified warranty, or in excess of the lesser of five hundred dollars per unit or ten thousand dollars in the aggregate for any defect in the common elements.(2) All exclusions must be permitted by this chapter and stated in the qualified warranty.[ 2004 c 201 § 901.]
WA Rev Code § 64.35.505 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.35 - Condominiums—Qualified Warranties.|64.35.505 - Failure to provide information—Conditions or exclusions may not apply.

RCW 64.35.505 Failure to provide information—Conditions or exclusions may not apply.(1) If coverage under a qualified warranty is conditional on an owner undertaking proper maintenance, or if coverage is excluded for damage caused by negligence by the owner or association with respect to maintenance or repair by the owner or association, the conditions or exclusions apply only to maintenance requirements or procedures: (a) Provided to the original owner in the case of the unit warranty, and to the association for the common element warranty with an estimation of the required cost thereof for the common element warranty provided in the budget prepared by the declarant; or (b) that would be obvious to a reasonable and prudent layperson. Recommended maintenance requirements and procedures are sufficient for purposes of this subsection if consistent with knowledge generally available in the construction industry at the time the qualified warranty is issued.(2) If an original owner or the association has not been provided with the manufacturer's documentation or warranty information, or both, or with recommended maintenance and repair procedures for any component of a unit, the relevant exclusion does not apply. The common element warranty is included in the written warranty to be provided to the association under RCW 64.34.312.[ 2004 c 201 § 1001.]
WA Rev Code § 64.35.510 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.35 - Condominiums—Qualified Warranties.|64.35.510 - Schedule of expiration dates must be provided.

RCW 64.35.510 Schedule of expiration dates must be provided.(1) A qualified insurer must, as soon as reasonably possible after the beginning date for the qualified warranty, provide an owner and association with a schedule of the expiration dates for coverages under the qualified warranty as applicable to the unit and the common elements, respectively.(2) The expiration date schedule for a unit must set out all the required dates on an adhesive label that is a minimum size of four inches by four inches and is suitable for affixing by the owner in a conspicuous location in the unit.[ 2004 c 201 § 1101.]
WA Rev Code § 64.35.515 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.35 - Condominiums—Qualified Warranties.|64.35.515 - Duty to mitigate may be required.

RCW 64.35.515 Duty to mitigate may be required.(1) The qualified insurer may require an owner or association to mitigate any damage to a unit or the common elements, including damage caused by defects or water penetration, as set out in the qualified warranty.(2) Subject to subsection (3) of this section, for defects covered by the qualified warranty, the duty to mitigate is met through timely notice in writing to the qualified insurer.(3) The owner must take all reasonable steps to restrict damage to the unit if the defect requires immediate attention.(4) The owner's duty to mitigate survives even if:(a) The unit is unoccupied;(b) The unit is occupied by someone other than the owner;(c) Water penetration does not appear to be causing damage; or(d) The owner advises the homeowners' association corporation about the defect.(5) If damage to a unit is caused or made worse by the failure of an owner to take reasonable steps to mitigate as set out in this section, the damage may, at the option of the qualified insurer, be excluded from qualified warranty coverage.[ 2004 c 201 § 1201.]
WA Rev Code § 64.35.520 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.35 - Condominiums—Qualified Warranties.|64.35.520 - Notice of claim—Reasonable timeliness and detail—Contents.

RCW 64.35.520 Notice of claim—Reasonable timeliness and detail—Contents.(1) Within a reasonable time after the discovery of a defect and before the expiration of the applicable qualified warranty coverage, a claimant must give to the qualified insurer and the declarant written notice in reasonable detail that provides particulars of any specific defects covered by the qualified warranty.(2) The qualified insurer may require the notice under subsection (1) of this section to include:(a) The qualified warranty number; and(b) Copies of any relevant documentation and correspondence between the claimant and the declarant, to the extent any such documentation and correspondence is in the control or possession of the claimant.[ 2004 c 201 § 1301.]
WA Rev Code § 64.35.525 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.35 - Condominiums—Qualified Warranties.|64.35.525 - Handling of claim—Prompt response—Procedures.

