reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.260 - Unit boundaries—Relocation.

RCW 64.90.260
Unit boundaries—Relocation.
(1) Subject to the provisions of the declaration, RCW 64.90.255, and other provisions of law, the boundaries between adjoining units may be relocated upon application to the board by the unit owners of those units and upon approval by the board pursuant to this section. The application must include plans showing the relocated boundaries and such other information as the board may require. If the unit owners of the adjoining units have specified a reallocation between their units of their allocated interests, the application must state the proposed reallocations. Unless the board determines, after receipt of all required information, that the reallocations are unreasonable or that the proposed boundary relocation does not comply with the declaration, RCW 64.90.255, or other provisions of law, the board must approve the application and prepare any amendments to the declaration and map in accordance with the requirements of subsection (3) of this section.
(2)(a) Subject to the provisions of the declaration and other provisions of law, boundaries between units and common elements may be relocated to incorporate common elements within a unit by an amendment to the declaration upon application to the association by the unit owner of the unit who proposes to relocate a boundary. The amendment may be approved only if the unit owner of the unit, the boundary of which is being relocated, and, unless the declaration provides otherwise, persons entitled to cast at least sixty-seven percent of the votes in the association, including sixty-seven percent of the votes allocated to units not owned by the declarant, agree.
(b) The association may require payment to the association of a one-time fee or charge or continuing fees or charges payable by the unit owners of the units whose boundaries are being relocated to include common elements.
(3)(a) The association must prepare any amendment to the declaration in accordance with the requirements of RCW 64.90.225 and any amendment to the map in accordance with the requirements of RCW 64.90.245 necessary to show or describe the altered boundaries of affected units and their dimensions and identifying numbers.
(b) The amendment to the declaration must be executed by the unit owner of the unit, the boundaries of which are being relocated, and by the association, contain words of conveyance between them, and be recorded in the names of the unit owner or owners and the association, as grantor or grantee, as appropriate and as required under RCW 64.90.285(3). The amendments are effective upon recording.
(4) All costs, including reasonable attorneys' fees, incurred by the association for preparing and recording amendments to the declaration and map under this section must be assessed to the unit, the boundaries of which are being relocated.
[ 2018 c 277 § 213.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.270 - Monuments as boundaries.

RCW 64.90.270
Monuments as boundaries.
(1) The physical boundaries of a unit located in a building containing or comprising that unit constructed or reconstructed in substantial accordance with the map, or amendment to the map, are its boundaries rather than any boundaries shown on the map, regardless of settling or lateral movement of the unit or of any building containing or comprising the unit, or of any minor variance between boundaries of the unit or any building containing or comprising the unit shown on the map.
(2) This section does not relieve a unit owner from liability in case of the unit owner's willful misconduct or relieve a declarant or any other person from liability for failure to adhere to the map.
[ 2018 c 277 § 215.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.275 - Sales purposes.

RCW 64.90.275
Sales purposes.
(1) A declarant may maintain sales offices, management offices, and models in units or on common elements in the common interest community only if the declaration so provides. In a cooperative or condominium, any sales office, management office, or model not designated a unit by the declaration is a common element.
(2) When a declarant no longer owns a unit or has the right to create a unit in the common interest community, the declarant ceases to have any rights under this section unless the unit is removed promptly from the common interest community in accordance with a right to remove reserved in the declaration.
(3) Subject to any limitations in the declaration, a declarant may maintain signs in or on units owned by the declarant or the common elements advertising the common interest community.
(4) This section is subject to the provisions of other state law and local ordinances.
[ 2018 c 277 § 216.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.280 - Easement and use.

RCW 64.90.280
Easement and use.
(1) Subject to the declaration, a declarant has an easement through the common elements as may be reasonably necessary for the purpose of discharging the declarant's obligations or exercising special declarant rights, whether arising under this chapter or reserved in the declaration.
(2) Subject to RCW 64.90.405(2)(f) and 64.90.465, the unit owners have an easement in the common elements for access to their units.
(3) Subject to the declaration and rules, the unit owners have a right to use the common elements that are not limited common elements for the purposes for which the common elements were intended.
[ 2018 c 277 § 217.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.295 - Rights of secured lenders.

