reglab/housing_qa huggingface dataset:
WA Rev Code § 64.34.236 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.236 - Development rights.

RCW 64.34.236 Development rights.(1) To exercise any development right reserved under RCW 64.34.216(1)(j), the declarant shall prepare, execute, and record an amendment to the declaration under RCW 64.34.264, and comply with RCW 64.34.232. The declarant is the unit owner of any units thereby created. The amendment to the declaration shall assign an identifying number to each new unit created, and, except in the case of subdivision or conversion of units described in subsection (2) of this section, reallocate the allocated interests among all units. The amendment must describe any common elements and any limited common elements thereby created and, in the case of limited common elements, designate the unit to which each is allocated to the extent required by RCW 64.34.228.(2) Development rights may be reserved within any real property added to the condominium if the amendment adding that real property includes all matters required by RCW 64.34.216 or 64.34.220, as the case may be, and the survey map and plans include all matters required by RCW 64.34.232. This provision does not extend the time limit on the exercise of development rights imposed by the declaration pursuant to RCW 64.34.216(1)(j).(3) Whenever a declarant exercises a development right to subdivide or convert a unit previously created into additional units, common elements, or both:(a) If the declarant converts the unit entirely to common elements, the amendment to the declaration must reallocate all the allocated interests of that unit among the other units as if that unit had been taken by condemnation under RCW 64.34.060.(b) If the declarant subdivides the unit into two or more units, whether or not any part of the unit is converted into common elements, the amendment to the declaration must reallocate all the allocated interests of the unit among the units created by the subdivision in any reasonable and equitable manner prescribed by the declarant.(4) If the declaration provides, pursuant to RCW 64.34.216(1)(j), that all or a portion of the real property is subject to the development right of withdrawal:(a) If all the real property is subject to withdrawal, and the declaration or survey map or amendment thereto does not describe separate portions of real property subject to that right, none of the real property may be withdrawn if a unit in that portion of the real property is owned by a person other than the declarant; and(b) If a portion or portions are subject to withdrawal as described in the declaration or in the survey map or in any amendment thereto, no portion may be withdrawn if a unit in that portion of the real property is owned by a person other than the declarant.[1989 c 43 § 2-110.]
WA Rev Code § 64.34.240 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.240 - Alterations of units.

RCW 64.34.240 Alterations of units.Subject to the provisions of the declaration and other provisions of law, a unit owner:(1) May make any improvements or alterations to the owner's unit that do not affect the structural integrity or mechanical or electrical systems or lessen the support of any portion of the condominium;(2) May not change the appearance of the common elements or the exterior appearance of a unit without permission of the association;(3) After acquiring an adjoining unit or an adjoining part of an adjoining unit may, with approval of the board of directors, remove or alter any intervening partition or create apertures therein, even if the partition in whole or in part is a common element, if those acts do not adversely affect the structural integrity or mechanical or electrical systems or lessen the support of any portion of the condominium. Removal of partitions or creation of apertures under this subsection is not a relocation of boundaries. The board of directors shall approve a unit owner's request, which request shall include the plans and specifications for the proposed removal or alteration, under this subsection within thirty days, or within such other period provided by the declaration, unless the proposed alteration does not comply with this chapter or the declaration or impairs the structural integrity or mechanical or electrical systems in the condominium. The failure of the board of directors to act upon a request within such period shall be deemed approval thereof.[1989 c 43 § 2-111.]
WA Rev Code § 64.34.244 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.244 - Relocation of boundaries—Adjoining units.

RCW 64.34.244 Relocation of boundaries—Adjoining units.(1) Subject to the provisions of the declaration and other provisions of law, the boundaries between adjoining units may only be relocated by an amendment to the declaration upon application to the association by the owners of those units. If the owners of the adjoining units have specified a reallocation between their units of their allocated interests, the application must state the proposed reallocations. Unless the board of directors determines within thirty days, or such other period provided in the declaration, that the reallocations are unreasonable, the association shall prepare an amendment that identifies the units involved, states the reallocations, is executed by those unit owners, contains words of conveyance between them, and is recorded in the name of the grantor and the grantee.(2) The association shall obtain and record survey maps or plans complying with the requirements of RCW 64.34.232(4) necessary to show the altered boundaries between adjoining units and their dimensions and identifying numbers.[1989 c 43 § 2-112.]
WA Rev Code § 64.34.248 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.248 - Subdivision of units.

