reglab/statecodes huggingface dataset:
2023 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.]
2023 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.]
2023 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.
2023 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.]
2023 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.
2023 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.]
2023 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.]
2023 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.
2023 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.
2023 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.]
2023 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.]
2023 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.]
NOTES:
*Reviser's note: RCW 64.34.425 was amended by 2022 c 27 § 5, changing subsection (1)(s) to subsection (1)(t).
2023 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.]
2023 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.
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.34 - Condominium Act. › 64.34.397 - Tenant screening.

RCW 64.34.397
Tenant screening.
(1) Except as otherwise prohibited by law, and subject to the limitations in subsection (2) of this section, a unit owners' association may:
(a) Require any unit owner intending to lease the owner's unit to use a tenant screening service or obtain background information, including criminal history, on a prospective tenant, at the owner's sole cost and expense, prior to the owner entering into a lease agreement with a prospective tenant; and
(b) Require proof that the tenant screening requirement has been fulfilled or that the background information on a prospective tenant has been obtained by the owner intending to lease the owner's unit.
(2) An association may not require that a copy of the tenant screening report or any background information pertaining to a tenant be furnished to the association.
[ 2023 c 23 § 2.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.34 - Condominium Act. › 64.34.398 - Licensed family home child care or licensed child day care center—Regulations—Liability.

RCW 64.34.398
Licensed family home child care or licensed child day care center—Regulations—Liability.
(1) A unit owners' association may not adopt or enforce a restriction, covenant, condition, bylaw, rule, regulation, provision of a governing document, or master deed provision that effectively prohibits, unreasonably restricts, or limits, directly or indirectly, the use of a unit as a licensed family home child care operated by a family day care provider or as a licensed child day care center, except as provided in subsection (2) of this section.
(2)(a) Nothing in this section prohibits a unit owners' association from imposing reasonable regulations on a family home child care or a child day care center including, but not limited to, architectural standards, as long as those regulations are identical to those applied to all other units within the same association as the family home child care or the child day care center.
(b) An association may require that only a unit with direct access may be used as a family home child care or child day care center. Direct access must be either from the outside of the building or through publicly accessible common elements.
(c) An association may adopt or enforce a restriction, covenant, condition, bylaw, rule, regulation, provision of a governing document, or master deed provision that requires a family home child care or a child day care center operating out of a unit within the association to:
(i) Be licensed under chapter 43.216 RCW;
(ii) Indemnify and hold harmless the association against all claims, whether brought by judicial or administrative action, relating to the operation of the family home child care or the child day care center, excluding claims arising in common elements that the association is solely responsible for maintaining under the governing documents;
(iii) Obtain a signed waiver of liability releasing the association from legal claims directly related to the operation of the family home child care or the child day care center from the parent, guardian, or caretaker of each child being cared for by the family home child care or the child day care center. However, an association may not require that a waiver of liability under this subsection be notarized; and
(iv) Obtain day care insurance as defined in RCW 48.88.020 or provide self-insurance pursuant to chapter 48.90 RCW, consistent with the requirements in RCW 43.216.700.
(3) A unit owners' association that willfully violates this section is liable to the family day care provider or the child day care center for actual damages, and shall pay a civil penalty to the family day care provider or the child day care center in an amount not to exceed $1,000.
(4) For the purposes of this section, the terms "family day care provider" and "child day care center" have the same meanings as in RCW 43.216.010.
[ 2023 c 203 § 2.]
NOTES:
Effective date—2023 c 203: See note following RCW 64.32.310.
2023 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.
2023 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.]
2023 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.
2023 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.
2023 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.
2023 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.]
2023 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.]
2023 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.]
2023 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 commerce 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.
[ 2023 c 470 § 2108; 2008 c 113 § 3.]
NOTES:
Explanatory statement—2023 c 470: See note following RCW 10.99.030.
Application—Effective date—2008 c 113: See notes following RCW 64.34.440.
2023 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.
2023 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.]
2023 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 boldfaced, 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.
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.34 - Condominium Act. › 64.34.452 - Warranties of quality—Breach—Actions for construction defect claims.

RCW 64.34.452
Warranties of quality—Breach—Actions for construction defect claims.
(1) A judicial proceeding for breach of any obligations arising under RCW 64.34.443, 64.34.445, and 64.34.450 must be commenced within four years after the cause of action accrues: PROVIDED, That the period for commencing an action for a breach accruing pursuant to subsection (2)(b) of this section shall not expire prior to one year after termination of the period of declarant control, if any, under *RCW 64.34.308(4). Such periods may not be reduced by either oral or written agreement, or through the use of contractual claims or notice procedures that require the filing or service of any claim or notice prior to the expiration of the period specified in this section.
(2) Subject to subsection (3) of this section, a cause of action or [for] breach of warranty of quality, regardless of the purchaser's lack of knowledge of the breach, accrues:
(a) As to a unit, the date the purchaser to whom the warranty is first made enters into possession if a possessory interest was conveyed or the date of acceptance of the instrument of conveyance if a nonpossessory interest was conveyed; and
(b) As to each common element, at the latest of (i) the date the first unit in the condominium was conveyed to a bona fide purchaser, (ii) the date the common element was completed, or (iii) the date the common element was added to the condominium.
(3) If a warranty of quality explicitly extends to future performance or duration of any improvement or component of the condominium, the cause of action accrues at the time the breach is discovered or at the end of the period for which the warranty explicitly extends, whichever is earlier.
(4) If a written notice of claim is served under RCW 64.50.020 within the time prescribed for the filing of an action under this chapter, the statutes of limitation in this chapter and any applicable statutes of repose for construction-related claims are tolled until sixty days after the period of time during which the filing of an action is barred under RCW 64.50.020.
(5) Nothing in this section affects the time for filing a claim under chapter 64.35 RCW.
[ 2004 c 201 § 7; 2002 c 323 § 11; 1990 c 166 § 14.]
NOTES:
*Reviser's note: RCW 64.34.308 was amended by 2011 c 189 § 2, changing subsection (4) to subsection (5), effective January 1, 2012.
Effective date—1990 c 166: See note following RCW 64.34.020.
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.34 - Condominium Act. › 64.34.455 - Effect of violations on rights of action—Attorney's fees.

RCW 64.34.455
Effect of violations on rights of action—Attorney's fees.
If a declarant or any other person subject to this chapter fails to comply with any provision hereof or any provision of the declaration or bylaws, any person or class of persons adversely affected by the failure to comply has a claim for appropriate relief. The court, in an appropriate case, may award reasonable attorney's fees to the prevailing party.
[1989 c 43 § 4-115.]