RCW 64.90.295
Rights of secured lenders.
(1) The declaration may require that all or a specified number or percentage of the lenders who hold security interests encumbering the units or who have extended credit to the association approve specified actions of the unit owners or the association as a condition to the effectiveness of those actions, but no requirement for approval may operate to:
(a) Deny or delegate control over the general administrative affairs of the association by the unit owners or the board;
(b) Prevent the association or the board from commencing, intervening in, or settling any litigation or proceeding; or
(c) Prevent any insurance trustee or the association from receiving and distributing any insurance proceeds except pursuant to RCW 64.90.470.
(2) With respect to any action requiring the consent of a specified number or percentage of mortgagees, the consent of only eligible mortgagees holding a first lien security interest need be obtained and the percentage must be based upon the votes attributable to units with respect to which eligible mortgagees have an interest.
(3) A lender who has extended credit to an association secured by an assignment of income or an encumbrance on the common elements may enforce its security agreement in accordance with its terms, subject to the requirements of this chapter and other law. A requirement that the association must deposit its periodic common charges before default with the lender to which the association's income has been assigned, or increase its common charges at the lender's direction by amounts reasonably necessary to amortize the loan in accordance with its terms, does not violate the prohibitions on lender approval contained in subsection (1) of this section.
[ 2018 c 277 § 220.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.300 - Master association.

RCW 64.90.300
Master association.
(1) If the declaration provides that any of the powers described in RCW 64.90.405 are to be exercised by or may be delegated to a for-profit or nonprofit corporation or limited liability company that exercises those or other powers on behalf of one or more common interest communities or for the benefit of the unit owners of one or more common interest communities, all provisions of this chapter applicable to unit owners associations apply to any such corporation or limited liability company, except as modified by this section.
(2) Unless it is acting in the capacity of an association described in RCW 64.90.400, a master association may exercise the powers set forth in RCW 64.90.405(1)(b) only to the extent expressly permitted in the declarations of common interest communities that are part of the master association or expressly described in the delegations of power from those common interest communities to the master association.
(3) If the declaration of any common interest community provides that the board may delegate certain powers to a master association, the board is not liable for the acts or omissions of the master association with respect to those powers following delegation.
(4) The rights and responsibilities of unit owners with respect to the unit owners association set forth in RCW 64.90.410, 64.90.445, 64.90.450, 64.90.455, 64.90.465, and 64.90.505 apply in the conduct of the affairs of a master association only to persons who elect the board of a master association, whether or not those persons are otherwise unit owners within the meaning of this chapter.
(5) If a master association is also an association described in RCW 64.90.400, the organizational documents of the master association and the declaration of each common interest community, the powers of which are assigned by the declaration or delegated to the master association, may provide that the board of the master association must be elected after the period of declarant control in any of the following ways:
(a) All unit owners of all common interest communities subject to the master association may elect all members of the master association's board;
(b) All board members of all common interest communities subject to the master association may elect all members of the master association's board;
(c) All unit owners of each common interest community subject to the master association may elect specified members of the master association's board; or
(d) All board members of each common interest community subject to the master association may elect specified members of the master association's board.
[ 2018 c 277 § 221.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.305 - Delegation of power to subassociations.

