reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.80 - Uniform Real Property Transfer on Death Act. › 64.80.080 - Revocation, when authorized or prohibited.

RCW 64.80.080
Revocation, when authorized or prohibited.
(1) Subject to subsection (2) of this section, an instrument is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument:
(a) Is one of the following:
(i) A transfer on death deed that revokes the deed or part of the deed expressly or by inconsistency;
(ii) An instrument of revocation that expressly revokes the deed or part of the deed; or
(iii) An inter vivos deed that expressly revokes the transfer on death deed or part of the deed; and
(b) Is acknowledged by the transferor after the acknowledgment of the deed being revoked and recorded before the transferor's death in the public records in the office of the county auditor of the county where the deed is recorded.
(2) If a transfer on death deed is made by more than one transferor:
(a) Revocation by a transferor does not affect the deed as to the interest of another transferor;
(b) A deed of joint owners is revoked only if it is revoked by all of the joint owners living at the time that the revocation is recorded; and
(c) A deed of community property by both spouses or by both domestic partners is revoked only if it is revoked by both of the spouses or domestic partners, provided that if only one of the spouses or domestic partners is then surviving, that spouse or domestic partner may revoke the deed.
(3) After a transfer on death deed is recorded, it may not be revoked by a revocatory act on the deed.
(4) This section does not limit the effect of an inter vivos transfer of the property.
[ 2014 c 58 § 11.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.80 - Uniform Real Property Transfer on Death Act. › 64.80.090 - Effect during transferor's life.

RCW 64.80.090
Effect during transferor's life.
During a transferor's life, a transfer on death deed does not:
(1) Affect an interest or right of the transferor or any other owner, including the right to transfer or encumber the property;
(2) Affect an interest or right of a transferee, even if the transferee has actual or constructive notice of the deed;
(3) Affect an interest or right of a secured or unsecured creditor or future creditor of the transferor, even if the creditor has actual or constructive notice of the deed;
(4) Affect the transferor's or designated beneficiary's eligibility for any form of public assistance;
(5) Create a legal or equitable interest in favor of the designated beneficiary; or
(6) Subject the property to claims or process of a creditor of the designated beneficiary.
[ 2014 c 58 § 12.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.80 - Uniform Real Property Transfer on Death Act. › 64.80.110 - Disclaimer of interest.

RCW 64.80.110
Disclaimer of interest.
A beneficiary may disclaim all or part of the beneficiary's interest as provided by chapter 11.86 RCW.
[ 2014 c 58 § 14.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.80 - Uniform Real Property Transfer on Death Act. › 64.80.120 - Liability for creditor claims and statutory allowances.

RCW 64.80.120
Liability for creditor claims and statutory allowances.
A beneficiary of a transfer on death deed is liable for an allowed claim against the transferor's probate estate and statutory allowances to a surviving spouse and children to the extent provided in RCW 11.18.200, 11.42.085, and chapter 11.54 RCW.
[ 2014 c 58 § 15.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.80 - Uniform Real Property Transfer on Death Act. › 64.80.901 - Application.

RCW 64.80.901
Application.
This chapter applies to a transfer on death deed made before, on, or after June 12, 2014, by a transferor dying on or after June 12, 2014.
[ 2014 c 58 § 3.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.80 - Uniform Real Property Transfer on Death Act. › 64.80.902 - Nonexclusivity.

RCW 64.80.902
Nonexclusivity.
The chapter does not affect any method of transferring property otherwise permitted under the law of this state.
[ 2014 c 58 § 4.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.80 - Uniform Real Property Transfer on Death Act. › 64.80.903 - Uniformity of application and construction—2014 c 58.

RCW 64.80.903
Uniformity of application and construction—2014 c 58.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.
[ 2014 c 58 § 16.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.80 - Uniform Real Property Transfer on Death Act. › 64.80.904 - Relation to electronic signatures in global and national commerce act—2014 c 58.

RCW 64.80.904
Relation to electronic signatures in global and national commerce act—2014 c 58.
Chapter 58, Laws of 2014 modifies, limits, and supersedes the federal electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001, et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. Sec. 7003(b).
[ 2014 c 58 § 17.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.015 - No variation by agreement.

