reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.38 - Homeowners' Associations. › 64.38.080 - Reserve study—Demand for preparation and inclusion in budget.

RCW 64.38.080
Reserve study—Demand for preparation and inclusion in budget.
(1) When more than three years have passed since the date of the last reserve study prepared by a reserve study professional, the owners to which at least thirty-five percent of the votes are allocated may demand, in writing, to the association that the cost of a reserve study be included in the next budget and that the study be prepared by the end of that budget year. The written demand must refer to this section. The board of directors shall, upon receipt of the written demand, provide the owners who make the demand reasonable assurance that the board will include a reserve study in the next budget and, if the budget is not rejected by a majority of the owners, will arrange for the completion of a reserve study.
(2) If a written demand under this section is made and a reserve study is not timely prepared, a court may order specific performance and award reasonable attorneys' fees to the prevailing party in any legal action brought to enforce this section. An association may assert unreasonable hardship as an affirmative defense in any action brought against it under this section. Without limiting this affirmative defense, an unreasonable hardship exists where the cost of preparing a reserve study would exceed five percent of the association's annual budget.
(3) An owner's duty to pay for common expenses is not excused because of the association's failure to comply with this section or this chapter. A budget ratified by the owners is not invalidated because of the association's failure to comply with this section or this chapter.
[ 2011 c 189 § 12.]
NOTES:
Effective date—2011 c 189: See note following RCW 64.38.065.
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.38 - Homeowners' Associations. › 64.38.085 - Reserve account and study—Liability.

RCW 64.38.085
Reserve account and study—Liability.
Monetary damages or any other liability may not be awarded against or imposed upon the association, the officers or board of directors of the association, or those persons who may have provided advice or assistance to the association or its officers or directors, for failure to: Establish a reserve account; have a current reserve study prepared or updated in accordance with the requirements of this chapter; or make the reserve disclosures in accordance with this chapter.
[ 2011 c 189 § 13.]
NOTES:
Effective date—2011 c 189: See note following RCW 64.38.065.
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.38 - Homeowners' Associations. › 64.38.090 - Reserve study—Exemptions.

RCW 64.38.090
Reserve study—Exemptions.
Except as provided in RCW 64.90.080 and 64.90.545, an association is not required to follow the reserve study requirements under RCW 64.38.025 and RCW 64.38.065 through 64.38.085 if the cost of the reserve study exceeds five percent of the association's annual budget, the association does not have significant assets, or there are ten or fewer homes in the association.
[ 2019 c 238 § 224; 2011 c 189 § 14.]
NOTES:
Effective date—2011 c 189: See note following RCW 64.38.065.
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.38 - Homeowners' Associations. › 64.38.095 - Application to common interest communities.

RCW 64.38.095
Application to common interest communities.
(1) This chapter does not apply to common interest communities as defined in RCW 64.90.010:
(a) Created on or after July 1, 2018; or
(b) That have amended their governing documents to provide that chapter 64.90 RCW will apply to the common interest community pursuant to RCW 64.90.095.
(2) Pursuant to RCW 64.90.080, the following provisions of chapter 64.90 RCW apply, and any inconsistent provisions of this chapter do not apply, to a common interest community created before July 1, 2018:
(a) RCW 64.90.095;
(b) RCW 64.90.405(1) (b) and (c);
(c) RCW 64.90.525; and
(d) RCW 64.90.545.
[ 2019 c 238 § 225; 2018 c 277 § 505.]
NOTES:
Effective date—2018 c 277: See RCW 64.90.910.
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.38 - Homeowners' Associations. › 64.38.130 - Tenant screening.

RCW 64.38.130
Tenant screening.
(1) Except as otherwise prohibited by law, and subject to the limitations in subsection (2) of this section, a homeowners' association may:
(a) Require any lot owner intending to lease the owner's lot 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 lot.
(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 § 3.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.38 - Homeowners' Associations. › 64.38.140 - Licensed family home child care or licensed child day care center—Regulations—Liability.