RCW 64.90.305
Delegation of power to subassociations.
(1)(a) If the declaration provides that any of the powers described in RCW 64.90.405 are to be exercised by or may be delegated to a for-profit corporation or limited liability company that exercises those or other powers on behalf of unit owners owning less than all of the units in a common interest community, and if those unit owners share the exclusive use of one or more limited common elements within the common interest community or share some property or other interest in the common interest community in common that is not shared by the remainder of the unit owners in the common interest community, all provisions of this chapter applicable to unit owners associations apply to any such corporation or limited liability company, except as modified under this section.
(b) The delegation of powers to a subassociation must not be used to discriminate in favor of units owned by the declarant or an affiliate of the declarant.
(2) A subassociation may exercise the powers set forth in RCW 64.90.405 only to the extent expressly permitted by the declaration of the common interest community of which the units in the subassociation are a part of or expressly described in the delegations of power from that common interest community to the subassociation.
(3) If the declaration of any common interest community contains a delegation of certain powers to a subassociation, or provides that the board of the common interest community may make such a delegation, the board members are not liable for the acts or omissions of the subassociation with respect to those powers so exercised by the subassociation following delegation.
(4) The rights and responsibilities of unit owners with respect to the unit owners association set forth in RCW 64.90.400 through 64.90.500 apply to the conduct of the affairs of a subassociation.
(5) Notwithstanding RCW 64.90.415(4), the board of the subassociation must be elected after any period of declarant control by the unit owners of all of the units in the common interest community subject to the subassociation.
(6) The declaration of the common interest community creating the subassociation may provide that the authority of the board of the subassociation is exclusive with regard to the powers and responsibilities delegated to it. In the alternative, the declaration may provide as to some or all such powers that the authority of the board of a subassociation is concurrent with and subject to the authority of the board of the unit owners association, in which case the declaration must also contain standards and procedures for the review of the decisions of the board of the subassociation and procedures for resolving any dispute between the board of the unit owners association and the board of the subassociation.
[ 2018 c 277 § 222.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.310 - Merger or consolidation.

RCW 64.90.310
Merger or consolidation.
(1) Any two or more common interest communities of the same form of ownership, by agreement of the unit owners as provided in subsection (2) of this section, may be merged or consolidated into a single common interest community. In the event of a merger or consolidation, unless the agreement otherwise provides, the resultant common interest community is the legal successor, for all purposes, of all of the preexisting common interest communities, and the operations and activities of all associations of the preexisting common interest communities are merged or consolidated into a single association that holds all powers, rights, obligations, assets, and liabilities of all preexisting associations.
(2) An agreement of two or more common interest communities to merge or consolidate pursuant to subsection (1) of this section must be evidenced by an agreement prepared, executed, recorded, and certified by the president of the association of each of the preexisting common interest communities following approval by unit owners of units to which are allocated the percentage of votes in each common interest community required to terminate that common interest community. The agreement must be recorded in every county in which a portion of the common interest community is located and is not effective until recorded.
(3) Every merger or consolidation agreement, and every amendment providing for a merger or consolidation made by a declarant when exercising a special declarant right, must identify the declaration that will apply to the resultant common interest community and provide for the reallocation of allocated interests among the units of the resultant common interest community either (a) by stating the reallocations or the formulas upon which they are based or (b) by stating the percentage of overall allocated interests of the resultant common interest community that are allocated to all of the units comprising each of the preexisting common interest communities, and providing that the portion of the percentages allocated to each unit formerly comprising a part of the preexisting common interest community is equal to the percentages of allocated interests allocated to that unit by the declaration of the preexisting common interest community.
[ 2018 c 277 § 223.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.315 - Addition of unspecified real estate.

RCW 64.90.315
Addition of unspecified real estate.
In a plat community or miscellaneous community, if the right is originally reserved in the declaration, the declarant, in addition to any other development right, may amend the declaration at any time during as many years as are specified in the declaration for adding additional real estate to the plat community or miscellaneous community without describing the location of that real estate in the original declaration. The amount of real estate added to the plat community or miscellaneous community pursuant to this section may not exceed ten percent of the real estate described in RCW 64.90.225(1)(b) together with any real estate that is described in the declaration for addition to the plat community or miscellaneous community, and the declarant may not increase the number of units in the plat community or miscellaneous community beyond the number stated in the original declaration pursuant to RCW 64.90.225(1)(c).
[ 2018 c 277 § 224.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.320 - Large scale communities.