RCW 64.90.015
No variation by agreement.
Except as expressly provided in this chapter, the effect of the provisions of this chapter may not be varied by agreement, and rights conferred by this chapter may not be waived. Except as provided otherwise in RCW 64.90.110, a declarant may not act under a power of attorney, or use any other device, to evade the limitations or prohibitions of this chapter or the declaration.
[ 2018 c 277 § 103.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.020 - Separate titles and taxation.

RCW 64.90.020
Separate titles and taxation.
(1) In a cooperative, unless the declaration provides that a unit owner's interest in a unit and its allocated interests is real estate for all purposes, that interest is personal property.
(2) In a condominium, plat community, or miscellaneous community, if there is any unit owner other than a declarant:
(a) Each unit that has been created, together with its interest in the common elements, constitutes for all purposes a separate parcel of real estate; and
(b) Each unit together with its interest in the common elements must be separately taxed and assessed.
(3) If a development right has an ascertainable market value, the development right constitutes a separate parcel of real estate for property tax purposes and must be separately taxed and assessed to the declarant, and the declarant alone is liable for payment of those taxes.
(4) If there is no unit owner other than a declarant, the real estate comprising the common interest community may be taxed and assessed in any manner provided by law.
[ 2018 c 277 § 104.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.025 - Applicability of local ordinances, regulations, and building codes.

RCW 64.90.025
Applicability of local ordinances, regulations, and building codes.
(1) A building, fire, health, or safety statute, ordinance, or regulation may not impose any requirement upon any structure in a common interest community that it would not impose upon a physically identical development under a different form of ownership.
(2) A zoning, subdivision, or other land use statute, ordinance, or regulation may not prohibit the condominium or cooperative form of ownership or impose any requirement upon a condominium or cooperative or miscellaneous community that it would not impose upon a physically identical development under a different form of ownership.
(3) Chapter 58.17 RCW does not apply to the creation of a condominium or a cooperative. This chapter must not be construed to permit the creation of a condominium or cooperative or miscellaneous community on a lot, tract, or parcel of land that could not be sold or transferred without violating chapter 58.17 RCW.
(4) Except as provided in subsections (1), (2), and (3) of this section, this chapter does not invalidate or modify any provision of any building, zoning, subdivision, or other statute, ordinance, rule, or regulation governing the use of real estate.
(5) This section does not prohibit a county legislative authority from requiring the review and approval of declarations and amendments to declarations and of termination agreements executed pursuant to RCW 64.90.290(2) by the county assessor solely for the purpose of allocating the assessed value and property taxes. The review by the assessor must be done in a reasonable and timely manner.
[ 2019 c 238 § 202; 2018 c 277 § 105.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.030 - Eminent domain.

RCW 64.90.030
Eminent domain.
(1) If a unit is acquired by condemnation or part of a unit is acquired by condemnation leaving the unit owner with a remnant that may not practically or lawfully be used for any purpose permitted by the declaration, the award must include compensation to the unit owner for that unit and its allocated interests, whether or not any common elements are acquired. Upon acquisition, unless the decree otherwise provides, that unit's allocated interests are automatically reallocated to the remaining units in proportion to the respective allocated interests of those units before the taking, and the association must promptly prepare, execute, and record an amendment to the declaration reflecting the reallocations. Any remnant of a unit remaining after part of a unit is taken under this subsection is thereafter a common element.
(2) Except as provided in subsection (1) of this section, if part of a unit is acquired by condemnation, the award must compensate the unit owner for the reduction in value of the unit and its interest in the common elements, whether or not any common elements are acquired. Upon acquisition, unless the decree provides otherwise:
(a) That unit's allocated interests are reduced in proportion to the reduction in the size of the unit, or on any other basis specified in the declaration; and
(b) The portion of the allocated interests divested from the partially acquired unit are automatically reallocated to that unit and to the remaining units in proportion to the respective allocated interests of those units before the taking, with the partially acquired unit participating in the reallocation on the basis of its reduced allocated interests.
(3)(a) If part of the common elements is acquired by condemnation, the portion of the award attributable to the common elements taken must be paid to the association. A court may award damages to a unit owner or owners for particular damage to the owner's units arising from condemnation.
(b) Unless the declaration or the decree provides otherwise, any portion of the award attributable to the acquisition of a limited common element must be equally divided among the owners of the units to which that limited common element was allocated at the time of acquisition.
(4) The decree must be recorded in every county in which any portion of the common interest community is located.
[ 2018 c 277 § 106.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.035 - Supplemental general principles of law applicable.

