reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.34 - Condominium Act. › 64.34.060 - Condemnation.

RCW 64.34.060
Condemnation.
(1) If a unit is acquired by condemnation, or if part of a unit is acquired by condemnation leaving the unit owner with a remnant of a unit which may not practically or lawfully be used for any purpose permitted by the declaration, the award must compensate the unit owner for the owner's unit and its appurtenant interest in the common elements, whether or not any common elements are acquired. Upon acquisition, unless the decree otherwise provides, that unit's allocated interests are automatically reallocated to the remaining units in proportion to the respective allocated interests of those units before the taking, and the association shall promptly prepare, execute, and record an amendment to the declaration reflecting the reallocations. Any remnant of a unit remaining after part of a unit is taken under this subsection is thereafter a common element.
(2) Except as provided in subsection (1) of this section, if part of a unit is acquired by condemnation, the award must compensate the unit owner for the reduction in value of the unit and its appurtenant interest in the common elements, whether or not any common elements are acquired. Upon acquisition, unless the decree otherwise provides: (a) That unit's allocated interests are reduced in proportion to the reduction in the size of the unit, or on any other basis specified in the declaration; and (b) the portion of the allocated interests divested from the partially acquired unit are automatically reallocated to that unit and the remaining units in proportion to the respective allocated interests of those units before the taking, with the partially acquired unit participating in the reallocation on the basis of its reduced allocated interests.
(3) If part of the common elements is acquired by condemnation the portion of the award attributable to the common elements taken shall be paid to the owners based on their respective interests in the common elements unless the declaration provides otherwise. Unless the declaration provides otherwise, any portion of the award attributable to the acquisition of a limited common element must be equally divided among the owners of the units to which that limited common element was allocated at the time of acquisition.
(4) The court judgment shall be recorded in every county in which any portion of the condominium is located.
(5) Should the association not act, based on a right reserved to the association in the declaration, on the owners' behalf in a condemnation process, the affected owners may individually or jointly act on their own behalf.
[1989 c 43 § 1-107.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.34 - Condominium Act. › 64.34.070 - Law applicable—General principles.

RCW 64.34.070
Law applicable—General principles.
The principles of law and equity, including the law of corporations and unincorporated associations, the law of real property, and the law relative to capacity to contract, principal and agent, condemnation, estoppel, fraud, misrepresentation, duress, coercion, mistake, receivership, substantial performance, or other validating or invalidating cause supplement the provisions of this chapter, except to the extent inconsistent with this chapter.
[1989 c 43 § 1-108.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.34 - Condominium Act. › 64.34.073 - Application of chapter 64.55 RCW.

RCW 64.34.073
Application of chapter 64.55 RCW.
Chapter 64.55 RCW includes requirements for: The inspection of the building enclosures of multiunit residential buildings, as defined in RCW 64.55.010, which includes condominiums and conversion condominiums; for provision of inspection and repair reports; and for the resolution of implied or express warranty disputes under chapter 64.34 RCW.
[ 2005 c 456 § 21.]
NOTES:
Effective date—2005 c 456: See RCW 64.55.901.
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.34 - Condominium Act. › 64.34.076 - Application to common interest communities.

RCW 64.34.076
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 § 218; 2018 c 277 § 504.]
NOTES:
Effective date—2018 c 277: See RCW 64.90.910.
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.34 - Condominium Act. › 64.34.080 - Contracts—Unconscionability.

RCW 64.34.080
Contracts—Unconscionability.
(1) The court, upon finding as a matter of law that a contract or contract clause was unconscionable at the time the contract was made, may refuse to enforce the contract, enforce the remainder of the contract without the unconscionable clause, or limit the application of any unconscionable clause in order to avoid an unconscionable result.
(2) Whenever it is claimed, or appears to the court, that a contract or any contract clause is or may be unconscionable, the parties, in order to aid the court in making the determination, shall be afforded a reasonable opportunity to present evidence as to:
(a) The commercial setting of the negotiations;
(b) Whether a party has knowingly taken advantage of the inability of the other party reasonably to protect his or her interests by reason of physical or mental infirmity, illiteracy, or inability to understand the language of the agreement or similar factors;
(c) The effect and purpose of the contract or clause; and
(d) If a sale, any gross disparity at the time of contracting between the amount charged for the real property and the value of the real property measured by the price at which similar real property was readily obtainable in similar transactions, but a disparity between the contract price and the value of the real property measured by the price at which similar real property was readily obtainable in similar transactions does not, of itself, render the contract unconscionable.
[1989 c 43 § 1-111.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.34 - Condominium Act. › 64.34.090 - Obligation of good faith.