RCW 64.34.248 Subdivision of units.(1) If the declaration permits, a unit may be subdivided into two or more units. Subject to the provisions of the declaration and other provisions of law, upon application of a unit owner to subdivide a unit, the association shall prepare, execute, and record an amendment to the declaration, including survey maps and plans, subdividing that unit.(2) The amendment to the declaration must be executed by the owner of the unit to be subdivided, assign an identifying number to each unit created, and reallocate the allocated interests formerly allocated to the subdivided unit to the new units in any reasonable and equitable manner prescribed by the owner of the subdivided unit.[1989 c 43 § 2-113.]
WA Rev Code § 64.34.252 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.252 - Monuments as boundaries.

RCW 64.34.252 Monuments as boundaries.The physical boundaries of a unit constructed in substantial accordance with the original survey map and set of plans thereof become its boundaries rather than the metes and bounds expressed in the survey map or plans, regardless of settling or lateral movement of the building or minor variance between boundaries shown on the survey map or plans and those of the building. This section does not relieve a declarant or any other person of liability for failure to adhere to the survey map and plans.[1989 c 43 § 2-114.]
WA Rev Code § 64.34.256 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.256 - Use by declarant.

RCW 64.34.256 Use by declarant.A declarant may maintain sales offices, management offices, and models in units or on common elements in the condominium only if the declaration so provides and specifies the rights of a declarant with regard to the number, location, and relocation thereof. Any sales office, management office, or model not designated a unit by the declaration is a common element and, if a declarant ceases to be a unit owner, the declarant ceases to have any rights with regard thereto unless it is removed promptly from the condominium in accordance with a right to remove reserved in the declaration. Subject to any limitations in the declaration, a declarant may maintain signs on the common elements advertising the condominium. The provisions of this section are subject to the provisions of other state law and to local ordinances.[ 1992 c 220 § 11; 1989 c 43 § 2-115.]
WA Rev Code § 64.34.260 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.260 - Easement rights—Common elements.

RCW 64.34.260 Easement rights—Common elements.Subject to the provisions of the declaration, a declarant has an easement through the common elements as may be reasonably necessary for the purpose of discharging a declarant's obligations or exercising special declarant rights, whether arising under this chapter or reserved in the declaration.[1989 c 43 § 2-116.]
WA Rev Code § 64.34.264 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.264 - Amendment of declaration.

RCW 64.34.264 Amendment of declaration.(1) Except in cases of amendments that may be executed by a declarant under RCW 64.34.232(6) or 64.34.236; the association under RCW 64.34.060, 64.34.220(5), 64.34.228(3), 64.34.244(1), 64.34.248, or 64.34.268(8); or certain unit owners under RCW 64.34.228(2), 64.34.244(1), 64.34.248(2), or 64.34.268(2), and except as limited by subsection (4) of this section, the declaration, including the survey maps and plans, may be amended only by vote or agreement of unit owners of units to which at least sixty-seven percent of the votes in the association are allocated, or any larger percentage the declaration specifies: PROVIDED, That the declaration may specify a smaller percentage only if all of the units are restricted exclusively to nonresidential use.(2) No action to challenge the validity of an amendment adopted by the association pursuant to this section may be brought more than one year after the amendment is recorded.(3) Every amendment to the declaration must be recorded in every county in which any portion of the condominium is located, and is effective only upon recording. An amendment shall be indexed in the name of the condominium and shall contain a cross-reference by recording number to the declaration and each previously recorded amendment thereto.(4) Except to the extent expressly permitted or required by other provisions of this chapter, no amendment may create or increase special declarant rights, increase the number of units, change the boundaries of any unit, the allocated interests of a unit, or the uses to which any unit is restricted, in the absence of the vote or agreement of the owner of each unit particularly affected and the owners of units to which at least ninety percent of the votes in the association are allocated other than the declarant or such larger percentage as the declaration provides.(5) Amendments to the declaration required by this chapter to be recorded by the association shall be prepared, executed, recorded, and certified on behalf of the association by any officer of the association designated for that purpose or, in the absence of designation, by the president of the association.(6) No amendment may restrict, eliminate, or otherwise modify any special declarant right provided in the declaration without the consent of the declarant and any mortgagee of record with a security interest in the special declarant right or in any real property subject thereto, excluding mortgagees of units owned by persons other than the declarant.[1989 c 43 § 2-117.]
WA Rev Code § 64.34.272 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.272 - Rights of secured lenders.

