reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.34 - Condominium Act. › 64.34.460 - Labeling of promotional material.

RCW 64.34.460
Labeling of promotional material.
If any improvement contemplated in a condominium is labeled "NEED NOT BE BUILT" on a survey map or plan, or is to be located within a portion of the condominium with respect to which the declarant has reserved a development right, no promotional material may be displayed or delivered to prospective purchasers which describes or portrays that improvement unless the description or portrayal of the improvement in the promotional material is conspicuously labeled or identified as "NEED NOT BE BUILT."
[1989 c 43 § 4-116.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.34 - Condominium Act. › 64.34.465 - Improvements—Declarant's duties.

RCW 64.34.465
Improvements—Declarant's duties.
(1) The declarant shall complete all improvements labeled "MUST BE BUILT" on survey maps or plans prepared pursuant to RCW 64.34.232.
(2) The declarant is subject to liability for the prompt repair and restoration, to a condition compatible with the remainder of the condominium, of any portion of the condominium damaged by the exercise of rights reserved pursuant to or created by RCW 64.34.236, 64.34.240, 64.34.244, 64.34.248, 64.34.256, and 64.34.260.
[1989 c 43 § 4-117.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.34 - Condominium Act. › 64.34.470 - Conversion condominium notice.

RCW 64.34.470
Conversion condominium notice.
A declarant of a conversion condominium, and any dealer who intends to offer units in such a condominium, must provide a conversion condominium notice of the conversion to the Washington state housing finance commission no later than 120 days before the residential tenants and any residential subtenant in possession of a portion of a conversion condominium are required to vacate.
[ 2022 c 165 § 3.]
NOTES:
Findings—Intent—2022 c 165: See note following RCW 43.180.245.
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.34 - Condominium Act. › 64.34.930 - Effective date—1989 c 43.

RCW 64.34.930
Effective date—1989 c 43.
This act shall take effect July 1, 1990.
[1989 c 43 § 4-124.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.34 - Condominium Act. › 64.34.931 - Effective date—2004 c 201 §§ 1-13.

RCW 64.34.931
Effective date—2004 c 201 §§ 1-13.
Sections 1 through 13 of this act take effect July 1, 2004.
[ 2004 c 201 § 14.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.34 - Condominium Act. › 64.34.940 - Construction against implicit repeal.

RCW 64.34.940
Construction against implicit repeal.
This chapter being a general act intended as a unified coverage of its subject matter, no part of it shall be construed to be impliedly repealed by subsequent legislation if that construction can reasonably be avoided.
[1989 c 43 § 1-109.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.34 - Condominium Act. › 64.34.950 - Uniformity of application and construction.

RCW 64.34.950
Uniformity of application and construction.
This chapter shall be applied and construed so as to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
[1989 c 43 § 1-110.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.35 - Condominiums—Qualified Warranties. › 64.35.105 - Definitions.