RCW 64.90.320
Large scale communities.
(1) The declaration for a common interest community may state that it is a large scale community if the declarant has reserved the development right to create at least five hundred units that may be used for residential purposes and, at the time of the reservation, that declarant owns or controls more than five hundred acres on which the units may be built.
(2) If the requirements of subsection (1) of this section are satisfied, the declaration for the large scale community need not state a maximum number of units and need not contain any of the information required under RCW 64.90.225(1) (c) through (n) until the declaration is amended under subsection (3) of this section.
(3) When each unit in a large scale community is conveyed to a purchaser, the declaration must contain:
(a) A sufficient legal description of the unit and all portions of the large scale community in which any other units have been conveyed to a purchaser; and
(b) All the information required under RCW 64.90.225(1) (c) through (n) with respect to that real estate.
(4) The only real estate in a large scale community subject to this chapter are units that have been made subject to the declaration or that are being offered for sale and any other real estate described pursuant to subsection (3) of this section. Other real estate that is or may become part of the large scale community is only subject to other law and to any other restrictions and limitations that appear of record.
(5) If the public offering statement conspicuously identifies the fact that the community is a large scale community, the disclosure requirements contained in RCW 64.90.600 through 64.90.695 apply only to units that have been made subject to the declaration or are being offered for sale in connection with the public offering statement and to any other real estate described pursuant to subsection (3) of this section.
(6) Limitations in this chapter on the addition of unspecified real estate do not apply to a large scale community.
(7) The period of declarant control of the association for a large scale community terminates in accordance with any conditions specified in the declaration or otherwise at the time the declarant, in a recorded instrument and after giving notice in a record to the board of the association, voluntarily surrenders all rights to control the activities of the association.
[ 2018 c 277 § 225.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.325 - Judicial termination.

RCW 64.90.325
Judicial termination.
(1) If substantially all the units in a common interest community have been destroyed or abandoned or are uninhabitable and the available methods for giving notice under RCW 64.90.515 of a meeting of unit owners to consider termination under RCW 64.90.290 will not likely result in receipt of the notice, the board or any other interested person may commence an action seeking to terminate the common interest community in the superior court for any county in which a portion of the common interest community is located. If any portion of the common interest community is located in a county other than the county in which the action is commenced, the person commencing the action must record a copy of the judgment in the other county.
(2) During the pendency of the action, the court may issue whatever orders it considers appropriate, including appointment of a receiver. After a hearing, the court may terminate the common interest community or reduce its size and may issue any other order the court considers to be in the best interest of the unit owners and persons holding an interest in the common interest community.
[ 2018 c 277 § 226.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.340 - New interests minimum density.

RCW 64.90.340
New interests minimum density.
Declarations and governing documents of a common interest community 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 § 13.]
NOTES:
Finding—2023 c 332: See note following RCW 36.70A.635.
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.350 - New common interest communities—Accessory dwelling units.

RCW 64.90.350
New common interest communities—Accessory dwelling units.
(1) Except declarations and governing documents of common interest communities created to protect public health and safety, and ground and surface waters from on-site wastewater, declarations and governing documents of common interest communities 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 § 12.]
NOTES:
Findings—Intent—2023 c 334: See note following RCW 36.70A.680.
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.400 - Unit owners association—Organization.

RCW 64.90.400
Unit owners association—Organization.
(1) A unit owners association must be organized no later than the date the first unit in the common interest community is conveyed to a purchaser.
(2) The membership of the association at all times consists exclusively of all unit owners or, following termination of the common interest community, of all former unit owners entitled to distributions of proceeds under RCW 64.90.290 or their heirs, successors, or assigns.
(3) The association must have a board and be organized as a for-profit or nonprofit corporation or limited liability company.
(4) In case of any conflict between Title 23B RCW or chapter 23.86, 24.03A, 24.06, or 25.15 RCW and this chapter, this chapter controls.
[ 2021 c 176 § 5233; 2018 c 277 § 301.]
NOTES:
Effective date—2021 c 176: See note following RCW 24.03A.005.
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.415 - Period of declarant control—Transition.