RCW 64.34.272 Rights of secured lenders.The declaration may require that all or a specified number or percentage of the holders of mortgages encumbering the units approve specified actions of the unit owners or the association as a condition to the effectiveness of those actions, but no requirement for approval may operate to (1) deny or delegate control over the general administrative affairs of the association by the unit owners or the board of directors, or (2) prevent the association or the board of directors from commencing, intervening in, or settling any litigation or proceeding, or receiving and distributing any insurance proceeds except pursuant to RCW 64.34.352. With respect to any action requiring the consent of a specified number or percentage of mortgagees, the consent of only eligible mortgagees holding a first lien mortgage need be obtained and the percentage shall be based upon the votes attributable to units with respect to which eligible mortgagees have an interest.[1989 c 43 § 2-119.]
WA Rev Code § 64.34.276 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.276 - Master associations.

RCW 64.34.276 Master associations.(1) If the declaration provides that any of the powers described in RCW 64.34.304 are to be exercised by or may be delegated to a profit or nonprofit corporation which exercises those or other powers on behalf of a development consisting of one or more condominiums or for the benefit of the unit owners of one or more condominiums, all provisions of this chapter applicable to unit owners' associations apply to any such corporation, except as modified by this section.(2) Unless a master association is acting in the capacity of an association described in RCW 64.34.300, it may exercise the powers set forth in RCW 64.34.304(1)(b) only to the extent expressly permitted in the declarations of condominiums which are part of the master association or expressly described in the delegations of power from those condominiums to the master association.(3) If the declaration of any condominium provides that the board of directors may delegate certain powers to a master association, the members of the board of directors have no liability for the acts or omissions of the master association with respect to those powers following delegation.(4) The rights and responsibilities of unit owners with respect to the unit owners' association set forth in RCW 64.34.308, 64.34.332, 64.34.336, 64.34.340, and 64.34.348 apply in the conduct of the affairs of a master association only to those persons who elect the board of a master association, whether or not those persons are otherwise unit owners within the meaning of this chapter.(5) Notwithstanding the provisions of *RCW 64.34.308(6) with respect to the election of the board of directors of an association by all unit owners after the period of declarant control ends and even if a master association is also an association described in RCW 64.34.300, the certificate of incorporation or other instrument creating the master association and the declaration of each condominium, the powers of which are assigned by the declaration or delegated to the master association, must provide that the board of directors of the master association shall be elected after the period of declarant control in any of the following ways:(a) All unit owners of all condominiums subject to the master association may elect all members of that board of directors.(b) All members of the boards of directors of all condominiums subject to the master association may elect all members of that board of directors.(c) All unit owners of each condominium subject to the master association may elect specified members of that board of directors.(d) All members of the board of directors of each condominium subject to the master association may elect specified members of that board of directors.[1989 c 43 § 2-120.]NOTES:*Reviser's note: RCW 64.34.308 was amended by 2011 c 189 § 2, changing subsection (6) to subsection (7), effective January 1, 2012.
WA Rev Code § 64.34.280 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.280 - Merger or consolidation.

RCW 64.34.280 Merger or consolidation.(1) Any two or more condominiums, by agreement of the unit owners as provided in subsection (2) of this section, may be merged or consolidated into a single condominium. In the event of a merger or consolidation, unless the agreement otherwise provides, the resultant condominium is, for all purposes, the legal successor of all of the preexisting condominiums and the operations and activities of all associations of the preexisting condominiums shall be merged or consolidated into a single association which shall hold all powers, rights, obligations, assets, and liabilities of all preexisting associations.(2) An agreement of two or more condominiums to merge or consolidate pursuant to subsection (1) of this section must be evidenced by an agreement prepared, executed, recorded, and certified by the president of the association of each of the preexisting condominiums following approval by owners of units to which are allocated the percentage of votes in each condominium required to terminate that condominium. Any such agreement must be recorded in every county in which a portion of the condominium is located and is not effective until recorded.(3) Every merger or consolidation agreement must provide for the reallocation of the allocated interests in the new association among the units of the resultant condominium either (a) by stating the reallocations or the formulas upon which they are based or (b) by stating the portion of overall allocated interests of the new condominium which are allocated to all of the units comprising each of the preexisting condominiums, and providing that the percentages allocated to each unit formerly comprising a part of the preexisting condominium in such portion must be equal to the percentages of allocated interests allocated to that unit by the declaration of the preexisting condominium.(4) All merged or consolidated condominiums under this section shall comply with this chapter.[1989 c 43 § 2-121.]
WA Rev Code § 64.34.300 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.300 - Unit owners' association—Organization.

