reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.525 - Budgets—Assessments—Special assessments.

RCW 64.90.525
Budgets—Assessments—Special assessments.
(1)(a) Within thirty days after adoption of any proposed budget for the common interest community, the board must provide a copy of the budget to all the unit owners and set a date for a meeting of the unit owners to consider ratification of the budget not less than fourteen nor more than fifty days after providing the budget. Unless at that meeting the unit owners of units to which a majority of the votes in the association are allocated or any larger percentage specified in the declaration reject the budget, the budget and the assessments against the units included in the budget are ratified, whether or not a quorum is present.
(b) If the proposed budget is rejected or the required notice is not given, the periodic budget last ratified by the unit owners continues until the unit owners ratify a subsequent budget proposed by the board.
(2) The budget must include:
(a) The projected income to the association by category;
(b) The projected common expenses and those specially allocated expenses that are subject to being budgeted, both by category;
(c) The amount of the assessments per unit and the date the assessments are due;
(d) The current amount of regular assessments budgeted for contribution to the reserve account;
(e) A statement of whether the association has a reserve study that meets the requirements of RCW 64.90.550 and, if so, the extent to which the budget meets or deviates from the recommendations of that reserve study; and
(f) The current deficiency or surplus in reserve funding expressed on a per unit basis.
(3) The board, at any time, may propose a special assessment. The assessment is effective only if the board follows the procedures for ratification of a budget described in subsection (1) of this section and the unit owners do not reject the proposed assessment. The board may provide that the special assessment may be due and payable in installments over any period it determines and may provide a discount for early payment.
[ 2018 c 277 § 326.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.530 - Financial statements—Association funds.

RCW 64.90.530
Financial statements—Association funds.
(1) The association must prepare, or cause to be prepared, at least annually, a financial statement of the association in accordance with accrual based accounting practices.
(2) The financial statements of associations with annual assessments of fifty thousand dollars or more must be audited at least annually by a certified public accountant. In the case of an association with annual assessments of less than fifty thousand dollars, an annual audit is also required but may be waived annually by unit owners other than the declarant of units to which a majority of the votes in the association are allocated, excluding the votes allocated to units owned by the declarant.
(3) The association must keep all funds of the association in the name of the association with a qualified financial institution. The funds must not be commingled with the funds of any other association or with the funds of any managing agent of the association or any other person, or be kept in any trust account or custodial account in the name of any trustee or custodian.
(4) A managing agent who accepts or receives funds belonging to the association must promptly deposit all such funds into an account maintained by the association as provided in subsection (3) of this section or RCW 64.90.535, as appropriate.
[ 2018 c 277 § 327.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.535 - Reserve accounts.

RCW 64.90.535
Reserve accounts.
An association required to obtain a reserve study pursuant to RCW 64.90.545 must establish one or more accounts for the deposit of funds, if any, for the replacement costs of reserve components. Any reserve account must be an income-earning account maintained under the direct control of the board, and the board is responsible for administering the reserve account.
[ 2018 c 277 § 328.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.540 - Reserve account—Withdrawals.

RCW 64.90.540
Reserve account—Withdrawals.
(1) The board may withdraw funds from the association's reserve account to pay for unforeseen or unbudgeted costs that are unrelated to replacement costs of the reserve components. Any such withdrawal must be recorded in the minute books of the association. The board must give notice of any such withdrawal to each unit owner and adopt a repayment schedule not to exceed twenty-four months unless the board determines that repayment within twenty-four months would impose an unreasonable burden on the unit owners. The board must provide to unit owners along with the annual budget adopted in accordance with RCW 64.90.525 (a) notice of any such withdrawal, (b) a statement of the current deficiency in reserve funding expressed on a per unit basis, and (c) the repayment plan.
(2) The board may withdraw funds from the reserve account without satisfying the notification of repayment requirements under this section to pay for replacement costs of reserve components not included in the reserve study.
[ 2018 c 277 § 329.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.545 - Reserve study.

RCW 64.90.545
Reserve study.
(1) Unless exempt under subsection (2) of this section, an association must prepare and update a reserve study in accordance with this chapter. An initial reserve study must be prepared by a reserve study professional and based upon either a reserve study professional's visual site inspection of completed improvements or a review of plans and specifications of or for unbuilt improvements, or both when construction of some but not all of the improvements is complete. An updated reserve study must be prepared annually. An updated reserve study must be prepared at least every third year by a reserve study professional and based upon a visual site inspection conducted by the reserve study professional.
(2) Unless the governing documents require otherwise, subsection (1) of this section does not apply (a) to common interest communities containing units that are restricted in the declaration to nonresidential use, (b) to common interest communities that have only nominal reserve costs, or (c) when the cost of the reserve study or update exceeds ten percent of the association's annual budget.
(3) The governing documents may impose greater requirements on the board.
[ 2018 c 277 § 330.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.555 - Reserve study—Demand—Enforcement.