RCW 64.90.415
Period of declarant control—Transition.
(1)(a) Subject to subsection (3) of this section, the declaration may provide for a period of declarant control of the association, during which period a declarant, or persons designated by the declarant, may:
(i) Appoint and remove the officers and board members; or
(ii) Veto or approve a proposed action of the board or association.
(b) A declarant may voluntarily surrender the right to appoint and remove officers and board members before the period ends. In that event, the declarant may require that during the remainder of the period, specified actions of the association or board, as described in a recorded amendment to the declaration executed by the declarant, be approved by the declarant before they become effective. A declarant's failure to veto or approve such proposed action in writing within thirty days after receipt of written notice of the proposed action is deemed approval by the declarant.
(2) Regardless of the period provided in the declaration, and except as provided in RCW 64.90.320(7), a period of declarant control terminates no later than the earliest of:
(a) Sixty days after conveyance of seventy-five percent of the units that may be created to unit owners other than a declarant;
(b) Two years after the last conveyance of a unit, except to a dealer;
(c) Two years after any right to add new units was last exercised; or
(d) The day the declarant, after giving notice in a record to unit owners, records an amendment to the declaration voluntarily surrendering all rights to appoint and remove officers and board members.
(3) Not later than sixty days after conveyance of twenty-five percent of the units that may be created to unit owners other than a declarant, at least one member and not less than twenty-five percent of the members of the board must be elected by unit owners other than the declarant. Not later than sixty days after conveyance of fifty percent of the units that may be created to unit owners other than a declarant, not less than thirty-three and one-third percent of the members of the board must be elected by unit owners other than the declarant. Until such members are elected and take office, the existing board may continue to act on behalf of the association.
(4) Within thirty days after the termination of any period of declarant control or, in the absence of such period, not later than a date that is sixty days after the conveyance of seventy-five percent of the units that may be created to unit owners other than a declarant, the board must schedule a transition meeting and provide notice to the unit owners in accordance with RCW 64.90.445(1)(c). At the transition meeting, the board elected by the unit owners must be elected in accordance with RCW 64.90.410(2).
[ 2018 c 277 § 304.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.430 - Contracts and leases—Termination.

RCW 64.90.430
Contracts and leases—Termination.
(1) Within two years after the transition meeting, the association may terminate without penalty, upon not less than ninety days' notice to the other party, any of the following if it was entered into before the board was elected:
(a) Any management, maintenance, operations, or employment contract, or lease of recreational or parking areas or facilities; or
(b) Any other contract or lease between the association and a declarant or an affiliate of a declarant.
(2) The association may terminate without penalty, at any time after the board elected by the unit owners pursuant to RCW 64.90.415(4) takes office upon not less than ninety days' notice to the other party, any contract or lease that is not bona fide or was unconscionable to the unit owners at the time entered into.
(3) This section does not apply to:
(a) Any lease the termination of which would terminate the common interest community or reduce its size, unless the real estate subject to that lease was included in the common interest community for the purpose of avoiding the right of the association to terminate a lease under this section; or
(b) A proprietary lease.
[ 2018 c 277 § 307.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.435 - Organizational documents.

RCW 64.90.435
Organizational documents.
(1) Unless provided for in the declaration, the organizational documents of the association must:
(a) Provide the number of board members and the titles of the officers of the association;
(b) Provide for election by the board or, if the declaration requires, by the unit owners of a president, treasurer, secretary, and any other officers of the association the organizational documents specify;
(c) Specify the qualifications, powers and duties, terms of office, and manner of electing and removing board members and officers and filling vacancies in accordance with RCW 64.90.410;
(d) Specify the powers the board or officers may delegate to other persons or to a managing agent;
(e) Specify a method for the unit owners to amend the organizational documents;
(f) Describe the budget ratification process required under RCW 64.90.525, if not provided in the declaration;
(g) Contain any provision necessary to satisfy requirements in this chapter or the declaration concerning meetings, voting, quorums, and other activities of the association; and
(h) Provide for any matter required by law of this state other than this chapter to appear in the organizational documents of organizations of the same type as the association.
(2) Subject to the declaration and this chapter, the organizational documents may provide for any other necessary or appropriate matters.
[ 2018 c 277 § 308.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.440 - Maintenance, repair, replacement—Liability of unit owner—Inspection.