RCW 64.90.035
Supplemental general principles of law applicable.
The principles of law and equity, including the law of corporations and any other form of organization authorized by the law of this state and unincorporated associations, the law of real estate, and the law relative to the capacity to contract, principal and agent, eminent domain, estoppel, fraud, misrepresentation, duress, coercion, mistake, receivership, substantial performance, or other validating or invalidating cause supplement this chapter, except to the extent inconsistent with this chapter.
[ 2018 c 277 § 107.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.040 - Construction against implicit repeal.

RCW 64.90.040
Construction against implicit repeal.
This chapter is intended as a unified coverage of its subject matter and no part of it must be construed to be impliedly repealed by subsequent legislation if that construction can reasonably be avoided.
[ 2018 c 277 § 108.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.045 - Application—Construction.

RCW 64.90.045
Application—Construction.
This chapter must be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
[ 2018 c 277 § 109.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.050 - Unconscionable agreement or term of contract.

RCW 64.90.050
Unconscionable agreement or term of contract.
(1) The court, upon finding as a matter of law that a contract or contract clause was unconscionable at the time the contract was made, may refuse to enforce the contract, enforce the remainder of the contract without the unconscionable clause, or limit the application of any unconscionable clause to avoid an unconscionable result.
(2) Whenever it is claimed, or appears to the court, that a contract or any contract clause is or may be unconscionable, the parties, to aid the court in making the determination, must be afforded a reasonable opportunity to present evidence as to:
(a) The commercial setting of the negotiations;
(b) Whether a party has knowingly taken advantage of the inability of the other party reasonably to protect his or her interests by reason of physical or mental infirmity, illiteracy, inability to understand the language of the agreement, or similar factors;
(c) The effect and purpose of the contract or clause; and
(d) If a sale, any gross disparity at the time of contracting between the amount charged for the property and the value of that property measured by the price at which similar property was readily obtainable in similar transactions. A disparity between the contract price and the value of the property measured by the price at which similar property was readily obtainable in similar transactions does not, of itself, render the contract unconscionable.
[ 2018 c 277 § 111.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.055 - Obligation of good faith.

RCW 64.90.055
Obligation of good faith.
Every contract or duty governed under this chapter imposes an obligation of good faith in its performance or enforcement.
[ 2018 c 277 § 112.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.060 - Remedies.

RCW 64.90.060
Remedies.
The remedies provided under this chapter must be liberally administered to the end that the aggrieved party is put in as good a position as if the other party had fully performed. However, consequential, special, or punitive damages may not be awarded except as specifically provided in this chapter or by other rule of law.
[ 2018 c 277 § 113.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.065 - Adjustment of dollar amounts.

RCW 64.90.065
Adjustment of dollar amounts.
(1) From time to time the dollar amount specified in RCW 64.90.075 and 64.90.640(2) must change, as provided in subsections (2) and (3) of this section, according to and to the extent of changes in the consumer price index for urban wage earners and clerical workers: U.S. city average, all items 1967 = 100, compiled by the bureau of labor statistics, United States department of labor, (the "index"). The index for December 1979, which was 230, is the reference base index.
(2) The dollar amounts specified in RCW 64.90.075 and 64.90.640(2) and any amount stated in the declaration pursuant to RCW 64.90.075 and 64.90.640(2) must change on July 1st of each year if the percentage of change, calculated to the nearest whole percentage point, between the index at the end of the preceding year and the reference base index, is ten percent or more, but: (a) The portion of the percentage change in the index in excess of a multiple of ten percent must be disregarded and the dollar amount may only change in multiples of ten percent of the amount appearing in this chapter on July 1, 2018; (b) the dollar amount must not change if the amount required under this section is that currently in effect pursuant to this chapter as a result of earlier application of this section; and (c) the dollar amount must not be reduced below the amount appearing in this chapter on July 1, 2018.
(3) If the index is revised after December 1979, the percentage of change pursuant to this section must be calculated on the basis of the revised index. If the revision of the index changes the reference base index, a revised reference base index must be determined by multiplying the reference base index then applicable by the rebasing factor furnished by the bureau of labor statistics. If the index is superseded, the index referred to in this section is the one represented by the bureau of labor statistics as reflecting most accurately the changes in the purchasing power of the dollar for consumers.
[ 2018 c 277 § 114.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.070 - Electronic signatures in global and national commerce act.