RCW 64.90.555
Reserve study—Demand—Enforcement.
(1) When more than three years have passed since the date of the last reserve study prepared by a reserve study professional, unit owners of units to which at least twenty percent of the votes in the association are allocated may demand in a record delivered to the board that the cost of a reserve study be included in the next annual budget and that the study be prepared by the end of that budget year. The demand must refer to this section. The board must, upon receipt of the demand, include the cost of a reserve study in the next budget and, if that budget is not rejected by the unit owners pursuant to RCW 64.90.525, arrange for the preparation of a reserve study.
(2) One or more unit owners may bring an action to enforce the requirements of this section and RCW 64.90.545 and 64.90.550. In such an action, a court may order specific performance and may award reasonable attorneys' fees and costs to the prevailing party.
(3) A unit owner's duty to pay assessments is not excused because of the association's failure to comply with this section and RCW 64.90.545 and 64.90.550. A budget ratified by the unit owners pursuant to RCW 64.90.525 is not invalidated because of the association's failure to comply with this section and RCW 64.90.545 and 64.90.550.
[ 2018 c 277 § 332.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.560 - Reserve account—Reserve study—Reserve disclosure—Liability.

RCW 64.90.560
Reserve account—Reserve study—Reserve disclosure—Liability.
Except for an award for attorneys' fees and costs under RCW 64.90.555(2), monetary damages or other liability may not be awarded against or imposed upon the association or its officers or board members, or upon any person who may have provided advice or assistance to the association or its officers or board members, for failure to: Establish or replenish a reserve account, have a current reserve study prepared or updated in accordance with the requirements of this chapter, or make reserve disclosures in accordance with this chapter.
[ 2018 c 277 § 333.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.565 - Tenant screening.

RCW 64.90.565
Tenant screening.
(1) Except as otherwise prohibited by law, and subject to the limitations in subsection (2) of this section, a unit owners association may:
(a) Require any unit owner intending to lease the owner's unit to use a tenant screening service or obtain background information, including criminal history, on a prospective tenant, at the owner's sole cost and expense, prior to the owner entering into a lease agreement with a prospective tenant; and
(b) Require proof that the tenant screening requirement has been fulfilled or that the background information on a prospective tenant has been obtained by the owner intending to lease the owner's unit.
(2) An association may not require that a copy of the tenant screening report or any background information pertaining to a tenant be furnished to the association.
[ 2023 c 23 § 4.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.600 - Applicability—Waiver.

RCW 64.90.600
Applicability—Waiver.
(1) RCW 64.90.605 through 64.90.695 apply to all units subject to this chapter, except as provided in subsections (2) and (3) of this section.
(2) RCW 64.90.605 through 64.90.695 do not apply in the case of:
(a) A conveyance by gift, devise, or descent;
(b) A conveyance pursuant to court order;
(c) A conveyance by a government or governmental agency;
(d) A conveyance by foreclosure;
(e) A conveyance of all of the units in a common interest community in a single transaction;
(f) A conveyance to other than a purchaser;
(g) An agreement to convey that may be canceled at any time and for any reason by the purchaser without penalty;
(h) A conveyance of a unit restricted to nonresidential uses, except and to the extent otherwise agreed to in writing by the seller and purchaser of that unit.
(3) RCW 64.90.665, 64.90.670, 64.90.675, 64.90.680, 64.90.690, and 64.90.695 apply only to condominiums created under this chapter, and do not apply to other common interest communities.
[ 2018 c 277 § 401.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.615 - Public offering statement—Common interest communities subject to development rights.

RCW 64.90.615
Public offering statement—Common interest communities subject to development rights.
If the declaration provides that a common interest community is subject to any development rights or if the declarant reserves any special declarant rights, the public offering statement must include, in addition to the information required under RCW 64.90.610:
(1) A statement of all development rights and special declarant rights reserved to the declarant, together with the dates or other circumstances under which such rights must terminate; and
(2) A statement describing how the allocated interests of a unit may be changed by the exercise of any development right.
[ 2018 c 277 § 404.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.620 - Public offering statement—Conversion buildings.