RCW 64.90.440
Maintenance, repair, replacement—Liability of unit owner—Inspection.
(1) Except to the extent provided by the declaration, subsections (2) and (4) of this section, or RCW 64.90.470(8), the association must maintain, repair, and replace the common elements, including limited common elements, and each unit owner must maintain, repair, and replace that owner's unit.
(2) The board may by rule designate physical components of the property for which a unit owner is otherwise responsible that present a heightened risk of damage or harm to persons or property if the physical components fail. The association may require that specific measures be taken by the unit owner or the association to diminish that risk of harm. If a unit owner fails to accomplish any necessary maintenance, repair, or replacement to those components, or fails to take any other measures required of the unit owner under this subsection, the association may, after notice to a unit owner and an opportunity to be heard, enter the unit in the manner pursuant to subsection (3) of this section to perform such maintenance, repair, replacement, or measure at the expense of that unit owner.
(3) Upon prior notice, except in case of an emergency, each unit owner must afford to the association and the other unit owners, and to their agents or employees, access through that owner's unit and limited common elements reasonably necessary for the purposes stated in subsections (1) and (2) of this section, including necessary inspections by the association. If damage is inflicted on the common elements or on any unit through which access is taken, the unit owner responsible for the damage, or the association if it is responsible, is liable for the prompt repair of the damage.
(4) In addition to the liability that a declarant as a unit owner has under this chapter, the declarant alone is liable for all expenses in connection with real estate subject to development rights and no other unit owner and no other portion of the common interest community is subject to a claim for payment of those expenses. However, the declaration may provide that the expenses associated with the operation, maintenance, repair, and replacement of a common element that the owners have a right to use must be paid by the association as a common expense. Unless the declaration provides otherwise, any income or proceeds from real estate subject to development rights inures to the declarant.
(5) In a plat community or miscellaneous community, if all development rights have expired with respect to any real estate, the declarant remains liable for all expenses of that real estate unless, upon expiration, the declaration provides that the real estate becomes common elements or units.
[ 2018 c 277 § 309.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.450 - Quorum.

RCW 64.90.450
Quorum.
(1) Unless the organizational documents provide otherwise, a quorum is present throughout any meeting of the unit owners if persons entitled to cast twenty percent of the votes in the association:
(a) Are present in person or by proxy at the beginning of the meeting;
(b) Have voted by absentee ballot; or
(c) Are present by any combination of (a) and (b) of this subsection.
(2) Unless the organizational documents specify a larger number, a quorum of the board is present for purposes of determining the validity of any action taken at a meeting of the board only if individuals entitled to cast a majority of the votes on that board are present at the time a vote regarding that action is taken. If a quorum is present when a vote is taken, the affirmative vote of a majority of the board members present is the act of the board unless a greater vote is required by the organizational documents.
[ 2018 c 277 § 311.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.460 - Liability—Tolling.

RCW 64.90.460
Liability—Tolling.
(1) A unit owner is not liable, solely by reason of being a unit owner, for an injury or damage arising out of the condition or use of the common elements. Neither the association nor any unit owner except the declarant is liable for that declarant's torts in connection with any part of the common interest community which that declarant must maintain.
(2)(a) An action alleging a wrong done by the association, including an action arising out of the condition or use of the common elements, may be maintained only against the association and not against any unit owner.
(b) If the wrong occurred during any period of declarant control and the association gives the declarant reasonable notice of and an opportunity to defend against the action, the declarant who then controlled the association is liable to the association or to any unit owner for (i) all tort losses not covered by insurance suffered by the association or that unit owner and (ii) all costs that the association would not have incurred but for a breach of contract or other wrongful act or omission by the association.
(c) If a declarant is liable to an association under this section, the declarant is also liable for all expenses of litigation, including reasonable attorneys' fees and costs, incurred by the association.
(3)(a) Except as provided in RCW 64.90.680 with respect to warranty claims, any statute of limitation affecting the association's right of action against a declarant under this chapter is tolled until any period of declarant control terminates.
(b) A unit owner is not precluded from maintaining an action contemplated under this section because that person is a unit owner, board member, or officer of the association. Liens resulting from judgments against the association are governed under RCW 64.90.490.
[ 2018 c 277 § 313.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.475 - Accounts and records—Reconciliation.