RCW 64.38.140
Licensed family home child care or licensed child day care center—Regulations—Liability.
(1) A homeowners' association may not adopt or enforce a restriction, covenant, condition, bylaw, rule, regulation, provision of a governing document, or master deed provision that effectively prohibits, unreasonably restricts, or limits, directly or indirectly, the use of a lot as a licensed family home child care operated by a family day care provider or as a licensed child day care center, except as provided in subsection (2) of this section.
(2)(a) Nothing in this section prohibits a homeowners' association from imposing reasonable regulations on a family home child care or a child day care center including, but not limited to, architectural standards, as long as those regulations are identical to those applied to all other lots within the same association as the family home child care or the child day care center.
(b) An association may require that only a lot with direct access may be used as a family home child care or child day care center. Direct access must be through publicly accessible common areas.
(c) An association may adopt or enforce a restriction, covenant, condition, bylaw, rule, regulation, provision of a governing document, or master deed provision that requires a family home child care or a child day care center operating out of a lot within the association to:
(i) Be licensed under chapter 43.216 RCW;
(ii) Indemnify and hold harmless the association against all claims, whether brought by judicial or administrative action, relating to the operation of the family home child care or the child day care center, excluding claims arising in common areas that the association is solely responsible for maintaining under the governing documents;
(iii) Obtain a signed waiver of liability releasing the association from legal claims directly related to the operation of the family home child care or the child day care center from the parent, guardian, or caretaker of each child being cared for by the family home child care or the child day care center. However, an association may not require that a waiver of liability under this subsection be notarized; and
(iv) Obtain day care insurance as defined in RCW 48.88.020 or provide self-insurance pursuant to chapter 48.90 RCW, consistent with the requirements in RCW 43.216.700.
(3) A homeowners' association that willfully violates this section is liable to the family day care provider or the child day care center for actual damages, and shall pay a civil penalty to the family day care provider or the child day care center in an amount not to exceed $1,000.
(4) For the purposes of this section, the terms "family day care provider" and "child day care center" have the same meanings as in RCW 43.216.010.
[ 2023 c 203 § 3.]
NOTES:
Effective date—2023 c 203: See note following RCW 64.32.310.
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.38 - Homeowners' Associations. › 64.38.150 - New associations minimum density.

RCW 64.38.150
New associations minimum density.
Governing documents of associations within cities subject to the middle housing requirements in RCW 36.70A.635 that are created after July 23, 2023, may not actively or effectively prohibit the construction, development, or use of additional housing units as required in RCW 36.70A.635.
[ 2023 c 332 § 12.]
NOTES:
Finding—2023 c 332: See note following RCW 36.70A.635.
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.38 - Homeowners' Associations. › 64.38.160 - New associations—Accessory dwelling units.

RCW 64.38.160
New associations—Accessory dwelling units.
(1) Except governing documents of associations created to protect public health and safety, and ground and surface waters from on-site wastewater, governing documents of associations created after July 23, 2023, and applicable to a property located within an urban growth area may not impose any restriction or prohibition on the construction, development, or use on a lot of an accessory dwelling unit that the city or county in which the urban growth area is located would be prohibited from imposing under RCW 36.70A.681.
(2) For the purposes of this section, "urban growth area" has the same meaning as in RCW 36.70A.030.
(3) A city or county issuing a permit for the construction of an accessory dwelling unit may not be held civilly liable on the basis that the construction of the accessory dwelling unit would violate a restrictive covenant or deed restriction.
[ 2023 c 334 § 11.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.40 - Property Rights—Damages From Governmental Actions. › 64.40.010 - Definitions—Defense in action for damages.

RCW 64.40.010
Definitions—Defense in action for damages.
As used in this chapter, the terms in this section shall have the meanings indicated unless the context clearly requires otherwise.
(1) "Agency" means the state of Washington, any of its political subdivisions, including any city, town, or county, and any other public body exercising regulatory authority or control over the use of real property in the state.
(2) "Permit" means any governmental approval required by law before an owner of a property interest may improve, sell, transfer, or otherwise put real property to use.
(3) "Property interest" means any interest or right in real property in the state.
(4) "Damages" means reasonable expenses and losses, other than speculative losses or profits, incurred between the time a cause of action arises and the time a holder of an interest in real property is granted relief as provided in RCW 64.40.020. Damages must be caused by an act, necessarily incurred, and actually suffered, realized, or expended, but are not based upon diminution in value of or damage to real property, or litigation expenses.
(5) "Regulation" means any ordinance, resolution, or other rule or regulation adopted pursuant to the authority provided by state law, which imposes or alters restrictions, limitations, or conditions on the use of real property.
(6) "Act" means a final decision by an agency which places requirements, limitations, or conditions upon the use of real property in excess of those allowed by applicable regulations in effect on the date an application for a permit is filed. "Act" also means the failure of an agency to act within time limits established by law in response to a property owner's application for a permit: PROVIDED, That there is no "act" within the meaning of this section when the owner of a property interest agrees in writing to extensions of time, or to the conditions or limitations imposed upon an application for a permit. "Act" shall not include lawful decisions of an agency which are designed to prevent a condition which would constitute a threat to the health, safety, welfare, or morals of residents in the area.
In any action brought pursuant to this chapter, a defense is available to a political subdivision of this state that its act was mandated by a change in statute or state rule or regulation and that such a change became effective subsequent to the filing of an application for a permit.
[ 1982 c 232 § 1.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.40 - Property Rights—Damages From Governmental Actions. › 64.40.020 - Applicant for permit—Actions for damages from governmental actions.

