reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.36 - Timeshare Regulation. › 64.36.085 - Inspections of projects—Identification of inspectors.

RCW 64.36.085
Inspections of projects—Identification of inspectors.
(1) The director may require inspections of projects registered under this chapter and promoters and their agents shall cooperate by permitting staff of the department to conduct the inspections.
(2) The director may perform "spot checks" or inspections of sales offices, during tours or sales presentations or normal business hours, for purposes of enforcing this chapter and determining compliance by the operator and salespersons in the sales, advertising, and promotional activities regulated under this chapter. These inspections or spot checks may be conducted during or at the time of sales presentations or during the hours during which sales are ordinarily scheduled.
(3) The department employee making the inspections shall show identification upon request. It is a violation of this chapter for the operator or its sales representatives to refuse an inspection or refuse to cooperate with employees of the department conducting the inspection.
[ 1987 c 370 § 5.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.36 - Timeshare Regulation. › 64.36.090 - Disciplinary action against a timeshare salesperson's application, registration, or license—Unprofessional conduct.

RCW 64.36.090
Disciplinary action against a timeshare salesperson's application, registration, or license—Unprofessional conduct.
The director may take disciplinary action against a timeshare salesperson's registration or application for registration or a salesperson's license under chapter 18.85 RCW who is selling under this chapter, if the director finds that the applicant or registrant has committed unprofessional conduct as described in RCW 18.235.130. In addition, the director may take disciplinary action if the applicant or registrant:
(1) Has filed an application for registration as a timeshare salesperson or as a licensee under chapter 18.85 RCW which, as of its effective date, is incomplete in any material respect;
(2) Has violated or failed to comply with any provision of this chapter or a predecessor act or any rule or order issued under this chapter or a predecessor act;
(3) Is permanently or temporarily enjoined by any court or administrative order from engaging in or continuing any conduct or practice involving any aspect of the timeshare business;
(4) Has engaged in dishonest or unethical practices in the timeshare, real estate, or camp resort business;
(5) Is insolvent either in the sense that the individual's liabilities exceed his or her assets or in the sense that the individual cannot meet his or her obligations as they mature; or
(6) Has not complied with any condition imposed by the director or is not qualified on the basis of such factors as training, experience, or knowledge of the timeshare business or this chapter.
[ 2002 c 86 § 298; 1987 c 370 § 9; 1983 1st ex.s. c 22 § 9.]
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. › 64.36.100 - Disciplinary action—Unprofessional conduct—Other conduct, acts, or conditions.

RCW 64.36.100
Disciplinary action—Unprofessional conduct—Other conduct, acts, or conditions.
The director may deny or take disciplinary action against any timeshare application or registration if the director finds that the applicant or registrant has engaged in unprofessional conduct as described in RCW 18.235.130. In addition, the director may deny or take disciplinary action based on the following conduct, acts, or conditions:
(1) The application, written disclosure, or registration is incomplete;
(2) The activities of the promoter include, or would include, activities which are unlawful or in violation of a law, rule, or ordinance in this state or another jurisdiction;
(3) The timeshare offering has worked or tended to work a fraud on purchasers, or would likely be adverse to the interests or the economic or physical welfare of purchasers;
(4) The protections and security arrangements to ensure future quiet enjoyment required under RCW 64.36.130 have not been provided as required by the director for the protection of purchasers; or
(5) The operating budget proposed by the promoter or promoter-controlled association appears inadequate to meet operating costs or funding of reserve accounts or fees for a consultant to determine adequacy have not been paid by the promoter.
[ 2002 c 86 § 299; 1987 c 370 § 10; 1983 1st ex.s. c 22 § 10.]
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. › 64.36.110 - Requirements of transfer of promoter's interest—Notice to purchaser.

RCW 64.36.110
Requirements of transfer of promoter's interest—Notice to purchaser.
A promoter shall not sell, lease, assign, or otherwise transfer the promoter's interest in the timeshare program unless the transferee agrees in writing to honor the timeshare purchaser's right to use and occupy the timeshare unit, honor the purchaser's right to cancel, and comply with this chapter. In the event of a transfer, each timeshare purchaser whose contract may be affected shall be given written notice of the transfer when the transfer is made.
[ 1983 1st ex.s. c 22 § 11.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.36 - Timeshare Regulation. › 64.36.120 - Good faith required—Provision relieving person from duty prohibited—Out-of-state jurisdiction or venue designation void.