RCW 64.90.620
Public offering statement—Conversion buildings.
(1) A public offering statement for a unit in a conversion building must contain, in addition to the information required under RCW 64.90.610, 64.90.615, and 64.90.655(6)(a):
(a) Either a copy of a report prepared by an independent, licensed architect or engineer or a statement by the declarant based on such report that describes, to the extent reasonably ascertainable, the present condition of all structural components and mechanical and electrical installations material to the use and enjoyment of the common interest community;
(b) A statement by the declarant or dealer of the expected useful life of each item reported on in (a) of this subsection or a statement that no representations are made in that regard;
(c) A copy of any inspection and repair report for the conversion building required under RCW 64.55.090, if applicable;
(d) A list of any outstanding notices of uncured violations of building code or other municipal ordinances and regulations, together with the estimated cost of curing those violations and a statement that such list is not a representation that the conversion building is in compliance with the current building code or other municipal ordinances and regulations;
(e) A statement of the improvements to the conversion building made or contracted for by the declarant or dealer, or affiliate of either, offering the unit for sale; and
(f) The current deficiency or surplus in reserve funding expressed on a per unit basis.
(2) The obligation to provide the information required in subsection (1) of this section as to any particular conversion building ceases on the earlier of (a) the date when all units in the building have been conveyed to persons other than the declarant or a dealer, or any affiliate of the declarant or dealer, or (b) the date set forth in RCW 64.90.605(5).
[ 2018 c 277 § 405.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.625 - Public offering statement—Disclosure document.

RCW 64.90.625
Public offering statement—Disclosure document.
If a unit is offered for sale for which the delivery of a public offering statement or other disclosure document is required under the laws of any state or the United States, a single disclosure document conforming to the requirements of RCW 64.90.610, 64.90.615, and 64.90.620 and conforming to any other requirement imposed under such laws may be prepared and delivered in lieu of providing two or more disclosure documents.
[ 2018 c 277 § 406.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.630 - Public offering statement—Contract of sale—Conveyance restriction.

RCW 64.90.630
Public offering statement—Contract of sale—Conveyance restriction.
In the case of a sale of a unit in which delivery of a public offering statement is required, a contract of sale may be executed unless otherwise prohibited by applicable law, but interest in that unit may not be conveyed until:
(1) The declaration and map that create the common interest community in which that unit is located are recorded pursuant to RCW 64.90.200(1) and 64.90.245(3); and
(2) In the case of a unit in a building containing that unit or a building comprising that unit, the unit is substantially completed and available for occupancy, and all structural components and mechanical systems of the building containing or comprising that unit are substantially completed, but a declarant or dealer and a purchaser may otherwise specifically agree in writing as to the extent to which the unit will not be substantially completed and available and to which any structural components and mechanical systems will not be substantially completed at the time of conveyance.
[ 2018 c 277 § 407.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.635 - Purchaser's right to cancel.

RCW 64.90.635
Purchaser's right to cancel.
(1) The purchaser may cancel a contract for the purchase of the unit within seven days after first receiving the public offering statement. If the public offering statement is first provided to a purchaser more than seven days before execution of a contract for the purchase of a unit, the purchaser does not have the right under this section to cancel the executed contract. If the public offering statement is first provided to a purchaser seven days or less before the purchaser signs a contract for the purchase of a unit, the purchaser, before conveyance of the unit to the purchaser, may cancel the contract by delivering, no later than the seventh day after first receiving the public offering statement, a notice of cancellation, delivered pursuant to subsection (3) of this section. If the public offering statement is first provided to a purchaser less than seven days before the closing date for the conveyance of that unit, the purchaser may, before conveyance of the unit to the purchaser, extend the closing date to a date not more than seven days after the purchaser first received the public offering statement.
(2) A purchaser does not have the right under this section to cancel a contract upon receipt of an amendment to a public offering statement. This subsection must not be construed to eliminate any right that is otherwise available to the purchaser under generally applicable contract law to rescind the contract due to the disclosure of the information in the amendment.
(3) If a purchaser elects to cancel a contract under subsection (1) of this section, the purchaser may do so by hand-delivering notice of cancellation, or by mailing notice of cancellation by prepaid United States mail, to the declarant at the address set forth in the public offering statement or at the address of the declarant's registered agent for service of process. The date of such notice is the date of receipt of delivery, if hand-delivered, or the date of deposit in the United States mail, if mailed. Cancellation is without penalty, and all payments made to the seller by the purchaser before cancellation must be refunded promptly. There is no liability for failure to deliver any amendment unless such failure would have entitled the purchaser under generally applicable legal principles to cancel the contract for the purchase of the unit had the undisclosed information been evident to the purchaser before the closing of the purchase.
(4) The language of the notice required under RCW 64.90.610(2)(a) must not be construed to modify the rights set forth in this section.
[ 2018 c 277 § 408.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.645 - Deposits—Escrow.