RCW 64.90.475
Accounts and records—Reconciliation.
(1) The association must establish and maintain its accounts and records in a manner that will enable it to credit assessments for common expenses and specially allocated expenses, including allocations to reserves, and other income to the association, and to charge expenditures, to the account of the appropriate units in accordance with the provisions of the declaration.
(2) To assure that the unit owners are correctly assessed for the actual expenses of the association, the accounts of the association must be reconciled at least annually unless the board determines that a reconciliation would not result in a material savings to any unit owner. Unless provided otherwise in the declaration, any surplus funds of the association remaining after the payment of or provision for common expenses and any prepayment of reserves must be paid annually to the unit owners in proportion to their common expense liabilities or credited to them to reduce their future common expense assessments.
[ 2018 c 277 § 316.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.490 - Other liens.

RCW 64.90.490
Other liens.
(1) In a condominium, plat community, and miscellaneous community:
(a) Except as otherwise provided in (b) of this subsection, a judgment for money against the association perfected under RCW 4.64.020 is not a lien on the common elements, but is a lien in favor of the judgment lienholder against all of the other real estate of the association and all of the units in the common interest community at the time the judgment was entered. Other property of a unit owner is not subject to the claims of creditors of the association.
(b) If the association has granted a security interest in the common elements to a creditor of the association pursuant to RCW 64.90.465, the holder of that security interest must exercise its right against the common elements before its judgment lien on any unit may be enforced.
(c) Whether perfected before or after the creation of the common interest community, if a lien, other than a deed of trust or mortgage, including a judgment lien or lien attributable to work performed or materials supplied before creation of the common interest community, becomes effective against two or more units, the unit owner of an affected unit may pay to the lienholder the amount of the lien attributable to the unit, and the lienholder, upon receipt of payment, must promptly deliver a release of the lien covering that unit. The amount of the payment must be proportionate to the ratio that the unit owner's common expense liability bears to the common expense liabilities of all unit owners that are subject to the lien. After payment, the association may not assess or have a lien against that unit owner's unit for any portion of the common expenses incurred in connection with that lien.
(d) A judgment against the association must be recorded and indexed in the name of the common interest community and the association and, when so indexed, is notice of the lien against the units.
(2) In a cooperative:
(a) If the association receives notice of an impending foreclosure on all or any portion of the association's real estate, the association must promptly transmit a copy of that notice to each unit owner of a unit located within the real estate to be foreclosed. Failure of the association to transmit the notice does not affect the validity of the foreclosure.
(b) Whether a unit owner's unit is subject to the claims of the association's creditors, other property of a unit owner is not subject to those claims.
[ 2018 c 277 § 319.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.500 - Association as trustee.

RCW 64.90.500
Association as trustee.
With respect to a third person dealing with the association in the association's capacity as a trustee, the existence of trust powers and their proper exercise by the association may be assumed without inquiry. A third person is not bound to inquire whether the association has power to act as trustee or is properly exercising trust powers. A third person, without actual knowledge that the association is exceeding or improperly exercising its powers, is fully protected in dealing with the association as if it possessed and properly exercised the powers it purports to exercise. A third person is not bound to assure the proper application of trust assets paid or delivered to the association in its capacity as trustee.
[ 2018 c 277 § 321.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.505 - Rules—Notice.