RCW 64.90.070
Electronic signatures in global and national commerce act.
This chapter modifies, limits, and supersedes the federal electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede 15 U.S.C. Sec. 7001(c) or authorize electronic delivery of any of the notices described in 15 U.S.C. Sec. 7003(b).
[ 2018 c 277 § 115.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.075 - Common interest communities, new.

RCW 64.90.075
Common interest communities, new.
(1) Except as provided otherwise in this section, this chapter applies to all common interest communities created within this state on or after July 1, 2018. Chapters 58.19, 64.32, 64.34, and 64.38 RCW do not apply to common interest communities created on or after July 1, 2018.
(2) Unless the declaration provides that this entire chapter is applicable, a plat community or miscellaneous community that is not subject to any development right is subject only to RCW 64.90.020, 64.90.025, and 64.90.030, if the community: (a) Contains no more than twelve units; and (b) provides in its declaration that the annual average assessment of all units restricted to residential purposes, exclusive of optional user fees and any insurance premiums paid by the association, may not exceed three hundred dollars, as adjusted pursuant to RCW 64.90.065.
(3) The exemption provided in subsection (2) of this section applies only if:
(a) The declarant reasonably believes in good faith that the maximum stated assessment will be sufficient to pay the expenses of the association for the community; and
(b) The declaration provides that the assessment may not be increased above the limitation in subsection (2) of this section prior to the transition meeting without the consent of unit owners, other than the declarant, holding ninety percent of the votes in the association.
(4) Except as otherwise provided in RCW 64.90.080, this chapter does not apply to any common interest community created within this state on or after July 1, 2018, if:
(a) That common interest community is made part of a common interest community created in this state prior to July 1, 2018, pursuant to a right expressly set forth in the declaration of the preexisting common interest community; and
(b) The declaration creating that common interest community expressly subjects that common interest community to the declaration of the preexisting common interest community pursuant to such right described in (a) of this subsection.
[ 2019 c 238 § 203; 2018 c 277 § 116.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.080 - Common interest communities, preexisting.

RCW 64.90.080
Common interest communities, preexisting.
(1) Except for a nonresidential common interest community described in RCW 64.90.100, RCW 64.90.095, 64.90.405(1) (b) and (c), 64.90.525 and 64.90.545 apply, and any inconsistent provisions of chapter 58.19, 64.32, 64.34, or 64.38 RCW do not apply, to a common interest community created in this state before July 1, 2018.
(2) Except to the extent provided in this subsection, the sections listed in subsection (1) of this section apply only to events and circumstances occurring on or after July 1, 2018, and do not invalidate existing provisions of the governing documents of those common interest communities. To protect the public interest, RCW 64.90.095 and 64.90.525 supersede existing provisions of the governing documents of all plat communities and miscellaneous communities previously subject to chapter 64.38 RCW.
[ 2019 c 238 § 204; 2018 c 277 § 117.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.085 - Common interest communities, amendments to.

RCW 64.90.085
Common interest communities, amendments to.
Amendments to this chapter apply to all common interest communities except those that (1) were created prior to July 1, 2018, and (2) have not subsequently amended their governing documents to provide that this chapter will apply to the common interest community pursuant to RCW 64.90.095.
[ 2018 c 277 § 118.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.090 - Prior condominium statutes.

RCW 64.90.090
Prior condominium statutes.
(1) Chapter 64.32 RCW does not apply to condominiums created on or after July 1, 1990, and except as otherwise provided in subsection (2) of this section, chapter 64.34 RCW does not apply to condominiums created on or after July 1, 2018.
(2) RCW 64.34.405, 64.34.410, 64.34.415, 64.34.417, 64.34.418, and 64.34.420 continue to apply, and RCW 64.90.605, 64.90.610, 64.90.615, 64.90.620, 64.90.625, 64.90.630, and 64.90.635 do not apply, to any public offering statement first delivered to a prospective purchaser prior to July 1, 2018, for any common interest community created on or after July 1, 2018. A declarant or dealer who first delivered a public offering statement to a prospective purchaser pursuant to chapter 64.34 RCW prior to July 1, 2018, is not required to deliver a new or amended public offering statement to that purchaser pursuant to chapter 238, Laws of 2019.
[ 2019 c 238 § 205; 2018 c 277 § 119.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.095 - Election of preexisting common interest communities.