RCW 64.90.645
Deposits—Escrow.
(1) Except as provided in subsection (2) of this section, any earnest money deposit, as defined in RCW 64.04.005, made in connection with the right to purchase a unit from a person required to deliver a public offering statement pursuant to RCW 64.90.605(3) must be placed in escrow and held in this state in an escrow or trust account designated solely for that purpose by a licensed title insurance company or agent, a licensed attorney, a real estate broker or independent bonded escrow company, or an institution whose accounts are insured by a governmental agency or instrumentality until: (a) Delivered to the declarant at closing, (b) delivered to the declarant because of the purchaser's default under a contract to purchase the unit, (c) refunded to the purchaser, or (d) delivered to a court in connection with the filing of an interpleader action.
(2)(a) If a purchase agreement for the sale of a unit provides that deposit funds may be used for construction costs and the declarant obtains and maintains a surety bond as required by this section, the declarant may withdraw escrow funds when construction of improvements has begun. The funds may be used only for actual building and construction costs of the project in which the unit is located.
(b) The bond must be issued by a surety insurer licensed in this state in favor of the purchaser in an amount adequate to cover the amount of the deposit to be withdrawn. The declarant may not withdraw more than the face amount of the bond. The bond must be payable to the purchaser if the purchaser obtains a final judgment against the declarant requiring the declarant to return the deposit pursuant to the purchase agreement. The bond may be either in the form of an individual bond for each deposit accepted by the declarant or in the form of a blanket bond assuring the return of all deposits received by the declarant.
(c) The party holding escrow funds who releases all or any portion of the funds to the declarant has no obligation to monitor the progress of construction or the expenditure of the funds by the declarant and is not liable to any purchaser for the release of funds pursuant to this section.
(3) The amount of deposit funds that may be used pursuant to subsection (2) of this section may not exceed five percent of the purchase price.
[ 2023 c 337 § 8; 2021 c 260 § 2; 2018 c 277 § 410.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.650 - Liens—Release.

RCW 64.90.650
Liens—Release.
(1) In the case of a sale of a unit when delivery of a public offering statement is required pursuant to RCW 64.90.605(3) and subject to subsection (2) of this section, a seller before conveying a unit:
(a) Must record or furnish to the purchaser releases of all liens that encumber:
(i) In a condominium, that unit and its common element interest; and
(ii) In a cooperative, plat community, or miscellaneous community, that unit and any limited common elements assigned to that unit; or
(b) Must provide the purchaser of that unit with title insurance from a licensed title insurance company against any lien not released pursuant to (a) of this subsection.
(2) Subsection (1) of this section does not apply to liens that encumber:
(a) Real estate that a declarant has the right to withdraw from the common interest community;
(b) In a condominium, the unit and its common element interest being purchased, but no other unit, if the purchaser expressly agrees in writing to take subject to or assume such lien;
(c) In a cooperative, plat community, or miscellaneous community, the unit and any limited common element allocated to the unit being purchased, but no other unit, if the purchaser expressly agrees in writing to take subject to or assume such lien.
(3) Before conveying real property to the association, the declarant must have that real property released from:
(a) All liens the foreclosure of which would deprive unit owners of any right of access to or easement of support of their units; and
(b) All other liens on that real property unless the public offering statement describes certain real property that may be conveyed subject to liens in specified amounts.
(4) In the case of a cooperative, the provisions of this section do not apply to liens securing indebtedness that represent a common expense liability for which the purchaser expressly agrees in writing to be responsible.
[ 2019 c 238 § 213; 2018 c 277 § 411.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.660 - Conversion buildings—Common interest community units—Report.

RCW 64.90.660
Conversion buildings—Common interest community units—Report.
(1) All cities and counties planning under RCW 36.70A.040, which have inspected any conversion buildings or managed the payment of relocation assistance within the jurisdiction within the previous twelve-month period, must report annually to the department of commerce the following information:
(a) The total number of apartment units converted into common interest community units;
(b) The total number of conversion common interest community projects; and
(c) The total number of residential tenants and residential subtenants who receive relocation assistance.
(2) Upon completion of a conversion common interest community project, a city or county may require the declarant to provide the information described in subsection (1)(a) and (c) of this section for the converted common interest community to the appropriately designated department or agency in the city or county for the purpose of complying with subsection (1) of this section.
[ 2018 c 277 § 413.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.665 - Express warranties.