RCW 64.36.120
Good faith required—Provision relieving person from duty prohibited—Out-of-state jurisdiction or venue designation void.
(1) The parties to a timeshare agreement shall deal with each other in good faith.
(2) A timeshare promoter shall not require any timeshare purchaser to agree to a release, assignment, novation, waiver, or any other provision which relieves any person from a duty imposed by this chapter.
(3) Any provision in a timeshare contract or agreement which designates jurisdiction or venue in a forum outside this state is void with respect to any cause of action which is enforceable in this state.
[ 1983 1st ex.s. c 22 § 12.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.36 - Timeshare Regulation. › 64.36.130 - Impoundment of proceeds from sales authorized—Establishment of trusts, escrows, etc.

RCW 64.36.130
Impoundment of proceeds from sales authorized—Establishment of trusts, escrows, etc.
(1) The director may by rule require as a condition of registration under this chapter that the proceeds from the sale of the timeshares be impounded until the promoter receives an amount established by the director. The director may by rule determine the conditions of any impoundment required under this section, including the release of moneys for promotional purposes.
(2) The director, in lieu of or in addition to requiring impoundment under subsection (1) of this section, may require that the registrant establish trusts, escrows, or any other similar arrangement that assures the timeshare purchaser quiet enjoyment of the timeshare unit.
(3) Impounding will not be required for those timeshare offerors who are able to convey fee simple title, along with title insurance: PROVIDED, That no other facilities are promised in the offering.
[ 1983 1st ex.s. c 22 § 13.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.36 - Timeshare Regulation. › 64.36.150 - Disclosure document to prospective purchasers—Cancellation and refund—Voidable agreement.

RCW 64.36.150
Disclosure document to prospective purchasers—Cancellation and refund—Voidable agreement.
The promoter or any person offering timeshare interest shall provide a prospective purchaser with a copy of the disclosure document described in RCW 64.36.140 before the execution of any agreement for the purchase of a timeshare. A purchaser may, for seven days following execution of an agreement to purchase a timeshare, cancel the agreement and receive a refund of any consideration paid by providing written notice of the cancellation to the promoter or the promoter's agent either by mail or hand delivery. If the purchaser does not receive the disclosure document, the agreement is voidable by the purchaser until the purchaser receives the document and for seven days thereafter.
[ 1983 1st ex.s. c 22 § 14.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.36 - Timeshare Regulation. › 64.36.160 - Application of liability provisions.

RCW 64.36.160
Application of liability provisions.
No provision of this chapter imposing any liability applies to any act or omission in good faith in conformity with any rule, form, or order of the director, notwithstanding that the rule, form, or order may later be amended or rescinded or determined by judicial or other authority to be invalid for any reason.
[ 1983 1st ex.s. c 22 § 15.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.36 - Timeshare Regulation. › 64.36.170 - Noncompliance—Unfair practice under chapter 19.86 RCW.

RCW 64.36.170
Noncompliance—Unfair practice under chapter 19.86 RCW.
Any failure to comply with this chapter constitutes an unfair and deceptive trade practice under chapter 19.86 RCW.
[ 1983 1st ex.s. c 22 § 16.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.36 - Timeshare Regulation. › 64.36.185 - Director's powers—Employment of outside persons for advice on project operating budget—Reimbursement by promoter—Notice and hearing.

RCW 64.36.185
Director's powers—Employment of outside persons for advice on project operating budget—Reimbursement by promoter—Notice and hearing.
(1) If it appears that the operating budget of a project fails to adequately provide for funding of reserve accounts, the director may employ outside professionals or consultants to provide advice or to develop an alternative budget. The promoter shall pay or reimburse the department for the costs incurred for such professional opinions.
(2) Before employing consultants under this section, the director shall provide the applicant with written notice and an opportunity for a hearing under chapter 34.05 RCW.
[ 1987 c 370 § 6.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.36 - Timeshare Regulation. › 64.36.195 - Assurances of discontinuance—Violation of assurance constitutes unprofessional conduct.

RCW 64.36.195
Assurances of discontinuance—Violation of assurance constitutes unprofessional conduct.
The director or persons to whom the director delegates such powers may enter into assurances of discontinuance in lieu of issuing a statement of charges or a cease and desist order or conducting a hearing under this chapter. The assurances shall consist of a statement of the law in question and an agreement to not violate the stated provision. The applicant or registrant shall not be required to admit to any violation of the law, nor shall the assurance be construed as such an admission. Violation or breaching of an assurance under this section shall constitute unprofessional conduct for which disciplinary action may be taken under RCW 18.235.110 and 18.235.130.
[ 2002 c 86 § 300; 1987 c 370 § 7.]
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. › 64.36.200 - Cease and desist order—Notification—Hearing.