RCW 64.90.095
Election of preexisting common interest communities.
(1) The declaration of any common interest community created before July 1, 2018, may be amended to provide that this chapter will apply to the common interest community, regardless of what applicable law provided before chapter 277, Laws of 2018 was adopted.
(2) Except as provided otherwise in subsection (3) of this section or in RCW 64.90.285 (9), (10), or (11), an amendment to the governing documents authorized under this section must be adopted in conformity with any procedures and requirements for amending the instruments specified by those instruments and in conformity with the amendment procedures of this chapter. If the governing documents do not contain provisions authorizing amendment, the amendment procedures of this chapter apply. If an amendment grants to a person a right, power, or privilege permitted under this chapter, any correlative obligation, liability, or restriction in this chapter also applies to the person.
(3) Notwithstanding any provision in the governing documents of a common interest community that govern the procedures and requirements for amending the governing documents, an amendment under subsection (1) of this section may be made as follows:
(a) The board shall propose such amendment to the owners if the board deems it appropriate or if owners holding twenty percent or more of the votes in the association request such an amendment in writing to the board;
(b) Upon satisfaction of the foregoing requirements, the board shall prepare a proposed amendment and shall provide the owners with a notice in a record containing the proposed amendment and at least thirty days' advance notice of a meeting to discuss the proposed amendment;
(c) Following such meeting, the board shall provide the owners with a notice in a record containing the proposed amendment and a ballot to approve or reject the amendment;
(d) The amendment shall be deemed approved if owners holding at least thirty percent of the votes in the association participate in the voting process, and at least sixty-seven percent of the votes cast by participating owners are in favor of the proposed amendment.
[ 2018 c 277 § 120.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.100 - Common interest communities, nonresidential and mixed-use.

RCW 64.90.100
Common interest communities, nonresidential and mixed-use.
(1) A plat community, miscellaneous community, or cooperative in which all the units are restricted exclusively to nonresidential use is not subject to this chapter except to the extent the declaration provides that:
(a) This entire chapter applies to the community;
(b) RCW 64.90.010 through 64.90.325 and 64.90.900 apply to the community; or
(c) Only RCW 64.90.020, 64.90.025, and 64.90.030 apply to the community.
(2) A condominium in which all the units are restricted exclusively to nonresidential use is subject to this chapter, but the declaration may provide that only RCW 64.90.010 through 64.90.330 and 64.90.900 apply to the community.
(3) If this entire chapter applies to a common interest community in which all the units are restricted exclusively to nonresidential use, the declaration may also require, subject to RCW 64.90.050, that:
(a) Any management, maintenance, operations, or employment contract, lease of recreational or parking areas or facilities, and any other contract or lease between the association and a declarant or an affiliate of a declarant continues in force after the declarant turns over control of the association; and
(b) Purchasers of units must execute proxies, powers of attorney, or similar devices in favor of the declarant regarding particular matters enumerated in those instruments.
(4) A common interest community that contains both units restricted to nonresidential purposes and units that may be used for residential purposes is not subject to this chapter unless the units that may be used for residential purposes would comprise a common interest community subject to this chapter in the absence of such nonresidential units or the declaration provides that this chapter applies as provided in subsection (2) or (3) of this section.
[ 2018 c 277 § 121.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.105 - Common interest communities, out-of-state.

RCW 64.90.105
Common interest communities, out-of-state.
This chapter does not apply to a common interest community located outside this state.
[ 2018 c 277 § 122.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.110 - Exempt real estate arrangements.