RCW 64.40.020
Applicant for permit—Actions for damages from governmental actions.
(1) Owners of a property interest who have filed an application for a permit have an action for damages to obtain relief from acts of an agency which are arbitrary, capricious, unlawful, or exceed lawful authority, or relief from a failure to act within time limits established by law: PROVIDED, That the action is unlawful or in excess of lawful authority only if the final decision of the agency was made with knowledge of its unlawfulness or that it was in excess of lawful authority, or it should reasonably have been known to have been unlawful or in excess of lawful authority.
(2) The prevailing party in an action brought pursuant to this chapter may be entitled to reasonable costs and attorney's fees.
(3) No cause of action is created for relief from unintentional procedural or ministerial errors of an agency.
(4) Invalidation of any regulation in effect prior to the date an application for a permit is filed with the agency shall not constitute a cause of action under this chapter.
[ 1982 c 232 § 2.]
NOTES:
Findings—Recommendations—Reports encouraged—2007 c 231: See note following RCW 43.155.070.
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.40 - Property Rights—Damages From Governmental Actions. › 64.40.030 - Commencement of action—Time limitation.

RCW 64.40.030
Commencement of action—Time limitation.
Any action to assert claims under the provisions of this chapter shall be commenced only within thirty days after all administrative remedies have been exhausted.
[ 1982 c 232 § 3.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.40 - Property Rights—Damages From Governmental Actions. › 64.40.040 - Remedies cumulative.

RCW 64.40.040
Remedies cumulative.
The remedies provided by this chapter are in addition to any other remedies provided by law.
[ 1982 c 232 § 4.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.44 - Contaminated Properties. › 64.44.005 - Legislative finding.

RCW 64.44.005
Legislative finding.
The legislature finds that some properties are being contaminated by hazardous chemicals used in unsafe or illegal ways in the manufacture of illegal drugs or by hazardous drugs contaminating transient accommodations regulated by the department. Innocent members of the public may be harmed by the residue left by these chemicals when the properties are subsequently rented or sold without having been decontaminated.
[ 2017 c 115 § 1; 1990 c 213 § 1.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.44 - Contaminated Properties. › 64.44.020 - Reporting—Warning—Notice—Duties of local health officer.

RCW 64.44.020
Reporting—Warning—Notice—Duties of local health officer.
Whenever a law enforcement agency becomes aware that property has been contaminated by hazardous chemicals, that agency shall report the contamination to the local health officer. The local health officer shall cause a posting of a written warning on the premises within one working day of notification of the contamination and shall inspect the property within fourteen days after receiving the notice of contamination. The warning posting for any property that includes a hotel or motel holding a current license under RCW 70.62.220, shall be limited to inside the room or on the door of the contaminated room and no written warning posting shall be posted in the lobby of the facility. The warning shall inform the potential occupants that hazardous chemicals may exist on, or have been removed from, the premises and that entry is unsafe. If a property owner believes that a tenant has contaminated property that was being leased or rented, and the property is vacated or abandoned, then the property owner shall contact the local health officer about the possible contamination. Local health officers or boards may charge property owners reasonable fees for inspections of suspected contaminated property requested by property owners.
A local health officer may enter, inspect, and survey at reasonable times any properties for which there are reasonable grounds to believe that the property has become contaminated. If the property is contaminated, the local health officer shall post a written notice declaring that the officer intends to issue an order prohibiting use of the property as long as the property is contaminated.
If access to the property is denied, a local health officer in consultation with law enforcement may seek a warrant for the purpose of conducting administrative inspections. A superior, district, or municipal court within the jurisdiction of the property may, based upon probable cause that the property is contaminated, issue warrants for the purpose of conducting administrative inspections.
Local health officers must report all cases of contaminated property to the state department of health. The department may make the list of contaminated properties available to health associations, landlord and realtor organizations, prosecutors, and other interested groups. The department shall promptly update the list of contaminated properties to remove those which have been decontaminated according to provisions of this chapter.
The local health officer may determine when the services of an authorized contractor are necessary.
[ 2006 c 339 § 202; 1999 c 292 § 3; 1990 c 213 § 3.]
NOTES:
Intent—Part headings not law—2006 c 339: See notes following RCW 74.34.020.
Finding—Intent—1999 c 292: See note following RCW 64.44.010.
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.44 - Contaminated Properties. › 64.44.040 - Orders declaring property unfit and prohibiting use—City, county action—Entrance upon property prohibited.