RCW 64.35.105
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Affiliate" has the meaning in RCW 64.90.010.
(2) "Association" has the meaning in RCW 64.90.010.
(3) "Building envelope" means the assemblies, components, and materials of a building that are intended to separate and protect the interior space of the building from the adverse effects of exterior climatic conditions.
(4) "Common element" has the meaning in RCW 64.90.010.
(5) "Condominium" has the meaning in RCW 64.90.010.
(6) "Construction professional" has the meaning in RCW 64.50.010.
(7) "Conversion condominium" has the meaning in RCW 64.90.010.
(8) "Declarant" has the meaning in RCW 64.90.010.
(9) "Declarant control" has the meaning in RCW 64.90.010.
(10) "Defect" means any aspect of a condominium unit or common element which constitutes a breach of the implied warranties set forth in RCW 64.34.445 or 64.90.670.
(11) "Limited common element" has the meaning in RCW 64.90.010.
(12) "Material" means substantive, not simply formal; significant to a reasonable person; not trivial or insignificant. When used with respect to a particular construction defect, "material" does not require that the construction defect render the unit or common element unfit for its intended purpose or uninhabitable.
(13) "Mediation" means a collaborative process in which two or more parties meet and attempt, with the assistance of a mediator, to resolve issues in dispute between them.
(14) "Mediation session" means a meeting between two or more parties to a dispute during which they are engaged in mediation.
(15) "Mediator" means a neutral and impartial facilitator with no decision-making power who assists parties in negotiating a mutually acceptable settlement of issues in dispute between them.
(16) "Person" has the meaning in RCW 64.90.010.
(17) "Public offering statement" has the meaning in chapter 64.90 RCW.
(18) "Qualified insurer" means an entity that holds a certificate of authority under RCW 48.05.030, or an eligible insurer under chapter 48.15 RCW.
(19) "Qualified warranty" means an insurance policy issued by a qualified insurer that complies with the requirements of this chapter. A qualified warranty includes coverage for repair of physical damage caused by the defects covered by the qualified warranty, except to the extent of any exclusions and limitations under this chapter.
(20) "Resale certificate" means the statement to be delivered by the association under chapter 64.90 RCW.
(21) "Transition date" means the date on which the declarant is required to deliver to the association the property of the association under RCW 64.90.420.
(22) "Unit" has the meaning in RCW 64.90.010.
(23) "Unit owner" has the meaning in RCW 64.90.010.
[ 2023 c 337 § 1; 2004 c 201 § 101.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.35 - Condominiums—Qualified Warranties. › 64.35.106 - Qualified warrantees—Application of RCW 48.01.040.

RCW 64.35.106
Qualified warrantees—Application of RCW 48.01.040.
All qualified warrantees shall be deemed to be "insurance" for purposes of RCW 48.01.040, and shall be regulated as such.
[ 2004 c 201 § 2001.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.35 - Condominiums—Qualified Warranties. › 64.35.115 - Attorneys' fees.

RCW 64.35.115
Attorneys' fees.
In any judicial proceeding or arbitration brought to enforce the terms of a qualified warranty, the court or arbitrator may award reasonable attorneys' fees to the substantially prevailing party. In no event may such fees exceed the reasonable hourly value of the attorney's work.
[ 2004 c 201 § 1701.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.35 - Condominiums—Qualified Warranties. › 64.35.120 - Change of ownership—Coverage transfers.

RCW 64.35.120
Change of ownership—Coverage transfers.
(1) A qualified warranty pertains solely to the unit and common elements for which it provides coverage and no notice to the qualified insurer is required on a change of ownership.
(2) All of the applicable unused benefits under a qualified warranty with respect to a unit are automatically transferred to any subsequent owner on a change of ownership.
[ 2004 c 201 § 1801.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.35 - Condominiums—Qualified Warranties. › 64.35.205 - Qualified warranty—Remedy and procedure—Application of chapter 64.50 RCW.

RCW 64.35.205
Qualified warranty—Remedy and procedure—Application of chapter 64.50 RCW.
No declarant, affiliate of a declarant, or construction professional is liable to a unit owner or an association for damages awarded for repair of construction defects and resulting physical damage, and chapter 64.50 RCW shall not apply if: (1) Every unit is the subject of a qualified warranty; and (2) the association has been issued a qualified warranty with respect to the common elements. If a construction professional agrees on terms satisfactory to the qualified insurer to partially or fully indemnify the qualified insurer with respect to a defect caused by the construction professional, the liability of the construction professional for the defect and resulting physical damage caused by him or her shall not exceed damages recoverable under the terms of the qualified warranty for the defect. Any indemnity claim by the qualified insurer shall be by separate action or arbitration, and no unit owner or association shall be joined therein. A qualified warranty may also be provided in the case of improvements made or contracted for by a declarant as part of a conversion condominium, and in such case, declarant's liability with respect to such improvements shall be limited as set forth in this section.
[ 2004 c 201 § 201.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.35 - Condominiums—Qualified Warranties. › 64.35.210 - Notice of qualified warranty—History of claims.