RCW 64.36.200
Cease and desist order—Notification—Hearing.
(1) The director may order any person to cease and desist from an act or practice if it appears that the person is violating or is about to violate any provision of this chapter or any rule or order issued under this chapter.
(2) Upon the entry of the temporary order to cease and desist, the director shall promptly notify the recipient of the order that it has been entered and the reasons therefor and that if requested in writing by such person within fifteen days after service of the director's notification, the matter will be scheduled for hearing which shall be held within a reasonable time and in accordance with chapter 34.05 RCW. The temporary order shall remain in effect until ten days after the hearing is held.
(3) If a person does not request a hearing, the order shall become final.
(4) Unlicensed timeshare activity is subject to RCW 18.235.150.
[ 2002 c 86 § 301; 1983 1st ex.s. c 22 § 19.]
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. › 64.36.210 - Unlawful acts—Penalties.

RCW 64.36.210
Unlawful acts—Penalties.
(1) It is unlawful for any person in connection with the offer, sale, or lease of any timeshare in the state:
(a) To make any untrue or misleading statement of a material fact, or to omit a material fact;
(b) To employ any device, scheme, or artifice to defraud;
(c) To engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person;
(d) To file, or cause to be filed, with the director any document which contains any untrue or misleading information; or
(e) To violate any rule or order of the director.
(2)(a) Any person who knowingly violates this section is guilty of a class C felony punishable according to chapter 9A.20 RCW.
(b) No indictment or information for a felony may be returned under this chapter more than five years after the alleged violation.
[ 2003 c 53 § 290; 1983 1st ex.s. c 22 § 20.]
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. › 64.36.220 - Injunction, restraining order, writ of mandamus—Costs and attorney's fees—Penalties—Appointment of receiver or conservator.

RCW 64.36.220
Injunction, restraining order, writ of mandamus—Costs and attorney's fees—Penalties—Appointment of receiver or conservator.
(1) The attorney general, in the name of the state or the director, may bring an action to enjoin any person from violating any provision of this chapter. Upon a proper showing, the superior court shall grant a permanent or temporary injunction, restraining order, or writ of mandamus. The court may make any additional orders or judgments which may be necessary to restore to any person any interest in any money or property, real or personal, which may have been acquired by means of any act prohibited or declared to be unlawful under this chapter. The prevailing party may recover costs of the action, including a reasonable attorney's fee.
(2) The superior court issuing an injunction shall retain jurisdiction. Any person who violates the terms of an injunction shall pay a civil penalty of not more than twenty-five thousand dollars.
(3) The attorney general, in the name of the state or the director, may apply to the superior court to appoint a receiver or conservator for any person, or the assets of any person, who is subject to a cease and desist order, permanent or temporary injunction, restraining order, or writ of mandamus.
(4) Proceedings for injunctions for unlicensed timeshare activity must be conducted under the provisions of RCW 18.235.150.
[ 2002 c 86 § 302; 1983 1st ex.s. c 22 § 21.]
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. › 64.36.225 - Liability of registrant or applicant for costs of proceedings.

RCW 64.36.225
Liability of registrant or applicant for costs of proceedings.
A registrant or applicant against whom an administrative or legal proceeding authorized under this chapter has been filed, shall be liable for and reimburse to the state of Washington by payment into the business and professions account created in RCW 43.24.150, all administrative and legal costs, including attorneys' fees, incurred by the department in issuing and conducting administrative or legal proceedings that result in a final legal or administrative determination of any type or degree, in favor of the department or the state of Washington.
[ 2005 c 25 § 4; 1987 c 370 § 8.]
NOTES:
Effective date—2005 c 25: See note following RCW 43.24.150.
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.36 - Timeshare Regulation. › 64.36.240 - Liability for violation of chapter.

RCW 64.36.240
Liability for violation of chapter.
Any person who offers, sells, or materially aids in such offer or sale of a timeshare in violation of this chapter is liable to the person buying the timeshare who may sue either at law or in equity to recover the consideration paid for the timeshare, together with interest at ten percent per annum from date of payment and costs upon the tender of the timeshare, or for damages if the person no longer owns the timeshare.
[ 1983 1st ex.s. c 22 § 23.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.36 - Timeshare Regulation. › 64.36.250 - Appointment of director to receive service—Requirements for effective service.