RCW 64.44.040
Orders declaring property unfit and prohibiting use—City, county action—Entrance upon property prohibited.
(1) Upon issuance of an order declaring property unfit and prohibiting its use, the city or county in which the contaminated property is located may take action to prohibit use, occupancy, or removal of such property; condemn, decontaminate, or demolish the property; or require that the property be vacated or the contents removed from the property. The city or county may use an authorized contractor if property is demolished, decontaminated, or removed under this section. The city, county, or contractor shall comply with all orders of the health officer during these processes. No city or county may condemn, decontaminate, or demolish property pursuant to this section until all procedures granting the right of notice and the opportunity to appeal in RCW 64.44.030 have been exhausted, but may prohibit use, occupancy, or removal of contaminated property pending appeal of the order.
(2)(a) It is unlawful for any person to enter upon any property, or to remove any property, that has been found unfit for use by a local health officer pursuant to RCW 64.44.030.
(b) This subsection does not apply to: (i) Health officials, law enforcement officials, or other government agents performing their official duties; (ii) authorized contractors or owners performing decontamination pursuant to authorization by the local health officer; and (iii) any person acting with permission of a local health officer, or of a superior court or hearing examiner following an appeal of a decision of the local health officer.
(c) Any person who violates this subsection is guilty of a misdemeanor.
(3) No provision of this section may be construed to limit the ability of the local health officer to permit occupants or owners of the property at issue to remove uncontaminated personal property from the premises.
[ 2006 c 339 § 204; 1999 c 292 § 5; 1990 c 213 § 5.]
NOTES:
Intent—Part headings not law—2006 c 339: See notes following RCW 74.34.020.
Finding—Intent—1999 c 292: See note following RCW 64.44.010.
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.44 - Contaminated Properties. › 64.44.070 - Rules and standards—Chapter administration, property decontamination.

RCW 64.44.070
Rules and standards—Chapter administration, property decontamination.
(1) The state board of health shall promulgate rules and standards for carrying out the provisions in this chapter in accordance with chapter 34.05 RCW, the administrative procedure act. The local board of health and the local health officer are authorized to exercise such powers as may be necessary to carry out this chapter. The department may provide technical assistance to local health boards and health officers to carry out their duties under this chapter.
(2) The department shall adopt rules for decontamination of a property used as a laboratory for the production of controlled substances and methods for the testing of porous and nonporous surfaces, groundwater, surface water, soil, and septic tanks for contamination. The rules shall establish decontamination standards for hazardous chemicals, including but not limited to methamphetamine, lead, mercury, and total volatile organic compounds.
[ 2009 c 495 § 7; 2006 c 339 § 207; 1999 c 292 § 8; 1990 c 213 § 9.]
NOTES:
Effective date—2009 c 495: See note following RCW 43.20.050.
Intent—Part headings not law—2006 c 339: See notes following RCW 74.34.020.
Finding—Intent—1999 c 292: See note following RCW 64.44.010.
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.44 - Contaminated Properties. › 64.44.075 - Annual evaluation and inspection of decontamination projects.

RCW 64.44.075
Annual evaluation and inspection of decontamination projects.
The department may evaluate annually a number of the property decontamination projects performed by licensed contractors to determine the adequacy of the decontamination work, using the services of an independent environmental contractor or state or local agency. If a project fails the evaluation and inspection, the contractor is subject to a civil penalty and license suspension, pursuant to RCW 64.44.060 (4) and (5); and the contractor is prohibited from performing additional work until deficiencies have been corrected.
[ 2006 c 339 § 208.]
NOTES:
Intent—Part headings not law—2006 c 339: See notes following RCW 74.34.020.
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.44 - Contaminated Properties. › 64.44.080 - Civil liability—Immunity.

RCW 64.44.080
Civil liability—Immunity.
Members of the state board of health and local boards of health, local health officers, and employees of the department of health and local health departments are immune from civil liability arising out of the performance of their duties under this chapter, unless such performance constitutes gross negligence or intentional misconduct.
[ 1990 c 213 § 10.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.44 - Contaminated Properties. › 64.44.900 - Application—Other remedies.

RCW 64.44.900
Application—Other remedies.
This chapter shall not limit state or local government authority to act under any other statute, including chapter 35.80 or 7.48 RCW.
[ 1990 c 213 § 11.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.50 - Construction Defect Claims. › 64.50.005 - Finding—Intent.