RCW 64.34.300 Unit owners' association—Organization. (Effective until January 1, 2022.)A unit owners' association shall be organized no later than the date the first unit in the condominium is conveyed. The membership of the association at all times shall consist exclusively of all the unit owners. Following termination of the condominium, the membership of the association shall consist of all of the unit owners at the time of termination entitled to distributions of proceeds under RCW 64.34.268 or their heirs, successors, or assigns. The association shall be organized as a profit or nonprofit corporation. In case of any conflict between Title 23B RCW, the business corporation act, chapter 24.03 RCW, the nonprofit corporation act, or chapter 24.06 RCW, the nonprofit miscellaneous and mutual corporations act, and this chapter, this chapter shall control.[ 1992 c 220 § 14; 1989 c 43 § 3-101.]RCW 64.34.300Unit owners' association—Organization. (Effective January 1, 2022.)A unit owners' association shall be organized no later than the date the first unit in the condominium is conveyed. The membership of the association at all times shall consist exclusively of all the unit owners. Following termination of the condominium, the membership of the association shall consist of all of the unit owners at the time of termination entitled to distributions of proceeds under RCW 64.34.268 or their heirs, successors, or assigns. The association shall be organized as a profit or nonprofit corporation. In case of any conflict between Title 23B RCW, the business corporation act, chapter 24.03A RCW, the nonprofit corporation act, or chapter 24.06 RCW, the nonprofit miscellaneous and mutual corporations act, and this chapter, this chapter shall control.[ 2021 c 176 § 5231; 1992 c 220 § 14; 1989 c 43 § 3-101.]NOTES:Effective date—2021 c 176: See note following RCW 24.03A.005.
WA Rev Code § 64.34.320 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.320 - Contracts and leases—Declarant—Termination.

RCW 64.34.320 Contracts and leases—Declarant—Termination.If entered into before the board of directors elected by the unit owners pursuant to *RCW 64.34.308(6) takes office, (1) any management contract, employment contract, or lease of recreational or parking areas or facilities, (2) any other contract or lease between the association and a declarant or an affiliate of a declarant, or (3) any contract or lease that is not bona fide or was unconscionable to the unit owners at the time entered into under the circumstances then prevailing may be terminated without penalty by the association at any time after the board of directors elected by the unit owners pursuant to *RCW 64.34.308(6) takes office upon not less than ninety days' notice to the other party or within such lesser notice period provided for without penalty in the contract or lease. This section does not apply to any lease, the termination of which would terminate the condominium or reduce its size, unless the real property subject to that lease was included in the condominium for the purpose of avoiding the right of the association to terminate a lease under this section.[1989 c 43 § 3-106.]NOTES:*Reviser's note: RCW 64.34.308 was amended by 2011 c 189 § 2, changing subsection (6) to subsection (7), effective January 1, 2012.
WA Rev Code § 64.34.324 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.34 - Condominium Act.|64.34.324 - Bylaws.

RCW 64.34.324 Bylaws.(1) Unless provided for in the declaration, the bylaws of the association shall provide for:(a) The number, qualifications, powers and duties, terms of office, and manner of electing and removing the board of directors and officers and filling vacancies;(b) Election by the board of directors of such officers of the association as the bylaws specify;(c) Which, if any, of its powers the board of directors or officers may delegate to other persons or to a managing agent;(d) Which of its officers may prepare, execute, certify, and record amendments to the declaration on behalf of the association;(e) The method of amending the bylaws; and(f) A statement of the standard of care for officers and members of the board of directors imposed by RCW 64.34.308(1).(2) Subject to the provisions of the declaration, the bylaws may provide for any other matters the association deems necessary and appropriate.(3) In determining the qualifications of any officer or director of the association, notwithstanding the provision of *RCW 64.34.020(32) the term "unit owner" in such context shall, unless the declaration or bylaws otherwise provide, be deemed to include any director, officer, partner in, or trustee of any person, who is, either alone or in conjunction with another person or persons, a unit owner. Any officer or director of the association who would not be eligible to serve as such if he or she were not a director, officer, partner in, or trustee of such a person shall be disqualified from continuing in office if he or she ceases to have any such affiliation with that person, or if that person would have been disqualified from continuing in such office as a natural person.[ 2004 c 201 § 3; 1992 c 220 § 16; 1989 c 43 § 3-107.]NOTES:*Reviser's note: RCW 64.34.020 was amended by 2008 c 115 § 8, changing subsection (32) to subsection (39). RCW 64.34.020 was subsequently alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (39) to subsection (42), effective January 1, 2012. RCW 64.34.020 was subsequently alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (42) to subsection (44).