RCW 64.36.250
Appointment of director to receive service—Requirements for effective service.
Every applicant for registration under this chapter shall file with the director, in a form the director prescribes by rule, an irrevocable consent appointing the director to be the attorney of the applicant to receive service of any lawful process in any civil suit, action, or proceeding against the applicant or the applicant's successor, executor, or administrator which arises under this chapter or any rule or order issued under this chapter after the consent has been filed, with the same force and validity as if served personally on the person filing the consent. Service may be made by leaving a copy of the process in the office of the director, but it is not effective unless: (1) The plaintiff, who may be the director in a suit, action, or proceeding instituted by the director, forthwith sends notice of the service and a copy of the process by certified mail to the defendant or respondent at the last address of the respondent or defendant on file with the director; and (2) the plaintiff's affidavit of compliance with this section is filed in the case on or before the return day of the process, if any, or within such further time as the court allows.
[ 1983 1st ex.s. c 22 § 24.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.36 - Timeshare Regulation. › 64.36.260 - Certain acts not constituting findings or approval by the director—Certain representations unlawful.

RCW 64.36.260
Certain acts not constituting findings or approval by the director—Certain representations unlawful.
Neither the fact that an application for registration nor a disclosure document under RCW 64.36.140 has been filed, nor the fact that a timeshare offering is effectively registered, constitutes a finding by the director that any document filed under this chapter is true, complete, and not misleading, nor does either fact mean that the director has determined in any way the merits of, qualifications of, or recommended or given approval to any person, timeshare, or transaction. It is unlawful to make, or cause to be made, to any prospective purchaser any representation inconsistent with this section.
[ 1983 1st ex.s. c 22 § 25.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.36 - Timeshare Regulation. › 64.36.270 - Rules, forms, and orders—Interpretive opinions.

RCW 64.36.270
Rules, forms, and orders—Interpretive opinions.
The director may make, amend, and repeal rules, forms, and orders when necessary to carry out this chapter. The director may honor requests for interpretive opinions.
[ 1983 1st ex.s. c 22 § 26.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.36 - Timeshare Regulation. › 64.36.290 - Application of chapters 21.20, 58.19, and 19.105 RCW—Exemption of certain camping and outdoor recreation enterprises.

RCW 64.36.290
Application of chapters 21.20, 58.19, and 19.105 RCW—Exemption of certain camping and outdoor recreation enterprises.
(1) All timeshares registered under this chapter are exempt from chapters 21.20, 58.19, and 19.105 RCW.
(2) This chapter shall not apply to any enterprise that has as its primary purpose camping and outdoor recreation and camping sites designed and promoted for the purpose of purchasers locating a trailer, tent, tent trailer, pickup camper, or other similar device used for land-based portable housing.
[ 1987 c 370 § 11; 1983 1st ex.s. c 22 § 28.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.36 - Timeshare Regulation. › 64.36.310 - Copy of advertisement to be filed with director before publication—Application of chapter limited.

RCW 64.36.310
Copy of advertisement to be filed with director before publication—Application of chapter limited.
(1) No person may publish any advertisement in this state offering a timeshare which is subject to the registration requirements of RCW 64.36.020 unless a true copy of the advertisement has been filed in the office of the director at least seven days before publication or a shorter period which the director by rule may establish. The right to subsequently publish the advertisement is subject to the approval of the director within that seven day period.
(2) Nothing in this chapter applies to any radio or television station or any publisher, printer, or distributor of any newspaper, magazine, billboard, or other advertising medium which accepts advertising in good faith without knowledge of its violation of any provision of this chapter. This subsection does not apply, however, to any publication devoted primarily to the soliciting of resale timeshare offerings and where the publisher or owner of the publication collects advance fees for the purpose of locating or finding potential resale buyers or sellers.
[ 1987 c 370 § 12; 1983 1st ex.s. c 22 § 31.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.36 - Timeshare Regulation. › 64.36.320 - Free gifts, awards, and prizes—Security arrangement required of promisor—Other requirements—Private causes of action.