RCW 64.50.005
Finding—Intent.
The legislature finds, declares, and determines that limited changes in the law are necessary and appropriate concerning actions claiming damages, indemnity, or contribution in connection with alleged construction defects. It is the intent of the legislature that this chapter apply to these types of civil actions while preserving adequate rights and remedies for property owners who bring and maintain such actions.
[ 2002 c 323 § 1.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.50 - Construction Defect Claims. › 64.50.030 - List of known construction defects—Requirements—Time limits.

RCW 64.50.030
List of known construction defects—Requirements—Time limits.
(1) In every action brought against a construction professional, the claimant, including a construction professional asserting a claim against another construction professional, shall file with the court and serve on the defendant a list of known construction defects in accordance with this section.
(2) The list of known construction defects shall contain a description of the construction that the claimant alleges to be defective. The list of known construction defects shall be filed with the court and served on the defendant within thirty days after the commencement of the action or within such longer period as the court in its discretion may allow.
(3) The list of known construction defects may be amended by the claimant to identify additional construction defects as they become known to the claimant.
(4) The list of known construction defects must specify, to the extent known to the claimant, the construction professional responsible for each alleged defect identified by the claimant.
(5) If a subcontractor or supplier is added as a party to an action under this section, the party making the claim against such subcontractor or supplier shall serve on the subcontractor or supplier the list of construction defects in accordance with this section within thirty days after service of the complaint against the subcontractor or supplier or within such period as the court in its discretion may allow.
[ 2002 c 323 § 4.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.50 - Construction Defect Claims. › 64.50.040 - Construction defect action brought by a board of directors—Notice.

RCW 64.50.040
Construction defect action brought by a board of directors—Notice.
(1)(a) In the event the board of directors, pursuant to RCW 64.34.304(1)(d) or 64.38.020(4), institutes an action asserting defects in the construction of two or more residences, common elements, or common areas, this section shall apply. For purposes of this section, "action" has the same meaning as set forth in RCW 64.50.010.
(b) The board of directors shall substantially comply with the provisions of this section.
(2)(a) Prior to the service of the summons and complaint on any defendant with respect to an action governed by this section, the board of directors shall mail or deliver written notice of the commencement or anticipated commencement of such action to each homeowner at the last known address described in the association's records.
(b) The notice required by (a) of this subsection shall state a general description of the following:
(i) The nature of the action and the relief sought;
(ii) To the extent applicable, the existence of the report required in RCW 64.50.020(1)(a), which shall be made available to each homeowner upon request;
(iii) A summary of the construction professional's response pursuant to RCW 64.50.020(3), if any; and
(iv) The expenses and fees that the board of directors anticipates will be incurred in prosecuting the action.
(3) Nothing in this section may be construed to:
(a) Require the disclosure in the notice or the disclosure to a unit owner of attorney-client communications or other privileged communications;
(b) Permit the notice to serve as a basis for any person to assert the waiver of any applicable privilege or right of confidentiality resulting from, or to claim immunity in connection with, the disclosure of information in the notice; or
(c) Limit or impair the authority of the board of directors to contract for legal services, or limit or impair the ability to enforce such a contract for legal services.
[ 2023 c 337 § 5; 2002 c 323 § 5.]
NOTES:
Application—2023 c 337 §§ 3-5: See note following RCW 64.50.010.
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.50 - Construction Defect Claims. › 64.50.050 - Construction professional right to offer to cure defects—Notice to homeowner.

RCW 64.50.050
Construction professional right to offer to cure defects—Notice to homeowner.
(1) The construction professional shall provide notice to each homeowner upon entering into a contract for sale, construction, or substantial remodel of a residence, of the construction professional's right to offer to cure construction defects before a homeowner may commence litigation against the construction professional. Such notice shall be conspicuous and may be included as part of the underlying contract signed by the homeowner. In the sale of a condominium unit, the requirement for delivery of such notice shall be deemed satisfied if contained in a public offering statement delivered in accordance with chapter 64.34 RCW.
(2) The notice required by this subsection shall be in substantially the following form:
CHAPTER 64.50 RCW CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT FOR DEFECTIVE CONSTRUCTION AGAINST THE SELLER OR BUILDER OF YOUR HOME. FORTY-FIVE DAYS BEFORE YOU FILE YOUR LAWSUIT, YOU MUST DELIVER TO THE SELLER OR BUILDER A WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE YOUR SELLER OR BUILDER THE OPPORTUNITY TO MAKE AN OFFER TO REPAIR OR PAY FOR THE DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY THE BUILDER OR SELLER. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER STATE LAW, AND FAILURE TO FOLLOW THEM MAY AFFECT YOUR ABILITY TO FILE A LAWSUIT.
(3) This chapter shall not preclude or bar any action if notice is not given to the homeowner as required by this section.
[ 2002 c 323 § 6.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.50 - Construction Defect Claims. › 64.50.060 - Interpretation of chapter regarding certain relationships and rights.