RCW 64.90.665
Express warranties.
(1) Subject to subsections (2) and (3) of this section, express warranties made by any declarant or dealer to a purchaser of a unit in a condominium, if relied upon by the purchaser in purchasing the unit, are created as follows:
(a) Any written affirmation of fact or written promise that relates to the unit, its use, or rights appurtenant to the unit or its use, improvements to the condominium that would directly benefit the unit, or the right to use or have the benefit of facilities not located in the condominium creates an express warranty that the unit and related rights and uses will not materially deviate from the affirmation or promise.
(b) Any written description of the physical characteristics of the condominium at the time the purchase agreement is executed, including plans and specifications of or for improvements, creates an express warranty that the condominium will conform to the written description in all material respects.
(c) Any written description of the quantity or extent of the real estate comprising the condominium, including plats or surveys, creates an express warranty that the condominium will conform to the description, subject to customary tolerances.
(d) A written statement that a purchaser may put a unit only to a specified use is an express warranty that the specified use is lawful.
(2) Subject to subsection (3) of this section, neither formal words, such as "warranty" or "guarantee," nor a specific intention to make a warranty are necessary to create an express warranty, but a statement of opinion or a commendation of the real estate, its quality, or its value does not create a warranty, and a statement, promise, model, depiction, or description does not create a warranty if it discloses that it is only proposed, is not representative, or is subject to change.
(3) A purchaser may not rely on any statement, affirmation, promise, model, depiction, or description unless it is contained in the public offering statement delivered to the purchaser or made in a record signed by the declarant or dealer, or the declarant's or dealer's agent identified in the public offering statement.
(4) Any conveyance of a unit transfers to the purchaser all express warranties of quality made by the declarant or dealer.
[ 2018 c 277 § 414.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.670 - Implied warranties of quality.

RCW 64.90.670
Implied warranties of quality.
(1) A declarant and any dealer warrants to a purchaser of a condominium unit that the unit will be in at least as good condition at the earlier of the time of the conveyance or delivery of possession as it was at the time of contracting, except for reasonable wear and tear and damage by casualty or condemnation.
(2) A declarant and any dealer impliedly warrants to a purchaser of a condominium unit that the unit and the common elements in the condominium are suitable for the ordinary uses of real estate of its type and that any improvements made or contracted for by such declarant or dealer will be:
(a) Free from defective materials;
(b) Constructed in accordance with engineering and construction standards, including applicable building codes, generally accepted in the state of Washington at the time of construction; and
(c) Constructed in a workmanlike manner.
(3) A declarant and any dealer warrants to a purchaser of a condominium unit that may be used for residential use that an existing use, continuation of which is contemplated by the parties, does not violate applicable law at the earlier of the time of conveyance or delivery of possession.
(4) Warranties imposed under this section may be excluded or modified as specified in RCW 64.90.675.
(5) For purposes of this section, improvements made or contracted for by an affiliate of a declarant are made or contracted for by the declarant.
(6) Any conveyance of a condominium unit transfers to the purchaser all of a declarant's or dealer's implied warranties of quality.
(7)(a) In a proceeding for breach of any of the obligations arising under this section, the purchaser must show that the alleged breach has adversely affected or will adversely affect the performance of that portion of the unit or common elements alleged to be in breach. Nothing in this section limits the ability of a board to bring claims on behalf of two or more unit owners pursuant to RCW 64.90.405(2)(d).
(b) To establish an adverse effect on performance, the purchaser is required to prove that the alleged breach:
(i) Is more than technical;
(ii) Is significant to a reasonable person; and
(iii) Has caused or will cause physical damage to the unit or common elements; has materially impaired the performance of mechanical, electrical, plumbing, elevator, or similar building equipment; or presents an actual, unreasonable safety risk to the occupants of the condominium.
(8) Proof of breach of any obligation arising under this section is not proof of damages. Damages awarded for a breach of a warranty arising under subsection (2) of this section are the reasonable cost of repairs. However, if it is established that the cost of such repairs is clearly disproportionate to the loss in market value caused by the breach, damages are limited to the loss in market value.
[ 2019 c 238 § 102; 2018 c 277 § 415.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.675 - Implied warranties of quality—Exclusion or modification.

RCW 64.90.675
Implied warranties of quality—Exclusion or modification.
(1) Except as limited under subsection (2) of this section with respect to a purchaser of a condominium unit that may be used for residential use, implied warranties of quality under RCW 64.90.670:
(a) May be excluded or modified by written agreement of the parties; and
(b) Are excluded by written expression of disclaimer, such as "as is," "with all faults," or other language that in common understanding calls the buyer's attention to the exclusion of warranties.
(2) With respect to a purchaser of a condominium unit that may be used for residential use, no disclaimer of implied warranties of quality under RCW 64.90.670 is effective, except that a declarant and any dealer may disclaim liability in an instrument for one or more specified defects or failures to comply with applicable law, if:
(a) The declarant or dealer knows or has reason to believe that the specific defects or failures exist at the time of disclosure;
(b) The disclaimer specifically describes the defects or failures;
(c) The disclaimer includes a statement as to the effect of the defects or failures;
(d) The disclaimer is boldfaced, capitalized, underlined, or otherwise set out from surrounding material so as to be conspicuous; and
(e) The disclaimer is signed by the purchaser.
(3) A declarant or dealer may not make an express written warranty of quality that limits the implied warranties of quality made to the purchaser set forth in RCW 64.90.670.
[ 2018 c 277 § 416.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.680 - Warranties of quality—Breach—Actions for construction defect claims.