RCW 64.35.525 Handling of claim—Prompt response—Procedures.A qualified insurer must, on receipt of a notice of a claim under a qualified warranty, promptly make reasonable attempts to contact the claimant to arrange an evaluation of the claim. Claims shall be handled in accordance with the claims procedures set forth in rules by the insurance commissioner, and as follows:(1) The qualified insurer must make all reasonable efforts to avoid delays in responding to a claim under a qualified warranty, evaluating the claim, and scheduling any required repairs.(2) If, after evaluating a claim under a qualified warranty, the qualified insurer determines that the claim is not valid, or not covered under the qualified warranty, the qualified insurer must: (a) Notify the claimant of the decision in writing; (b) set out the reasons for the decision; and (c) set out the rights of the parties under the third-party dispute resolution process for the warranty.(3) Repairs must be undertaken in a timely manner, with reasonable consideration given to weather conditions and the availability of materials and labor.(4) On completing any repairs, the qualified insurer must deliver a copy of the repair specifications to the claimant along with a letter confirming the date the repairs were completed and referencing the repair warranty provided for in RCW 64.35.335.[ 2004 c 201 § 1401.]
WA Rev Code § 64.36.010 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.36 - Timeshare Regulation.|64.36.010 - Definitions.

RCW 64.36.010 Definitions.As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.(1) "Advertisement" means any written, printed, audio, or visual communication which is published in whole or part to sell, offer to sell, or solicit an offer for a timeshare.(2) "Affiliate of a promoter" means any person who controls, is controlled by, or is under the control of a promoter.(3) "Commercial promotional programs" mean packaging or putting together advertising or promotional materials involving promises of gifts, prizes, awards, or other items of value to solicit prospective purchasers to purchase a product or commodity.(4) "Director" means the director of licensing.(5) "Interval" means that period of time when a timeshare owner is entitled to the possession and use of the timeshare unit.(6) "Offer" means any inducement, solicitation, or attempt to encourage any person to acquire a timeshare.(7) "Person" means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, or other legal or commercial entity.(8) "Promoter" means any person directly or indirectly instrumental in organizing, wholly or in part, a timeshare offering.(9) "Purchaser" means any person, other than a promoter, who by means of a voluntary transfer acquires a legal or equitable interest in a timeshare, other than as security for an obligation.(10) "Sale" or "sell" includes every contract of sale of, contract to sell, or disposition of, a timeshare for value.(11) "Timeshare" means a right to occupy a unit or any of several units during three or more separate time periods over a period of at least three years, including renewal options, whether or not coupled with an estate in land.(12) "Timeshare expenses" means expenditures, fees, charges, or liabilities: (a) Incurred with respect to the timeshares by or on behalf of all timeshare owners in one timeshare property; and (b) imposed on the timeshare units by the entity governing a project of which the timeshare property is a part, together with any allocations to reserves but excluding purchase money payable for timeshares.(13) "Timeshare instrument" means one or more documents, by whatever name denominated, creating or regulating timeshares.(14) "Timeshare owner" means a person who is an owner or co-owner of a timeshare. If title to a timeshare is held in trust, "timeshare owner" means the beneficiary of the trust.(15) "Timeshare salesperson" means any natural person who offers a timeshare unit for sale.(16) "Unit" means the real or personal property, or portion thereof, in which the timeshare exists and which is designated for separate use.[ 1987 c 370 § 1; 1985 c 358 § 1; 1983 1st ex.s. c 22 § 1.]
WA Rev Code § 64.36.020 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.36 - Timeshare Regulation.|64.36.020 - Registration required before advertisement, solicitation, or offer—Requirements for registration—Exemption authorized—Penalties.