RCW 64.50.060
Interpretation of chapter regarding certain relationships and rights.
Nothing in this chapter shall be construed to hinder or otherwise affect the employment, agency, or contractual relationship between and among homeowners and construction professionals during the process of construction or remodeling and does not preclude the termination of those relationships as allowed under current law. Nothing in this chapter shall negate or otherwise restrict a construction professional's right to access or inspection provided by law, covenant, easement, or contract.
[ 2002 c 323 § 7.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.55 - Construction Defect Disputes—Multiunit Residential Buildings. › 64.55.005 - Application.

RCW 64.55.005
Application.
(1)(a) RCW 64.55.010 through 64.55.090 apply to any multiunit residential building for which the permit for construction or rehabilitative construction of such building was issued on or after August 1, 2005.
(b) RCW 64.55.010 and 64.55.090 apply to conversion condominiums as defined in RCW 64.34.020 or conversion buildings as defined in RCW 64.90.010, provided that RCW 64.55.090 shall not apply to a condominium conversion for which a public offering statement had been delivered pursuant to chapter 64.34 RCW prior to August 1, 2005.
(2) RCW 64.55.010 and 64.55.100 through 64.55.160 and 64.34.415 apply to any action that alleges breach of an implied or express warranty under chapter 64.34 RCW or that seeks relief that could be awarded for such breach, regardless of the legal theory pleaded, except that RCW 64.55.100 through 64.55.160 and 64.34.415 shall not apply to:
(a) Actions filed or served prior to August 1, 2005;
(b) Actions for which a notice of claim was served pursuant to chapter 64.50 RCW prior to August 1, 2005;
(c) Actions asserting any claim regarding a building that is not a multiunit residential building;
(d) Actions asserting any claim regarding a multiunit residential building that was permitted on or after August 1, 2005, unless the letter required by RCW 64.55.060 has been submitted to the appropriate building department or the requirements of RCW 64.55.090 have been satisfied.
(3) Other than the requirements imposed by RCW 64.55.010 through 64.55.090, nothing in this chapter amends or modifies the provisions of RCW 64.34.050.
[ 2019 c 238 § 216; 2005 c 456 § 1.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.55 - Construction Defect Disputes—Multiunit Residential Buildings. › 64.55.020 - Building permit application—Submission of design documents.

RCW 64.55.020
Building permit application—Submission of design documents.
(1) Any person applying for a building permit for construction of a multiunit residential building or rehabilitative construction shall submit building enclosure design documents to the appropriate building department prior to the start of construction or rehabilitative construction of the building enclosure. If construction work on a building enclosure is not rehabilitative construction because the cost thereof is not more than five percent of the assessed value of the building, then the person applying for a building permit shall submit to the building department a letter so certifying. Any changes to the building enclosure design documents that alter the manner in which the building or its components is waterproofed, weatherproofed, and otherwise protected from water or moisture intrusion shall be stamped by the architect or engineer and shall be provided to the building department and to the person conducting the course of construction inspection in a timely manner to permit such person to inspect for compliance therewith, and may be provided through individual updates, cumulative updates, or as-built updates.
(2) The building department shall not issue a building permit for construction of the building enclosure of a multiunit residential building or for rehabilitative construction unless the building enclosure design documents contain a stamped statement by the person stamping the building enclosure design documents in substantially the following form: "The undersigned has provided building enclosure documents that in my professional judgment are appropriate to satisfy the requirements of RCW 64.55.005 through 64.55.090."
(3) The building department is not charged with determining whether the building enclosure design documents are adequate or appropriate to satisfy the requirements of RCW 64.55.005 through 64.55.090. Nothing in RCW 64.55.005 through 64.55.090 requires a building department to review, approve, or disapprove enclosure design documents.
[ 2005 c 456 § 3.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.55 - Construction Defect Disputes—Multiunit Residential Buildings. › 64.55.030 - Inspection required.

RCW 64.55.030
Inspection required.
All multiunit residential buildings shall have the building enclosure inspected by a qualified inspector during the course of initial construction and during rehabilitative construction.
[ 2005 c 456 § 4.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.55 - Construction Defect Disputes—Multiunit Residential Buildings. › 64.55.040 - Inspectors—Qualifications.