RCW 64.35.210
Notice of qualified warranty—History of claims.
(1) Every public offering statement and resale certificate shall affirmatively state whether or not the unit and/or the common elements are covered by a qualified warranty, and shall provide to the best knowledge of the person preparing the public offering statement or resale certificate a history of claims under the warranty.
(2) The history of claims must include, for each claim, not less than the following information for the unit and/or the common elements, as applicable, to the best knowledge of the person providing the information:
(a) The type of claim that was made;
(b) The resolution of the claim;
(c) The type of repair performed;
(d) The date of the repair;
(e) The cost of the repair; and
(f) The name of the person or entity who performed the repair.
[ 2004 c 201 § 301.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.35 - Condominiums—Qualified Warranties. › 64.35.305 - Two-year materials and labor warranty—Noncompliance with building code.

RCW 64.35.305
Two-year materials and labor warranty—Noncompliance with building code.
(1) The minimum coverage for the two-year materials and labor warranty is:
(a) In the first twelve months, for other than the common elements, (i) coverage for any defect in materials and labor; and (ii) subject to subsection (2) of this section, coverage for a violation of the building code;
(b) In the first fifteen months, for the common elements, (i) coverage for any defect in materials and labor; and (ii) subject to subsection (2) of this section, coverage for a violation of the building code;
(c) In the first twenty-four months, (i) coverage for any defect in materials and labor supplied for the electrical, plumbing, heating, ventilation, and air conditioning delivery and distribution systems; (ii) coverage for any defect in materials and labor supplied for the exterior cladding, caulking, windows, and doors that may lead to detachment or material damage to the unit or common elements; (iii) coverage for any defect in materials and labor which renders the unit unfit to live in; and (iv) subject to subsection (2) of this section, coverage for a violation of the building code.
(2) Noncompliance with the building code is considered a defect covered by a qualified warranty if the noncompliance:
(a) Constitutes an unreasonable health or safety risk; or
(b) Has resulted in, or is likely to result in, material damage to the unit or common elements.
[ 2004 c 201 § 401.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.35 - Condominiums—Qualified Warranties. › 64.35.310 - Five-year building envelope warranty.

RCW 64.35.310
Five-year building envelope warranty.
The minimum coverage for the building envelope warranty is five years for defects in the building envelope of a condominium, including a defect which permits unintended water penetration so that it causes, or is likely to cause, material damage to the unit or common elements.
[ 2004 c 201 § 402.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.35 - Condominiums—Qualified Warranties. › 64.35.315 - Ten-year structural defects warranty.

RCW 64.35.315
Ten-year structural defects warranty.
The minimum coverage for the structural defects warranty is ten years for:
(1) Any defect in materials and labor that results in the failure of a load-bearing part of the condominium; and
(2) Any defect which causes structural damage that materially and adversely affects the use of the condominium for residential occupancy.
[ 2004 c 201 § 403.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.35 - Condominiums—Qualified Warranties. › 64.35.320 - Beginning dates for warranty coverage.

RCW 64.35.320
Beginning dates for warranty coverage.
(1) For the unit, the beginning date of the qualified warranty coverage is the earlier of:
(a) Actual occupancy of the unit; or
(b) Transfer of legal title to the unit.
(2) For the common elements, the beginning date of a qualified warranty is the date a temporary or final certificate of occupancy is issued for the common elements in each separate multiunit building, comprised by the condominium.
[ 2004 c 201 § 404.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.35 - Condominiums—Qualified Warranties. › 64.35.325 - Beginning dates for warranty coverage—Special cases—Declarant control.