RCW 64.90.680
Warranties of quality—Breach—Actions for construction defect claims.
(1) A proceeding for breach of any obligations arising under RCW 64.90.665, 64.90.670, or 64.90.675 must be commenced within four years after the cause of action accrues. The period for commencing an action for a breach accruing pursuant to subsection (2)(a) of this section does not expire prior to one year after termination of the period of declarant control, if any, under RCW 64.90.415. Such periods may not be reduced by either oral or written agreement or through the use of contractual claims or notice procedures that require the filing or service of any claim or notice prior to the expiration of the period specified in this section.
(2) Subject to subsection (3) of this section, a cause of action for breach of warranty of quality, regardless of the purchaser's lack of knowledge of the breach, accrues:
(a) As to a unit, the latest of:
(i) The date the unit was conveyed to the purchaser to whom the warranty is first made; or
(ii) The date any portion of the unit that constitutes a building enclosure as defined in RCW 64.55.010(3) was completed; and
(b) As to each common element, at the latest of:
(i) The date the common element was completed;
(ii) The date the common element was added to the condominium; or
(iii) The date the first unit in the condominium was conveyed to a bona fide purchaser.
(3) If a warranty of quality explicitly extends to future performance or duration of any improvement or component of the condominium, the cause of action accrues at the time the breach is discovered or at the end of the period for which the warranty explicitly extends, whichever is earlier.
(4) If a written notice of claim is served under RCW 64.50.020 within the time prescribed for the filing of an action under this chapter, the statutes of limitation in this chapter and any applicable statutes of repose for construction-related claims are tolled until sixty days after the period of time during which the filing of an action is barred under RCW 64.50.020.
[ 2018 c 277 § 417.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.685 - Action to enforce right granted, obligation imposed—Court may award reasonable attorneys' fees and costs—Alternative dispute resolution allowed.

RCW 64.90.685
Action to enforce right granted, obligation imposed—Court may award reasonable attorneys' fees and costs—Alternative dispute resolution allowed.
(1) A declarant, association, unit owner, or any other person subject to this chapter may bring an action to enforce a right granted or obligation imposed under this chapter or the governing documents. The court may award reasonable attorneys' fees and costs.
(2) Parties to a dispute arising under this chapter or the governing documents may agree at any time to resolve the dispute by any form of binding or nonbinding alternative dispute resolution.
[ 2018 c 277 § 418.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.690 - Promotional material—Labeling requirement.

RCW 64.90.690
Promotional material—Labeling requirement.
Promotional material may not be displayed or delivered to prospective purchasers of a condominium unit that describes or portrays an unbuilt contemplated improvement in the condominium unless the description or portrayal of the improvement in the promotional material is conspicuously labeled or identified either as "MUST BE BUILT" or as "NEED NOT BE BUILT" or words to that effect.
[ 2018 c 277 § 419.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.695 - Improvements—Duties of declarant.

RCW 64.90.695
Improvements—Duties of declarant.
(1) Except for improvements labeled "NEED NOT BE BUILT" on the map in conformity to RCW 64.90.245(9), the declarant must complete all improvements depicted on the map or other graphic representation of a condominium, if the map or other graphic representation is contained in the public offering statement or in any promotional material approved or authorized by the declarant with respect to the condominium.
(2) The declarant is subject to liability for the prompt repair and restoration, to a condition compatible with the remainder of the condominium, of any portion of the condominium damaged by the exercise of rights reserved pursuant to or created under RCW 64.90.250 through 64.90.280.
[ 2018 c 277 § 420.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.700 - Conversion building notice.

RCW 64.90.700
Conversion building notice.
A declarant or dealer who intends to offer units in a conversion building must provide a conversion building notice of the conversion to the Washington state housing finance commission no later than 120 days before the residential tenants and any residential subtenant in possession of a portion of a conversion building are required to vacate.
[ 2022 c 165 § 4.]
NOTES:
Findings—Intent—2022 c 165: See note following RCW 43.180.245.
2023 Revised Code of Washington › Title 65 - Recording, Registration, and Legal Publication › RCW Dispositions › 65.04 DUTIES OF COUNTY AUDITOR