RCW 64.36.020 Registration required before advertisement, solicitation, or offer—Requirements for registration—Exemption authorized—Penalties.(1) A timeshare offering registration must be effective before any advertisement, solicitation of an offer, or any offer or sale of a timeshare may be made in this state.(2) An applicant shall apply for registration by filing with the director:(a) A copy of the disclosure document prepared in accordance with RCW 64.36.140 and signed by the applicant;(b) An application for registration prepared in accordance with RCW 64.36.030;(c) An irrevocable consent to service of process signed by the applicant;(d) The prescribed registration fee; and(e) Any other information the director may by rule require in the protection of the public interest.(3) The registration requirements do not apply to:(a) An offer, sale, or transfer of not more than one timeshare in any twelve-month period;(b) A gratuitous transfer of a timeshare;(c) A sale under court order;(d) A sale by a government or governmental agency;(e) A sale by forfeiture, foreclosure, or deed in lieu of foreclosure; or(f) A sale of a timeshare property or all timeshare units therein to any one purchaser.(4) The director may by rule or order exempt any potential registrant from the requirements of this chapter if the director finds registration is unnecessary for the protection of the public interest.(5)(a) Except as provided in (b) of this subsection, any person who violates this section is guilty of a gross misdemeanor.(b) Any person who knowingly violates this section is guilty of a class C felony punishable according to chapter 9A.20 RCW.(c) No indictment or information for a felony may be returned under this chapter more than five years after the alleged violation.[ 2003 c 53 § 289; 1983 1st ex.s. c 22 § 2.]NOTES:Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
WA Rev Code § 64.36.030 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.36 - Timeshare Regulation.|64.36.030 - Application for registration—Contents.

RCW 64.36.030 Application for registration—Contents.The application for registration signed by the promoter shall contain the following information on a form prescribed by the director:(1) The following financial statements showing the financial condition of the promoter and any affiliate:(a) A balance sheet as of a date within four months before the filing of the application for registration; and(b) Statements of income, shareholders' equity, and material changes in financial position as of the end of the last fiscal year and for any period between the end of the last fiscal year and the date of the last balance sheet;(2) A projected budget for the timeshare project for two years after the offering being made, including but not limited to source of revenues and expenses of construction, development, management, maintenance, advertisement, operating reserves, interest, and any other necessary reserves;(3) A statement of the selling costs per unit and total sales costs for the project, including sales commissions, advertisement fees, and fees for promotional literature;(4) A description of the background of the promoters for the previous ten years, including information about the business experience of the promoter and any relevant criminal convictions, civil law suits, or administrative actions related to such promotion during that period;(5) A statement disclosing any fees in excess of the stated price per unit to be charged to the purchasers, a description of their purpose, and the method of calculation;(6) A statement disclosing when and where the promoter or an affiliate has previously sold timeshares;(7) A statement of any liens, defects, or encumbrances on or affecting the title to the timeshare units;(8) Copies of all timeshare instruments; and(9) Any additional information to describe the risks which the director considers appropriate.[ 1983 1st ex.s. c 22 § 4.]
WA Rev Code § 64.36.035 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.36 - Timeshare Regulation.|64.36.035 - Applications for registration, consents to service, affidavits, and permits to market—Authorized signatures required—Corporate shield disclaimer prohibited.

RCW 64.36.035 Applications for registration, consents to service, affidavits, and permits to market—Authorized signatures required—Corporate shield disclaimer prohibited.(1) Applications, consents to service of process, affidavits, and permits to market shall be signed by the promoter, unless a trustee or person with power of attorney is specifically authorized to make such signatures. If the signature of a person with a power of attorney or trustee is used, the filing of the signature shall include a copy of the authorizations for the signature. No promoter or other person responsible under this chapter shall disclaim responsibility because the signature of a trustee or attorney-in-fact, or other substitute was used.(2) If the promoter is a corporation or a general partnership, each natural person therein, with a ten percent or greater interest or share in the promoter, shall, in addition to the promoter, be required to sign as required in this section, but may authorize a trustee or a person with power of attorney to make the signatures.(3) All persons required to use or authorizing the use of their signatures in this section, individually or otherwise, shall be responsible for affidavits, applications, and permits signed, and for compliance with the provisions of this chapter. Individuals whose signatures are required under this section shall not disclaim their responsibilities because of any corporate shield.[ 1987 c 370 § 2.]
WA Rev Code § 64.36.040 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.36 - Timeshare Regulation.|64.36.040 - Application for registration—When effective.

RCW 64.36.040 Application for registration—When effective.If no stop order is in effect and no proceeding is pending under RCW 64.36.100, a complete registration application becomes effective at 3:00 p.m. Pacific Standard Time on the afternoon of the thirtieth calendar day after the filing of the application or the last amendment or at such earlier time as the director determines.[ 2002 c 86 § 297; 1983 1st ex.s. c 22 § 5.]NOTES:Effective dates—2002 c 86: See note following RCW 18.08.340.Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.