RCW 64.90.110
Exempt real estate arrangements.
(1) An arrangement between the associations for two or more common interest communities to share the costs of real estate taxes, insurance premiums, services, maintenance or improvements of real estate, or other activities specified in their arrangement or declarations does not create a separate common interest community.
(2) An arrangement between an association for a common interest community and the owner of real estate that is not part of a common interest community to share the costs of real estate taxes, insurance premiums, services, maintenance or improvements of real estate, or other activities specified in their arrangement does not create a separate common interest community. However, costs payable by the common interest community as a result of the arrangement must be included in the periodic budget for the common interest community, and the arrangement must be disclosed in all public offering statements and resale certificates required under this chapter.
(3) Except for a cooperative, a lease in which the tenant is obligated to share the costs of real estate taxes, insurance premiums, services, maintenance or improvements of real estate, or other activities specified in an arrangement does not create a separate common interest community.
[ 2018 c 277 § 123.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.115 - Other exempt covenants.

RCW 64.90.115
Other exempt covenants.
An easement or covenant that requires the owners of separately owned parcels of real estate to share costs or other obligations associated with a party wall, driveway, well, or other similar use does not create a common interest community.
[ 2018 c 277 § 124.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.200 - Common interest communities, creation of.

RCW 64.90.200
Common interest communities, creation of.
(1)(a) A common interest community may be created under this chapter only by (i) recording a declaration executed in the same manner as a deed, and (ii) recording a map pursuant to RCW 64.90.245(3), and (iii) with respect to a cooperative, conveying the real estate subject to that declaration to the association.
(b) The declaration and map must be recorded in every county in which any portion of the common interest community is located. The name of a condominium must not be identical to the name of any other existing condominium or plat community, whether created under this chapter or chapter 64.32 or 64.34 RCW, in any county in which the condominium is located.
(2) A declaration or an amendment to a declaration adding units to a common interest community other than a plat community may not be recorded unless a certification required under RCW 64.90.245(6) (a) or (b) regarding the map is also recorded.
(3)(a) Except as provided otherwise in the declaration or map, if, in a common interest community other than a condominium or cooperative, real estate described as a common element in the declaration or map is not conveyed to the association or expressly dedicated in the declaration or map to the unit owners as tenants in common, that real estate is deemed to be conveyed to the association at the time the first unit is conveyed, subject to the authority and jurisdiction of the association and subject to development rights, if any, reserved in the declaration.
(b) Except as provided otherwise in the declaration or map, in the event of the dissolution of an association, any real estate owned by the association vests in the unit owners as tenants in common with each unit owner's interest being determined in accordance with the provisions of RCW 64.90.290 regarding a termination of the common interest community.
[ 2018 c 277 § 201.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.205 - Reservation of name.

RCW 64.90.205
Reservation of name.
Upon the filing of a written request with the county office in which the declaration is to be recorded, using a form of written request as may be required by the county office and paying a fee as the county office may establish not in excess of fifty dollars, a person may reserve the exclusive right to use a particular name for a condominium to be created in that county. The reserved name must not be identical to any other condominium or plat community located in that county. The name reservation expires unless within three hundred sixty-five days from the date on which the name reservation is filed the person reserving that name either records a declaration using the reserved name or files a new name reservation request.
[ 2018 c 277 § 202.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.210 - Unit boundaries.

RCW 64.90.210
Unit boundaries.
(1) Except as provided by the declaration or, in the case of a plat community or miscellaneous community, by the map:
(a) If walls, floors, or ceilings are designated as boundaries of a unit, all lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring, and any other materials constituting any part of the finished surfaces thereof are a part of the unit, and all other portions of the walls, floors, or ceilings are a part of the common elements.
(b) If any chute, flue, duct, wire, conduit, bearing wall, bearing column, or any other fixture lies partially within and partially outside the designated boundaries of a unit, any portion thereof serving only that unit is a limited common element allocated solely to that unit, and any portion thereof serving more than one unit or any portion of the common elements is a part of the common elements.
(2) Subject to subsection (1)(b) of this section, all spaces, interior partitions, and other fixtures and improvements within the boundaries of a unit are a part of the unit.
(3) Any fireplaces, shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, decks, patios, and all exterior doors and windows or other fixtures designed to serve a single unit, but located outside the unit's boundaries, are limited common elements allocated exclusively to that unit.
[ 2018 c 277 § 203.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.215 - Construction and validity of governing documents.