RCW 64.55.040
Inspectors—Qualifications.
(1) A qualified building enclosure inspector:
(a) Must be the architect or engineer of record or another person with substantial and verifiable training and experience in building enclosure design and construction;
(b) Shall be free from improper interference or influence relating to the inspections; and
(c) May not be an employee, officer, or director of, nor have any pecuniary interest in, the declarant, developer, association, or any party providing services or materials for the project, or any of their respective affiliates, except that the qualified inspector may be the architect or engineer who approved the building enclosure design documents or the architect or engineer of record. The qualified inspector may, but is not required to, assist with the preparation of such design documents.
(2) Nothing in this section alters requirements for licensure of any architect, engineer, or other professional, or alters the jurisdiction, authority, or scope of practice of architects, engineers, other professionals, or general contractors.
[ 2021 c 260 § 1; 2005 c 456 § 5.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.55 - Construction Defect Disputes—Multiunit Residential Buildings. › 64.55.050 - Scope of inspection—Definition.

RCW 64.55.050
Scope of inspection—Definition.
(1) Any inspection required by this chapter shall include, at a minimum, the following:
(a) Water penetration resistance testing of a representative sample of windows and window installations. Such tests shall be conducted according to industry standards. Where appropriate, tests shall be conducted with an induced air pressure difference across the window and window installation. Additional testing is not required if the same assembly has previously been tested in situ within the previous two years in the project under construction by the builder, by another member of the construction team such as an architect or engineer, or by an independent testing laboratory; and
(b) An independent periodic review of the building enclosure during the course of construction or rehabilitative construction to ascertain whether the multiunit residential building has been constructed, or the rehabilitative construction has been performed, in substantial compliance with the building enclosure design documents.
(2) Subsection (1)(a) of this section shall not apply to rehabilitative construction if the windows and adjacent cladding are not altered in the rehabilitative construction.
(3) "Project" means one or more parcels of land in a single ownership, which are under development pursuant to a single land use approval or building permit, where window installation is performed by the owner with its own forces, or by the same general contractor, or, if the owner is contracting directly with trade contractors, is performed by the same trade contractor.
[ 2005 c 456 § 6.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.55 - Construction Defect Disputes—Multiunit Residential Buildings. › 64.55.060 - Certification—Certificate of occupancy.

RCW 64.55.060
Certification—Certificate of occupancy.
Upon completion of an inspection required by this chapter, the qualified inspector shall prepare and submit to the appropriate building department a signed letter certifying that the building enclosure has been inspected during the course of construction or rehabilitative construction and that it has been constructed or reconstructed in substantial compliance with the building enclosure design documents, as updated pursuant to RCW 64.55.020. The building department shall not issue a final certificate of occupancy or other equivalent final acceptance until the letter required by this section has been submitted. The building department is not charged with and has no responsibility for determining whether the building enclosure inspection is adequate or appropriate to satisfy the requirements of this chapter.
[ 2005 c 456 § 7.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.55 - Construction Defect Disputes—Multiunit Residential Buildings. › 64.55.070 - Inspector, architect, and engineer—No private right of action or basis for liability against.

RCW 64.55.070
Inspector, architect, and engineer—No private right of action or basis for liability against.
(1) Nothing in this chapter and RCW 64.34.073, 64.34.100(2), 64.34.410 (1)(nn) and (2), and 64.34.415(1)(b) is intended to, or does:
(a) Create a private right of action against any inspector, architect, or engineer based upon compliance or noncompliance with its provisions; or
(b) Create any independent basis for liability against an inspector, architect, or engineer.
(2) The qualified inspector, architect, or engineer and the developer that retained the inspector, architect, or engineer may contractually agree to the amount of their liability to the developer.
[ 2005 c 456 § 8.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.55 - Construction Defect Disputes—Multiunit Residential Buildings. › 64.55.080 - Inspector's report or testimony—No evidentiary presumption—Admissibility.

RCW 64.55.080
Inspector's report or testimony—No evidentiary presumption—Admissibility.
A qualified inspector's report or testimony regarding an inspection conducted pursuant to this chapter is not entitled to any evidentiary presumption in any arbitration or court proceeding. Nothing in this chapter restricts the admissibility of such a report or testimony, and questions of the admissibility of such a report or testimony shall be determined under the rules of evidence.
[ 2005 c 456 § 9.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.55 - Construction Defect Disputes—Multiunit Residential Buildings. › 64.55.090 - Sale of condominium unit subject to compliance—Inspection alternative.