RCW 64.90.505
Rules—Notice.
(1) Unless the declaration provides otherwise, the board must, before adopting, amending, or repealing any rule, give all unit owners notice of:
(a) Its intention to adopt, amend, or repeal a rule and provide the text of the rule or the proposed change; and
(b) A date on which the board will act on the proposed rule or amendment after considering comments from unit owners.
(2) Following adoption, amendment, or repeal of a rule, the association must give notice to the unit owners of its action and provide a copy of any new or revised rule.
(3) If the declaration so provides, an association may adopt rules to establish and enforce construction and design criteria and aesthetic standards and, if so, must adopt procedures for enforcement of those standards and for approval of construction applications, including a reasonable time within which the association must act after an application is submitted and the consequences of its failure to act.
(4) An association's internal business operating procedures need not be adopted as rules.
(5) Every rule must be reasonable.
[ 2018 c 277 § 322.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.512 - Installation of drought resistant landscaping or wildfire ignition resistant landscaping.

RCW 64.90.512
Installation of drought resistant landscaping or wildfire ignition resistant landscaping.
(1) The declaration of a common interest ownership and any governing documents adopted by an association may not prohibit the installation of drought resistant landscaping or wildfire ignition resistant landscaping. However, the declaration or governing documents may include reasonable rules regarding the placement and aesthetic appearance of drought resistant landscaping or wildfire ignition resistant landscaping, as long as the rules do not render the use of drought resistant landscaping or wildfire ignition resistant landscaping unreasonably costly or otherwise effectively infeasible.
(2) If a property is located within the geographic designation of an order of a drought condition issued by the department of ecology under RCW 43.83B.405, an association may not impose a fine or assessment against an owner, or resident on the owner's property, for reducing or eliminating the watering of vegetation or lawns for the duration of the drought condition order.
(3) Nothing in this section may be construed to prohibit or restrict the establishment and maintenance of a fire buffer within the building ignition zone.
(4) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Building ignition zone" means a building and surrounding area up to two hundred feet from the foundation.
(b) "Drought resistant landscaping" means the use of any noninvasive vegetation adapted to arid or dry conditions, stone, or landscaping rock.
(c) "Firewise" means the firewise communities program developed by the national fire protection association, which encourages local solutions for wildfire safety by involving homeowners, community leaders, planners, developers, firefighters, and others in the effort to protect people and property from wildfire risks.
(d) "Wildfire ignition resistant landscaping" includes:
(i) Any landscaping tools or techniques, or noninvasive vegetation, that do not readily ignite from a flame or other ignition source; or
(ii) The use of firewise methods to reduce ignition risk in a building ignition zone.
[ 2020 c 9 § 4.]
NOTES:
Findings—Intent—2020 c 9: See note following RCW 64.38.057.
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.90 - Washington Uniform Common Interest Ownership Act. › 64.90.520 - Officers and board members—Removal.

RCW 64.90.520
Officers and board members—Removal.
(1) Unit owners present in person, by proxy, or by absentee ballot at any meeting of the unit owners at which a quorum is present may remove any board member and any officer elected by the unit owners, with or without cause, if the number of votes in favor of removal cast by unit owners entitled to vote for election of the board member or officer proposed to be removed is at least the lesser of (a) a majority of the votes in the association held by such unit owners or (b) two-thirds of the votes cast by such unit owners at the meeting, but:
(i) A board member appointed by the declarant may not be removed by a unit owner vote during any period of declarant control;
(ii) A board member appointed under RCW 64.90.420(3) may be removed only by the person that appointed that member; and
(iii) The unit owners may not consider whether to remove a board member or officer at a meeting of the unit owners unless that subject was listed in the notice of the meeting.
(2) At any meeting at which a vote to remove a board member or officer is to be taken, the board member or officer being considered for removal must have a reasonable opportunity to speak before the vote.
(3) At any meeting at which a board member or officer is removed, the unit owners entitled to vote for the board member or officer may immediately elect a successor board member or officer consistent with this chapter.
(4) The board may, without a unit owner vote, remove from the board a board member or officer elected by the unit owners if (a) the board member or officer is delinquent in the payment of assessments more than sixty days and (b) the board member or officer has not cured the delinquency within thirty days after receiving notice of the board's intent to remove the board member or officer. Unless provided otherwise by the governing documents, the board may remove an officer elected by the board at any time, with or without cause. The removal must be recorded in the minutes of the next board meeting.
[ 2018 c 277 § 325.]