RCW 64.90.215
Construction and validity of governing documents.
(1) All provisions of the governing documents are severable. If any provision of a governing document, or its application to any person or circumstances, is held invalid, the remainder of the governing document or application to other persons or circumstances is not affected.
(2) The rule against perpetuities may not be applied to defeat any provision of the governing documents adopted pursuant to RCW 64.90.405(1)(a).
(3) If a conflict exists between the declaration and the organizational documents, the declaration prevails except to the extent the declaration is inconsistent with this chapter.
(4)(a) The creation of a common interest community must not be impaired and title to a unit and any common elements must not be rendered unmarketable or otherwise affected by reason of an insignificant failure of the governing documents, or any amendment to the governing documents, to comply with this chapter.
(b) This chapter does not determine whether a significant failure impairs marketability. Any unit owner, record owner of a security interest in any portion of the common interest community, or the association has standing to obtain a court order compelling the recordation of a declaration or map or adoption of organizational documents, or any appropriate amendment thereto, or to any other governing document, necessary to comply with the requirements of this chapter and to effectuate the reasonably ascertainable intent of the parties, including the intent to create a common interest community in compliance with this chapter. The failure to (i) include in the declaration or any amendment to the declaration cross-references by recording number to the map or any amendment to the map, or (ii) include in the map or any amendment to the map cross-references by recording number to the declaration or any amendment to the declaration is deemed an insignificant failure to comply with this chapter.
[ 2018 c 277 § 204.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.220 - Description of units.

RCW 64.90.220
Description of units.
(1) In a condominium or a cooperative, a description of a unit that sets forth the name of the common interest community, the recording data for the declaration, the county and state in which the common interest community is located, and the identifying number of the unit is a legally sufficient description of that unit and all rights, obligations, and interests appurtenant to that unit that were created by the governing documents.
(2) In a plat community or miscellaneous community, a description of a unit that sets forth the name of the common interest community, the recording data for the map, the county and state in which the common interest community is located, and the identifying number of the unit is a legally sufficient description of that unit and all rights, obligations, and interests appurtenant to that unit.
[ 2018 c 277 § 205.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.230 - Leasehold common interest communities.

RCW 64.90.230
Leasehold common interest communities.
(1) Any lease the expiration or termination of which may terminate the common interest community or reduce its size, or a memorandum of the lease, must be recorded. Every lessor of these leases in a condominium, plat community, or miscellaneous community must sign the declaration. The declaration must state:
(a) The recording number of the lease or a statement of where the complete lease may be inspected;
(b) The date on which the lease is scheduled to expire;
(c) A legal description of the real estate subject to the lease;
(d) Any right of the unit owners to redeem the reversion and the manner in which those rights may be exercised, or a statement that they do not have those rights;
(e) Any right of the unit owners to remove any improvements within a reasonable or stated time after the expiration or termination of the lease, or a statement that they do not have those rights; and
(f) Any rights of the unit owners to renew the lease and the conditions of any renewal, or a statement that they do not have those rights.
(2) The declaration may provide for the collection by the association of the proportionate rents paid on the lease by the unit owners and may designate the association as the representative of the unit owners on all matters relating to the lease.
(3) After the declaration for a condominium, miscellaneous community, or plat community is recorded, neither the lessor nor the lessor's successor in interest may terminate the leasehold interest of a unit owner who makes timely payment of a unit owner's share of the rent and otherwise complies with all covenants that, if violated, would entitle the lessor to terminate the lease. A unit owner's leasehold interest in a condominium, miscellaneous community, or plat community is not affected by failure of any other person to pay rent or fulfill any other covenant.
(4) Acquisition of the leasehold interest of any unit owner by the owner of the reversion or remainder does not merge the leasehold and fee simple interests unless the leasehold interests of all unit owners subject to that reversion or remainder are acquired and the owner of the reversion or remainder records a document confirming the merger.
(5) If the expiration or termination of a lease decreases the number of units in a common interest community, the allocated interests must be reallocated in accordance with RCW 64.90.030(1) as though those units had been taken by condemnation. Reallocations must be confirmed by an amendment to the declaration and map prepared, executed, and recorded by the association.
[ 2018 c 277 § 207.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.235 - Allocated interests.