Sections
65.04.010 Duty to record.
[1943 c 23 § 1; 1927 c 278 § 10; RRS § 10596-10.]
Now codified as RCW 65.08.150.
65.04.100 Data to be furnished upon request.
[Code 1881 § 2733; RRS § 10608.]
Repealed by 1985 c 44 § 20.
65.04.120 No liability for error in recording when properly indexed.
[1927 c 278 § 9; RRS § 10596-9.]
Now codified as RCW 65.08.140.
2023 Revised Code of Washington › Title 65 - Recording, Registration, and Legal Publication › RCW Dispositions › 65.08 RECORDING

Sections
65.08.010 Recording mixed mortgages — Effect.
[1899 c 72 § 1; RRS § 10597.]
Repealed effective midnight June 30, 1967, by section 10-102 of the Uniform Commercial Code, 1965 ex.s. c 157 (Title 62A RCW).
65.08.020 Recording mixed mortgages — Effect of subsequent filing of affidavit of good faith.
[1899 c 72 § 2; RRS § 10598.]
Repealed effective midnight June 30, 1967, by section 10-102 of the Uniform Commercial Code, 1965 ex.s. c 157 (Title 62A RCW).
65.08.040 Bill of sale — Recording.
[Code 1881 § 2327; 1863 p 413 § 4; 1854 p 404 § 4; RRS § 5827.]
Repealed effective midnight June 30, 1967, by section 10-102 of the Uniform Commercial Code, 1965 ex.s. c 157 (Title 62A RCW). Cf. RCW 62A.2-107(3), 62A.2-402(2), and 62A.2-403(3).
65.08.080 Executory contracts.
[1927 c 278 § 3; RRS § 10596-3.]
Repealed by 1984 c 73 § 2.
2023 Revised Code of Washington › Title 65 - Recording, Registration, and Legal Publication › RCW Dispositions › 65.16 LEGAL PUBLICATIONS

Sections
65.16.090 Publication fees.
[1973 1st ex.s. c 28 § 2; 1967 ex.s. c 57 § 1; 1955 c 186 § 1; 1947 c 140 § 1; 1921 c 99 § 4; Rem. Supp. 1947 § 253-4.]
Repealed by 1977 c 34 § 5. Later enactment, see RCW 65.16.091.
65.16.140 Broadcaster to retain copy or transcription.
[1961 c 85 § 2; 1951 c 119 § 2.] Repealed by 2007 c 103 § 3.
2023 Revised Code of Washington › Title 65 - Recording, Registration, and Legal Publication › RCW Dispositions › 65.20 CLASSIFICATION OF MANUFACTURED HOMES

Sections
65.20.920 Captions not law.
[1989 c 343 § 16.]
Decodified by the code reviser, July 2016.
65.20.940 Severability-1989 c 343.
[1989 c 343 § 26.]
Decodified by the code reviser, July 2016.
2023 Revised Code of Washington › Title 65 - Recording, Registration, and Legal Publication › Chapter 65.04 - Duties of County Auditor. › 65.04.015 - Definitions.

RCW 65.04.015
Definitions.
The definitions set forth in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Recording officer" means the county auditor, or in charter counties the county official charged with the responsibility for recording instruments in the county records.
(2) "File," "filed," or "filing" means the act of delivering or transmitting electronically an instrument to the auditor or recording officer for recording into the official public records.
(3) "Record," "recorded," or "recording" means the process, such as electronic, mechanical, optical, magnetic, or microfilm storage used by the auditor or recording officer after filing to incorporate the instrument into the public records.
(4) "Recording number" means a unique number that identifies the storage location (book or volume and page, reel and frame, instrument number, auditor or recording officer file number, receiving number, electronic retrieval code, or other specific place) of each instrument in the public records accessible in the same recording office where the instrument containing the reference to the location is found.
(5) "Grantor/grantee" for recording purposes means the names of the parties involved in the transaction used to create the recording index. There will always be at least one grantor and one grantee for any document. In some cases, the grantor and the grantee will be the same individual(s), or one of the parties may be the public.
(6) "Legible and capable of being imaged" means all text, seals, drawings, signatures, or other content within the document must be legible and capable of producing a readable image, regardless of what process is used for recording.
[ 1999 c 233 § 10; 1998 c 27 § 3; 1996 c 229 § 1; 1991 c 26 § 3.]
NOTES:
Effective date—1999 c 233: See note following RCW 4.28.320.
2023 Revised Code of Washington › Title 65 - Recording, Registration, and Legal Publication › Chapter 65.04 - Duties of County Auditor. › 65.04.020 - Duty to provide records.