RCW 64.55.090
Sale of condominium unit subject to compliance—Inspection alternative.
(1) Except for sales or other dispositions listed in RCW 64.34.400(2), no declarant may convey a condominium unit that may be occupied for residential use in a multiunit residential building without first complying with the requirements of RCW 64.55.005 through 64.55.080 unless the building enclosure of the building in which such unit is included is inspected by a qualified building enclosure inspector, and:
(a) The inspection includes such intrusive or other testing, such as the removal of siding or other building enclosure materials, that the inspector believes, in his or her professional judgment, is necessary to ascertain the manner in which the building enclosure was constructed;
(b) The inspection evaluates, to the extent reasonably ascertainable and in the professional judgment of the inspector, the present condition of the building enclosure including whether such condition has adversely affected or will adversely affect the performance of the building enclosure to waterproof, weatherproof, or otherwise protect the building or its components from water or moisture intrusion. "Adversely affect" has the same meaning as provided in RCW 64.34.445(7);
(c) The inspection report includes recommendations for repairs to the building enclosure that, in the professional judgment of the qualified building inspector, are necessary to: (i) Repair a design or construction defect in the building enclosure that results in the failure of the building enclosure to perform its intended function and allows unintended water penetration not caused by flooding; and (ii) repair damage caused by such a defect that has an adverse effect as provided in RCW 64.34.445(7);
(d) With respect to a building that would be a multiunit residential building but for the recording of a sale prohibition covenant and unless more than five years have elapsed since the date such covenant was recorded, all repairs to the building enclosure recommended pursuant to (c) of this subsection have been made; and
(e) The declarant provides as part of the public offering statement, consistent with RCW 64.34.410 (1)(nn) and (2) and 64.34.415(1)(b), an inspection and repair report signed by the qualified building enclosure inspector that identifies:
(i) The extent of the inspection performed pursuant to this section;
(ii) The information obtained as a result of that inspection; and
(iii) The manner in which any repairs required by this section were performed, the scope of those repairs, and the names of the persons performing those repairs.
(2) Failure to deliver the inspection and repair report in violation of this section constitutes a failure to deliver a public offering statement for purposes of chapter 64.34 RCW.
[ 2005 c 456 § 10.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.55 - Construction Defect Disputes—Multiunit Residential Buildings. › 64.55.110 - Case schedule plan—Deadlines.

RCW 64.55.110
Case schedule plan—Deadlines.
(1) Not less than sixty days after the later of filing or service of the complaint, the parties shall confer to create a proposed case schedule plan for submission to the court that includes the following deadlines:
(a) Selection of a mediator;
(b) Commencement of the mandatory mediation and submission of mediation materials required by this chapter;
(c) Selection of the arbitrator by the parties, where applicable;
(d) Joinder of additional parties in the action;
(e) Completion of each party's investigation;
(f) Disclosure of each party's proposed repair plan;
(g) Disclosure of each party's estimated costs of repair;
(h) Meeting of parties and experts to confer in accordance with RCW 64.55.120; and
(i) Disclosure of each party's settlement demand or response.
(2) If the parties agree upon a proposed case schedule plan, they shall move the court for the entry of the proposed case schedule plan. If the parties cannot agree, either party may move the court for entry of a case schedule plan that includes the above deadlines.
[ 2005 c 456 § 12.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.55 - Construction Defect Disputes—Multiunit Residential Buildings. › 64.55.120 - Mandatory mediation.

RCW 64.55.120
Mandatory mediation.
(1) The parties to an action subject to this chapter and RCW 64.34.073, 64.34.100(2), 64.34.410 (1)(nn) and (2), and 64.34.415(1)(b) shall engage in mediation. Unless the parties agree otherwise, the mediation required by this section shall commence within seven months of the later of the filing or service of the complaint. If the parties cannot agree upon a mediator, the court shall appoint a mediator.
(2) Prior to the mediation required by this section, the parties and their experts shall meet and confer in good faith to attempt to resolve or narrow the scope of the disputed issues, including issues related to the parties' repair plans.
(3) Prior to the mandatory mediation, the parties or their attorneys shall file and serve a declaration that:
(a) A decision maker with authority to settle will be available for the duration of the mandatory mediation; and
(b) The decision maker has been provided with and has reviewed the mediation materials provided by the party to which the decision maker is affiliated as well as the materials submitted by the opposing parties.
(4) Completion of the mediation required by this section occurs upon written notice of termination by any party. The provisions of RCW 64.55.160 shall not apply to any later mediation conducted following such notice.
[ 2005 c 456 § 13.]