RCW 64.90.235
Allocated interests.
(1) The declaration must allocate to each unit:
(a) In a condominium, a fraction or percentage of undivided interests in the common elements and in the common expenses of the association and a portion of the votes in the association;
(b) In a cooperative, an ownership interest in the association, a fraction or percentage of the common expenses of the association, and a portion of the votes in the association; and
(c) In a plat community and miscellaneous community, a fraction or percentage of the common expenses of the association and a portion of the votes in the association.
(2) The declaration must state the formulas used to establish allocations of interests. Those allocations may not discriminate in favor of units owned by the declarant or an affiliate of the declarant.
(3) If units may be added to or withdrawn from the common interest community, the declaration must state the formulas to be used to reallocate the allocated interests among all units included in the common interest community after the addition or withdrawal.
(4)(a) The declaration may provide:
(i) That different allocations of votes are made to the units on particular matters specified in the declaration;
(ii) For cumulative voting only for the purpose of electing board members; and
(iii) For class voting on specified issues affecting the class if necessary to protect valid interests of the class.
(b) A declarant may not utilize cumulative or class voting for the purpose of evading any limitation imposed on declarants under this chapter, and units do not constitute a class because they are owned by a declarant.
(5) Except for minor variations due to rounding, the sum of the common expense liabilities and, in a condominium, the sum of the undivided interests in the common elements allocated at any time to all the units must each equal one if stated as a fraction or one hundred percent if stated as a percentage. In the event of discrepancy between an allocated interest and the result derived from application of the pertinent formula, the allocated interest prevails.
(6)(a) In a condominium, the common elements are not subject to partition, and any purported conveyance, encumbrance, judicial sale, or other voluntary or involuntary transfer of an undivided interest in the common elements made without the unit to which that interest is allocated is void.
(b) In a cooperative, any purported conveyance, encumbrance, judicial sale, or other voluntary or involuntary transfer of an ownership interest in the association made without the possessory interest in the unit to which that interest is related is void.
[ 2018 c 277 § 208.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.240 - Limited common elements.

RCW 64.90.240
Limited common elements.
(1)(a) Except for the limited common elements described in RCW 64.90.210 (1)(b) and (3), the declaration must specify to which unit or units each limited common element is allocated.
(b) An allocation of a limited common element may not be altered without the consent of the owners of the units from which and to which the limited common element is allocated.
(2)(a) Except in the case of a reallocation being made by a declarant pursuant to a development right reserved in the declaration, a limited common element may be reallocated between units only with the approval of the board and by an amendment to the declaration executed by the unit owners between or among whose units the reallocation is made.
(b) The board must approve the request of the unit owner or owners under this subsection (2) within thirty days, or within such other period provided by the declaration, unless the proposed reallocation does not comply with this chapter or the declaration. The failure of the board to act upon a request within such period is deemed an approval of the request.
(c) The amendment must be executed and recorded by the association and be recorded in the name of the common interest community.
(3) Unless provided otherwise in the declaration, the unit owners of units to which at least sixty-seven percent of the votes are allocated, including the unit owner of the unit to which the common element or limited common element will be assigned or incorporated, must agree to reallocate a common element as a limited common element or to incorporate a common element or a limited common element into an existing unit. Such reallocation or incorporation must be reflected in an amendment to the declaration and the map.
[ 2018 c 277 § 209.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.255 - Common elements and units—Alterations.

RCW 64.90.255
Common elements and units—Alterations.
Subject to the provisions of the governing documents and other provisions of law, a unit owner:
(1) May make any improvements or alterations to the unit owner's unit that do not impair the structural integrity or mechanical or electrical systems or lessen the support of any portion of the common interest community;
(2) May not change the appearance of the common elements without approval of the board;
(3) After acquiring an adjoining unit or an adjoining part of an adjoining unit, with approval of the board, may remove or alter any intervening partition or create apertures in the unit or adjoining unit, even if the partition in whole or in part is a common element. The removal of partitions or creation of apertures under this subsection is not an alteration of boundaries. The board must approve a unit owner's request, which must include the plans and specifications for the proposed removal or alteration, under this subsection (3) after receipt of all required information unless the proposed alteration does not comply with this section or the governing documents; and
(4) May eliminate the title to a mobile home or manufactured home within the unit as permitted under chapter 65.20 RCW without the consent or joinder by the association, any other unit owner, or any party having a security interest in any other unit or the common elements.
[ 2018 c 277 § 212.]