RCW 65.04.020
Duty to provide records.
For the purpose of recording deeds and other instruments of writing, required or permitted by law to be recorded, the county auditor shall procure such media for records as the business of the office requires.
[ 1999 c 233 § 11; 1985 c 44 § 14; 1893 c 119 § 10; Code 1881 § 2726; RRS § 10600.]
NOTES:
Effective date—1999 c 233: See note following RCW 4.28.320.
2023 Revised Code of Washington › Title 65 - Recording, Registration, and Legal Publication › Chapter 65.04 - Duties of County Auditor. › 65.04.030 - Instruments to be recorded or filed.

RCW 65.04.030
Instruments to be recorded or filed.
The auditor or recording officer must, upon the payment of the fees as required in RCW 36.18.010 for the same, acknowledge receipt therefor in writing or printed form and record in large and well bound books, or by photographic, photomechanical, electronic format, or other approved process, the following:
(1) Deeds, grants and transfers of real property, mortgages and releases of mortgages of real estate, instruments or agreements relating to community or separate property, powers of attorney to convey real estate, and leases which have been acknowledged or proved: PROVIDED, That deeds, contracts and mortgages of real estate described by lot and block and addition or plat, shall not be filed or recorded until the plat of such addition has been filed and made a matter of record;
(2) Patents to lands and receivers' receipts, whether for mineral, timber, homestead or preemption claims or cash entries;
(3) All such other papers or writing as are required by law to be recorded and such as are required by law to be filed.
[ 1996 c 229 § 2; 1991 c 26 § 4; 1985 c 44 § 15; 1967 c 98 § 1; 1919 c 182 § 1; 1893 c 119 § 11; Code 1881 § 2727; 1865 p 26 § 1; RRS § 10601.]
NOTES:
Claim of spouse or domestic partner in community realty to be filed: RCW 26.16.100.
Marriage certificate to county auditor, filing and recording, etc.: RCW 26.04.090, 26.04.100.
Purchaser of community realty protected by record title: RCW 26.16.095.
2023 Revised Code of Washington › Title 65 - Recording, Registration, and Legal Publication › Chapter 65.04 - Duties of County Auditor. › 65.04.033 - Notice of abandoned cemetery document—Recording requirements.

RCW 65.04.033
Notice of abandoned cemetery document—Recording requirements.
Any person who has knowledge of the existence of any cemetery, abandoned cemetery, historical cemetery, or historic grave that has not been dedicated pursuant to RCW 68.24.010 through 68.24.040 may file for recording, in the county in which the cemetery or grave is located, a notice of abandoned cemetery document providing notice of the existence of the cemetery or grave. Such document shall contain the legal description of the property, the approximate location of the cemetery or grave within the property, the name of the owner or reputed owner of the property, and the assessor's tax parcel or account number. The auditor or recording officer shall index the document to the names of the property owner and the person executing the document.
[ 1999 c 367 § 1.]
2023 Revised Code of Washington › Title 65 - Recording, Registration, and Legal Publication › Chapter 65.04 - Duties of County Auditor. › 65.04.040 - Method for recording instruments—Marginal notations—Arrangement of records.

RCW 65.04.040
Method for recording instruments—Marginal notations—Arrangement of records.
Any state, county, or municipal officer charged with the duty of recording instruments in public records shall record them by *record location number in the order filed, irrespective of the type of instrument, using a process that has been tested and approved for the intended purpose by the state archivist.
In addition, the county auditor or recording officer, in the exercise of the duty of recording instruments in public records, may, in lieu of transcription, record all instruments, that he or she is charged by law to record, by any electronic data transfer, photographic, photostatic, microfilm, microcard, miniature photographic or other process that actually reproduces or forms a durable medium for so reproducing the original, and which has been tested and approved for the intended purpose by the state archivist. If the county auditor or recording officer records any instrument by a process approved by the state archivist it shall not be necessary thereafter to make any notations or marginal notes, which are otherwise required by law, thereon if, in lieu of making said notations thereon, the auditor or recording officer immediately makes a note of such in the general index in the column headed "remarks," listing the record number location of the instrument to which the current entry relates back.
Previously recorded or filed instruments may be processed and preserved by any means authorized under this section for the original recording of instruments. The county auditor or recording officer may provide for the use of the public, media containing reproductions of instruments and other materials that have been recorded pursuant to the provisions of this section. The contents of the media may be arranged according to date of filing, irrespective of type of instrument, or in such other manner as the county auditor or recording officer deems proper.
[ 1996 c 229 § 3; 1991 c 26 § 5; 1985 c 44 § 16; 1967 c 98 § 2; 1959 c 254 § 1; 1919 c 125 § 1; RRS § 10602.]
NOTES:
*Reviser's note: The definition "record location number" was changed to "recording number" by 1999 c 233 § 10.
Fees for recording instruments: RCW 36.18.010.
State archivist: RCW 40.14.020.