RCW 64.36.320
Free gifts, awards, and prizes—Security arrangement required of promisor—Other requirements—Private causes of action.
(1) No person, including a promoter, may advertise, sell, contract for, solicit, arrange, or promise a free gift, an award, a prize, or other item of value in this state as a condition for attending a sales presentation, touring a facility, or performing other activities in connection with the offer or sale of a timeshare under this chapter, without first providing the director with a bond, letter of credit, cash depository, or other security arrangement that will assure performance by the promisor and delivery of the promised gift, award, sweepstakes, prize, or other item of value.
(2) Promoters under this chapter shall be strictly liable for delivering promised gifts, prizes, awards, or other items of value offered or advertised in connection with the marketing of timeshares.
(3) Persons promised but not receiving gifts, prizes, awards, or other items of consideration covered under this section, shall be entitled in any cause of action in the courts of this state in which their causes prevail, to be awarded treble the stated value of the gifts, prizes, or awards, court costs, and reasonable attorney fees.
(4) The director may require that any fees or funds of any description collected from persons in advance, in connection with delivery by the promisor of gifts, prizes, awards, or other items of value covered under this section, be placed in a depository in this state, where they shall remain until performance by the promisor.
(5) The director may require commercial promotional programs to be registered and require the provision of whatever information, including financial information, the department deems necessary for protection of purchasers.
(6) Persons offering commercial promotional programs shall sign and present to the department a consent to service of process, in the manner required of promoters in this chapter.
(7) Registrants or their agents or other persons shall not take possession of promotional materials covered under this section and RCW 64.36.310, from recipients who have received the materials for attending a sales presentation or touring a project, unless the permission of the recipient is received and the recipient is provided with an accurate signed copy describing such promotional materials. The department shall adopt rules enforcing this subsection.
(8) Chapter 19.170 RCW applies to free gifts, awards, prizes, or other items of value regulated under this chapter.
[ 1991 c 227 § 10; 1987 c 370 § 13.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.36 - Timeshare Regulation. › 64.36.330 - Membership lists available for members and owners—Conditions—Exclusion of members' names from list—Commercial use of list.

RCW 64.36.330
Membership lists available for members and owners—Conditions—Exclusion of members' names from list—Commercial use of list.
(1) Concerning any timeshare offered or sited in this state, it is unlawful and a violation of this chapter and chapter 19.86 RCW for any person, developer, promoter, operator, or other person in control of timeshares or the board of directors or appropriate officer of timeshares with such responsibilities, to fail to provide a member/owner of a timeshare with a membership list, including names, addresses, and lot, unit, or interval owned, under the following circumstances:
(a) Upon demand or by rule or order of the director of the department, for whatever purpose deemed necessary to administer this chapter;
(b) Upon written request sent by certified mail being made by a member of the timeshare, to a declarant, promoter, or other person who has established and is yet in control of the timeshare;
(c) Upon written request sent by certified mail of a member of a timeshare to the board of directors or appropriate officer of the timeshare or an affiliated timeshare.
(2) The board of directors of the timeshare may require that any applicant for a membership list, other than the department, pay reasonable costs for providing the list and an affidavit that the applicant will not use and will be responsible for any use of the list for commercial purposes.
(3) Upon request, a member's name shall be excluded from a membership list available to any person other than the director of licensing for purposes of administering statutes that are its responsibility. Such persons shall make their request for exclusion in writing by certified mail to the board of directors or the appropriate officer or director of the timeshare.
(4) It is unlawful for any person to use a membership list obtained under this section or otherwise, for commercial purposes, unless written permission to do so has been received from the board of directors or appropriate officer of the timeshare. Wilful use of a membership list for commercial purposes without such permission shall subject the violator to damages, costs, and reasonable attorneys' fees in any legal proceedings instituted by a member in which the member prevails alleging violation of this section. Members may petition the courts of this state for orders restraining such commercial use.
[ 1987 c 370 § 14.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.36 - Timeshare Regulation. › 64.36.340 - Uniform regulation of business and professions act.

RCW 64.36.340
Uniform regulation of business and professions act.
The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter.
[ 2002 c 86 § 304.]
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. › 64.36.350 - Military training or experience.

RCW 64.36.350
Military training or experience.
An applicant with military training or experience satisfies the training or experience requirements of this chapter unless the director determines that the military training or experience is not substantially equivalent to the standards of this state.
[ 2011 c 351 § 20.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.36 - Timeshare Regulation. › 64.36.351 - Spouses of military personnel—Registration.

RCW 64.36.351
Spouses of military personnel—Registration.
The director shall develop rules consistent with RCW 18.340.020 for the registration of spouses of military personnel.
[ 2011 2nd sp.s. c 5 § 9.]
NOTES:
Implementation—2011 2nd sp.s. c 5: See note following RCW 18.340.010.
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.37 - Short-Term Rentals. › 64.37.020 - Taxes.

RCW 64.37.020
Taxes.
Short-term rental operators must remit all applicable local, state, and federal taxes unless the platform does this on the operator's behalf. This includes occupancy, sales, lodging, and other taxes, fees, and assessments to which an owner or operator of a hotel or bed and breakfast is subject in the jurisdiction in which the short-term rental is located. If the short-term rental platform collects and remits an occupancy, sales, lodging, and other tax, fee, or assessment to which a short-term rental operator is subject on behalf of such operator, the platform must collect and remit such tax to the appropriate authorities.
[ 2019 c 346 § 2.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.37 - Short-Term Rentals. › 64.37.030 - Consumer safety.