RCW 64.35.325
Beginning dates for warranty coverage—Special cases—Declarant control.
(1) If an unsold unit is occupied as a rental unit, the qualified warranty beginning date for such unit is the date the unit is first occupied.
(2) If the declarant subsequently offers to sell a unit which is rented, the declarant must disclose, in writing, to each prospective purchaser, the date on which the qualified warranty expires.
(3) If the declarant retains any declarant control over the association on the date that is fourteen full calendar months following the month in which the beginning date for common element warranty coverage commences, the declarant shall within thirty days thereafter cause an election to be held in which the declarant may not vote, for the purpose of electing one or more board members who are empowered to make warranty claims. If at such time, one or more independent board members hold office, no additional election need be held, and such independent board members are empowered to make warranty claims. The declarant shall inform all independent board members of their right to make warranty claims at no later than sixteen full calendar months following the beginning date of the common element warranty.
[ 2004 c 201 § 405.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.35 - Condominiums—Qualified Warranties. › 64.35.330 - Living expense allowance.

RCW 64.35.330
Living expense allowance.
(1) If repairs are required under the qualified warranty and damage to the unit, or the extent of the repairs renders the unit uninhabitable, the qualified warranty must cover reasonable living expenses incurred by the owner to live elsewhere in an amount commensurate with the nature of the unit.
(2) If a qualified insurer establishes a maximum amount per day for claims for living expenses, the limit must be the greater of one hundred dollars per day or a reasonable amount commensurate with the nature of the unit for the complete reimbursement of the actual accommodation expenses incurred by the owner at a hotel, motel, or other rental accommodation up to the day the unit is ready for occupancy, subject to the owner receiving twenty-four hours' advance notice.
[ 2004 c 201 § 406.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.35 - Condominiums—Qualified Warranties. › 64.35.335 - Warranty on repairs and replacements.

RCW 64.35.335
Warranty on repairs and replacements.
(1) All repairs and replacements made under a qualified warranty must be warranted by the qualified warranty against defects in materials and labor until the later of:
(a) The first anniversary of the date of completion of the repair or replacement; or
(b) The expiration of the applicable qualified warranty coverage.
(2) All repairs and replacements made under a qualified warranty must be completed in a reasonable manner using materials and labor conforming to the building code and industry standards.
[ 2004 c 201 § 407.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.35 - Condominiums—Qualified Warranties. › 64.35.405 - Provisions a qualified insurer may include.

RCW 64.35.405
Provisions a qualified insurer may include.
A qualified insurer may include any of the following provisions in a qualified warranty:
(1) If the qualified insurer makes a payment or assumes liability for any payment or repair under a qualified warranty, the owner and association must fully support and assist the qualified insurer in pursuing any rights that the qualified insurer may have against the declarant, and any construction professional that has contractual or common law obligations to the declarant, whether such rights arose by contract, subrogation, or otherwise.
(2) Warranties or representations made by a declarant which are in addition to the warranties set forth in this chapter are not binding on the qualified insurer unless and to the extent specifically provided in the text of the warranty; and disclaimers of specific defects made by agreement between the declarant and the unit purchaser under RCW 64.34.450 act as an exclusion of the specified defect from the warranty coverage.
(3) An owner and the association must permit the qualified insurer or declarant, or both, to enter the unit at reasonable times, after reasonable notice to the owner and the association:
(a) To monitor the unit or its components;
(b) To inspect for required maintenance;
(c) To investigate complaints or claims; or
(d) To undertake repairs under the qualified warranty.
If any reports are produced as a result of any of the activities referred to in (a) through (d) of this subsection, the reports must be provided to the owner and the association.
(4) An owner and the association must provide to the qualified insurer all information and documentation that the owner and the association have available, as reasonably required by the qualified insurer to investigate a claim or maintenance requirement, or to undertake repairs under the qualified warranty.
(5) To the extent any damage to a unit is caused or made worse by the unreasonable refusal of the association, or an owner or occupant to permit the qualified insurer or declarant access to the unit for the reasons in subsection (3) of this section, or to provide the information required by subsection (4) of this section, that damage is excluded from the qualified warranty.
(6) In any claim under a qualified warranty issued to the association, the association shall have the sole right to prosecute and settle any claim with respect to the common elements.
[ 2004 c 201 § 501.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.
2023 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.]
2023 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.]
2023 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.
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.36 - Timeshare Regulation. › 64.36.050 - Timeshare offering—Duration of registration—Renewal—Amendment—Penalties.