RCW 64.37.030
Consumer safety.
(1) All short-term rental operators who offer dwelling units, or portions thereof, for short-term rental use in the state of Washington must:
(a) Provide contact information to all short-term rental guests during a guest's stay. The contact must be available to respond to inquiries at the short-term rental during the length of stay;
(b) Provide that their short-term rental is in compliance with RCW 19.27.530 and any rules adopted by the state building code council regarding the installation of carbon monoxide alarms; and
(c) Post the following information in a conspicuous place within each dwelling unit used as a short-term rental:
(i) The short-term rental street address;
(ii) The emergency contact information for summoning police, fire, or emergency medical services;
(iii) The floor plan indicating fire exits and escape routes;
(iv) The maximum occupancy limits; and
(v) The contact information for the operator or designated contact.
(2) Short-term rental platforms must provide short-term rental operators with a summary of the consumer safety requirements in subsection (1) of this section.
(3) For a first violation of this section, the city or county attorney must issue a warning letter to the owner or operator. An owner that violates this section after receiving a warning letter is guilty of a class 2 civil infraction under chapter 7.80 RCW.
[ 2019 c 346 § 3.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.37 - Short-Term Rentals. › 64.37.040 - Short-term rental platforms.

RCW 64.37.040
Short-term rental platforms.
(1) No short-term rental platform may engage in the business in the state of Washington unless the short-term rental platform is in compliance with the requirements of this chapter.
(2) A short-term rental platform must register with the department.
(3) Short-term rental platforms must inform all operators who use the platform of the operator's responsibilities to collect and remit all applicable local, state, and federal taxes unless the platform does this on the operator's behalf.
(4) Short-term rental platforms must inform all operators who use the platform of short-term rental safety requirements required in this chapter.
(5) Short-term rental platforms must provide all operators who use the platform with written notice, delivered by mail or electronically, that the operator's personal insurance policy that covers their dwelling unit might not provide liability protection, defense costs, or first party coverage when their property is used for short-term rental stays.
[ 2019 c 346 § 4.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.37 - Short-Term Rentals. › 64.37.050 - Liability insurance.

RCW 64.37.050
Liability insurance.
A short-term rental operator must maintain primary liability insurance to cover the short-term rental dwelling unit in the aggregate of not less than one million dollars or conduct each short-term rental transaction through a platform that provides equal or greater primary liability insurance coverage. Nothing in this section prevents an operator or a platform from seeking contributions from any other insurer also providing primary liability insurance coverage for the short-term rental transaction to the extent of that insurer's primary liability coverage limits.
[ 2019 c 346 § 5.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.38 - Homeowners' Associations. › 64.38.015 - Association membership.

RCW 64.38.015
Association membership.
The membership of an association at all times shall consist exclusively of the owners of all real property over which the association has jurisdiction, both developed and undeveloped.
[ 1995 c 283 § 3.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.38 - Homeowners' Associations. › 64.38.020 - Association powers.

RCW 64.38.020
Association powers.
Unless otherwise provided in the governing documents, an association may:
(1) Adopt and amend bylaws, rules, and regulations;
(2) Adopt and amend budgets for revenues, expenditures, and reserves, and impose and collect assessments for common expenses from owners;
(3) Hire and discharge or contract with managing agents and other employees, agents, and independent contractors;
(4) Institute, defend, or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more owners on matters affecting the homeowners' association, but not on behalf of owners involved in disputes that are not the responsibility of the association;
(5) Make contracts and incur liabilities;
(6) Regulate the use, maintenance, repair, replacement, and modification of common areas;
(7) Cause additional improvements to be made as a part of the common areas;
(8) Acquire, hold, encumber, and convey in its own name any right, title, or interest to real or personal property;
(9) Grant easements, leases, licenses, and concessions through or over the common areas and petition for or consent to the vacation of streets and alleys;
(10) Impose and collect any payments, fees, or charges for the use, rental, or operation of the common areas;
(11) Impose and collect charges for late payments of assessments and, after notice and an opportunity to be heard by the board of directors or by the representative designated by the board of directors and in accordance with the procedures as provided in the bylaws or rules and regulations adopted by the board of directors, levy reasonable fines in accordance with a previously established schedule adopted by the board of directors and furnished to the owners for violation of the bylaws, rules, and regulations of the association;
(12) Exercise any other powers conferred by the bylaws;
(13) Exercise all other powers that may be exercised in this state by the same type of corporation as the association; and
(14) Exercise any other powers necessary and proper for the governance and operation of the association.
[ 1995 c 283 § 4.]
NOTES:
Speed enforcement: RCW 46.61.419.
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.38 - Homeowners' Associations. › 64.38.030 - Association bylaws.

RCW 64.38.030
Association bylaws.
Unless provided for in the governing documents, the bylaws of the association shall provide for:
(1) The number, qualifications, powers and duties, terms of office, and manner of electing and removing the board of directors and officers and filling vacancies;
(2) Election by the board of directors of the officers of the association as the bylaws specify;
(3) Which, if any, of its powers the board of directors or officers may delegate to other persons or to a managing agent;
(4) Which of its officers may prepare, execute, certify, and record amendments to the governing documents on behalf of the association;
(5) The method of amending the bylaws; and
(6) Subject to the provisions of the governing documents, any other matters the association deems necessary and appropriate.
[ 1995 c 283 § 6.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.38 - Homeowners' Associations. › 64.38.033 - Flag of the United States—Outdoor display—Governing documents.

RCW 64.38.033
Flag of the United States—Outdoor display—Governing documents.
(1) The governing documents may not prohibit the outdoor display of the flag of the United States by an owner or resident on the owner's or resident's property if the flag is displayed in a manner consistent with federal flag display law, 4 U.S.C. Sec. 1 et seq. The governing documents may include reasonable rules and regulations, consistent with 4 U.S.C. Sec. 1 et seq., regarding the placement and manner of display of the flag of the United States.
(2) The governing documents may not prohibit the installation of a flagpole for the display of the flag of the United States. The governing documents may include reasonable rules and regulations regarding the location and the size of the flagpole.
(3) For purposes of this section, "flag of the United States" means the flag of the United States as defined in federal flag display law, 4 U.S.C. Sec. 1 et seq., that is made of fabric, cloth, or paper and that is displayed from a staff or flagpole or in a window. For purposes of this section, "flag of the United States" does not mean a flag depiction or emblem made of lights, paint, roofing, siding, paving materials, flora, or balloons, or of any similar building, landscaping, or decorative component.
(4) The provisions of this section shall be construed to apply retroactively to any governing documents in effect on June 10, 2004. Any provision in a governing document in effect on June 10, 2004, that is inconsistent with this section shall be void and unenforceable.
[ 2004 c 169 § 1.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.38 - Homeowners' Associations. › 64.38.034 - Political yard signs—Governing documents.

RCW 64.38.034
Political yard signs—Governing documents.
(1) The governing documents may not prohibit the outdoor display of political yard signs by an owner or resident on the owner's or resident's property before any primary or general election. The governing documents may include reasonable rules and regulations regarding the placement and manner of display of political yard signs.
(2) This section applies retroactively to any governing documents in effect on July 24, 2005. Any provision in a governing document in effect on July 24, 2005, that is inconsistent with this section is void and unenforceable.
[ 2005 c 179 § 1.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.38 - Homeowners' Associations. › 64.38.040 - Quorum for meeting.

RCW 64.38.040
Quorum for meeting.
Unless the governing documents specify a different percentage, a quorum is present throughout any meeting of the association if the owners to which thirty-four percent of the votes of the association are allocated are present in person or by proxy at the beginning of the meeting.
[ 1995 c 283 § 8.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.38 - Homeowners' Associations. › 64.38.050 - Violation—Remedy—Attorneys' fees.

RCW 64.38.050
Violation—Remedy—Attorneys' fees.
Any violation of the provisions of this chapter entitles an aggrieved party to any remedy provided by law or in equity. The court, in an appropriate case, may award reasonable attorneys' fees to the prevailing party.
[ 1995 c 283 § 10.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.38 - Homeowners' Associations. › 64.38.055 - Governing documents—Solar panels.