RCW 64.36.050
Timeshare offering—Duration of registration—Renewal—Amendment—Penalties.
(1) A timeshare offering is registered for a period of one year from the effective date of registration unless the director specifies a different period.
(2) Registration of a timeshare offering may be renewed for additional periods of one year each, unless the director by rule specifies a different period, by filing a renewal application with the director no later than thirty days before the expiration of the period in subsection (1) of this section and paying the prescribed fees. A renewal application shall contain any information the director requires to indicate any material changes in the information contained in the original application.
(3) If a material change in the condition of the promoter, the promoter's affiliates, the timeshare project, or the operation or management of the timeshare project occurs during any year, an amendment to the documents filed under RCW 64.36.030 shall be filed, along with the prescribed fees, as soon as reasonably possible and before any further sales occur.
(4) The promoter shall keep the information in the written disclosures reasonably current at all times by amending the registration. If the promoter fails to amend and keep current the written disclosures or the registrations in instances of material change, the director may require compliance under RCW 64.36.100 and assess penalties.
[ 1987 c 370 § 3; 1983 1st ex.s. c 22 § 6.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.36 - Timeshare Regulation. › 64.36.060 - Application for registration—Acceptance of disclosure documents—Waiver of information—Additional information.

RCW 64.36.060
Application for registration—Acceptance of disclosure documents—Waiver of information—Additional information.
(1) In lieu of the documents required to be filed under RCW 64.36.030, the director may by rule accept:
(a) Any disclosure document filed with agencies of the United States or any other state;
(b) Any disclosure document compiled in accordance with any rule of any agency of the United States or any other state; or
(c) Any documents submitted pursuant to registration of a timeshare offering under chapter 58.19 RCW before August 1, 1983.
(2) The director may by rule waive disclosure of information which the director considers unnecessary for the protection of timeshare purchasers.
(3) The director may by rule require the provision of any other information the director considers necessary to protect timeshare purchasers.
[ 1983 1st ex.s. c 22 § 7.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.36 - Timeshare Regulation. › 64.36.070 - Registration as timeshare salesperson required—Exemption.

RCW 64.36.070
Registration as timeshare salesperson required—Exemption.
Any individual offering timeshare units or timeshare interest reservations for the individual's own account or for the account of others shall be registered as a timeshare salesperson unless the timeshare offering is exempt from registration under RCW 64.36.020. Registration may be obtained by filing an application with the department of licensing on a form prescribed by the director. The director may require that the applicant demonstrate sufficient knowledge of the timeshare industry and this chapter. A timeshare salesperson who is licensed as a real estate broker or salesperson under chapter 18.85 RCW is exempt from the registration requirement of this section.
[ 2002 c 226 § 1; 1983 1st ex.s. c 22 § 8.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.36 - Timeshare Regulation. › 64.36.081 - Fees.

RCW 64.36.081
Fees.
(1) Applicants or registrants under this chapter shall pay fees determined by the director as provided in RCW 43.24.086. These fees shall be prepaid and the director may establish fees for the following:
(a) Processing an original application for registration of a timeshare offering, along with an additional fee for each interval registered or in the timeshare program;
(b) Processing consolidations or adding additional inventory into the program;
(c) Reviewing and granting exemptions;
(d) Processing annual or periodic renewals;
(e) Initially and annually processing and administering any required impound, trust, or escrow arrangement;
(f) The review of advertising or promotional materials;
(g) Registering persons in the business of selling promotional programs for use in timeshare offerings or sales presentations;
(h) Registrations and renewal of registrations of salespersons;
(i) The transfer of salespersons' permits to other promoters;
(j) Administering and processing examinations for salespersons;
(k) Conducting site inspections of registered projects and projects for which registration is pending.
(2) The director may establish penalties for registrants in any situation where a registrant has failed to file an amendment to the registration or the disclosure document in a timely manner for material changes, as required in this chapter and rules adopted under this chapter.
[ 1987 c 370 § 4.]