RCW 64.38.055
Governing documents—Solar panels.
(1) The governing documents may not prohibit the installation of a solar energy panel by an owner or resident on the owner's or resident's property as long as the solar energy panel:
(a) Meets applicable health and safety standards and requirements imposed by state and local permitting authorities;
(b) If used to heat water, is certified by the solar rating certification corporation or another nationally recognized certification agency. Certification must be for the solar energy panel and for installation; and
(c) If used to produce electricity, meets all applicable safety and performance standards established by the national electric code, the institute of electrical and electronics engineers, accredited testing laboratories, such as underwriters laboratories, and, where applicable, rules of the utilities and transportation commission regarding safety and reliability.
(2) The governing documents may:
(a) Prohibit the visibility of any part of a roof-mounted solar energy panel above the roofline;
(b) Permit the attachment of a solar energy panel to the slope of a roof facing a street only if:
(i) The solar energy panel conforms to the slope of the roof; and
(ii) The top edge of the solar energy panel is parallel to the roof ridge; or
(c) Require:
(i) A solar energy panel frame, a support bracket, or any visible piping or wiring to be painted to coordinate with the roofing material;
(ii) An owner or resident to shield a ground-mounted solar energy panel if shielding the panel does not prohibit economic installation of the solar energy panel or degrade the operational performance quality of the solar energy panel by more than ten percent; or
(iii) Owners or residents who install solar energy panels to indemnify or reimburse the association or its members for loss or damage caused by the installation, maintenance, or use of a solar energy panel.
(3) The governing documents may include other reasonable rules regarding the placement and manner of a solar energy panel.
(4) For purposes of this section, "solar energy panel" means a panel device or system or combination of panel devices or systems that relies on direct sunlight as an energy source, including a panel device or system or combination of panel devices or systems that collects sunlight for use in:
(a) The heating or cooling of a structure or building;
(b) The heating or pumping of water;
(c) Industrial, commercial, or agricultural processes; or
(d) The generation of electricity.
(5) This section does not apply to common areas as defined in RCW 64.38.010.
(6) This section applies retroactively to a governing document in effect on July 26, 2009. A provision in a governing document in effect on July 26, 2009, that is inconsistent with this section is void and unenforceable.
[ 2009 c 51 § 1.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.38 - Homeowners' Associations. › 64.38.060 - Adult family homes.

RCW 64.38.060
Adult family homes.
(1) To effectuate the public policy of chapter 70.128 RCW, the governing documents may not limit, directly or indirectly:
(a) Persons with disabilities from living in an adult family home licensed under chapter 70.128 RCW; or
(b) Persons and legal entities from operating adult family homes licensed under chapter 70.128 RCW, whether for-profit or nonprofit, to provide services covered under chapter 70.128 RCW. However, this subsection does not prohibit application of reasonable nondiscriminatory regulation, including but not limited to landscaping standards or regulation of sign location or size, that applies to all residential property subject to the governing documents.
(2) This section applies retroactively to any governing documents in effect on July 26, 2009. Any provision in a governing document in effect on or after July 26, 2009, that is inconsistent with subsection (1) of this section is unenforceable to the extent of the conflict.
[ 2009 c 530 § 4.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.38 - Homeowners' Associations. › 64.38.065 - Reserve account and study.

RCW 64.38.065
Reserve account and study.
(1) An association is encouraged to establish a reserve account with a financial institution to fund major maintenance, repair, and replacement of common elements, including limited common elements that will require major maintenance, repair, or replacement within thirty years. If the association establishes a reserve account, the account must be in the name of the association. The board of directors is responsible for administering the reserve account.
(2) Except as provided in RCW 64.90.080 and 64.90.545, unless doing so would impose an unreasonable hardship, an association with significant assets shall prepare and update a reserve study, in accordance with the association's governing documents and this chapter. The initial reserve study must be based upon a visual site inspection conducted by a reserve study professional.
(3) Except as provided in RCW 64.90.080 and 64.90.545, unless doing so would impose an unreasonable hardship, the association shall update the reserve study annually. At least every three years, an updated reserve study must be prepared and based upon a visual site inspection conducted by a reserve study professional.
(4) The decisions relating to the preparation and updating of a reserve study must be made by the board of directors in the exercise of the reasonable discretion of the board. The decisions must include whether a reserve study will be prepared or updated, and whether the assistance of a reserve study professional will be utilized.
[ 2019 c 238 § 223; 2011 c 189 § 9.]
NOTES:
Effective date—2011 c 189: "This act takes effect January 1, 2012." [ 2011 c 189 § 15.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.38 - Homeowners' Associations. › 64.38.075 - Reserve account—Withdrawals.

RCW 64.38.075
Reserve account—Withdrawals.
An association may withdraw funds from its reserve account to pay for unforeseen or unbudgeted costs that are unrelated to maintenance, repair, or replacement of the reserve components. The board of directors shall record any such withdrawal in the minute books of the association, cause notice of any such withdrawal to be hand delivered or sent prepaid by first-class United States mail to the mailing address of each owner or to any other mailing address designated in writing by the owner, and adopt a repayment schedule not to exceed twenty-four months unless it determines that repayment within twenty-four months would impose an unreasonable burden on the owners. Payment for major maintenance, repair, or replacement of the reserve components out of cycle with the reserve study projections or not included in the reserve study may be made from the reserve account without meeting the notification or repayment requirements under this section.
[ 2011 c 189 § 11.]
NOTES:
Effective date—2011 c 189: See note following RCW 64.38.065.