RCW 64.34.090
Obligation of good faith.
Every contract or duty governed by this chapter imposes an obligation of good faith in its performance or enforcement.
[1989 c 43 § 1-112.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.34 - Condominium Act. › 64.34.100 - Remedies liberally administered.

RCW 64.34.100
Remedies liberally administered.
(1) The remedies provided by this chapter shall be liberally administered to the end that the aggrieved party is put in as good a position as if the other party had fully performed. However, consequential, special, or punitive damages may not be awarded except as specifically provided in this chapter or by other rule of law.
(2) Except as otherwise provided in RCW 64.55.100 through 64.55.160 or chapter 64.35 RCW, any right or obligation declared by this chapter is enforceable by judicial proceeding. The arbitration proceedings provided for in RCW 64.55.100 through 64.55.160 shall be considered judicial proceedings for the purposes of this chapter.
[ 2005 c 456 § 20; 2004 c 201 § 2; 1989 c 43 § 1-113.]
NOTES:
Effective date—2005 c 456: See RCW 64.55.901.
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.34 - Condominium Act. › 64.34.110 - New declaration minimum density.

RCW 64.34.110
New declaration minimum density.
A declaration created after July 23, 2023, and applicable to an area within a city subject to the middle housing requirements in RCW 36.70A.635 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 § 10.]
NOTES:
Finding—2023 c 332: See note following RCW 36.70A.635.
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.34 - Condominium Act. › 64.34.120 - New declaration—Accessory dwelling units.

RCW 64.34.120
New declaration—Accessory dwelling units.
(1) Except a declaration created to protect public health and safety, and ground and surface waters from on-site wastewater, a declaration 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 § 9.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.34 - Condominium Act. › 64.34.200 - Creation of condominium.

RCW 64.34.200
Creation of condominium.
(1) A condominium may be created pursuant to this chapter only by recording a declaration executed by the owner of the interest subject to this chapter in the same manner as a deed and by simultaneously recording a survey map and plans pursuant to RCW 64.34.232. The declaration and survey map and plans must be recorded in every county in which any portion of the condominium is located, and the condominium shall not have the same name as any other existing condominium, whether created under this chapter or under chapter 64.32 RCW, in any county in which the condominium is located.
(2) A declaration or an amendment to a declaration adding units to a condominium may not be recorded unless (a) all structural components and mechanical systems of all buildings containing or comprising any units thereby created are substantially completed as evidenced by a recorded certificate of completion executed by the declarant which certificate may be included in the declaration or the amendment, the survey map and plans to be recorded pursuant to RCW 64.34.232, or a separately recorded written instrument, and (b) all horizontal and vertical boundaries of such units are substantially completed in accordance with the plans required to be recorded by RCW 64.34.232, as evidenced by a recorded certificate of completion executed by a licensed surveyor.
[ 1992 c 220 § 4; 1990 c 166 § 2; 1989 c 43 § 2-101.]
NOTES:
Effective date—1990 c 166: See note following RCW 64.34.020.
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.34 - Condominium Act. › 64.34.202 - Reservation of condominium name.

RCW 64.34.202
Reservation of condominium name.
Upon the filing of a written request with the county office in which the declaration is to be recorded, using such form of written request as may be required by the county office and paying such fee as the county office may establish not in excess of fifty dollars, a person may reserve the exclusive right to use a particular name for a condominium to be created in that county. The name being reserved shall not be identical to any other condominium or subdivision plat located in that county, and such name reservation shall automatically lapse unless within three hundred sixty-five days from the date on which the name reservation is filed the person reserving that name either records a declaration using the reserved name or files a new name reservation request.
[ 1992 c 220 § 5.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.34 - Condominium Act. › 64.34.204 - Unit boundaries.

RCW 64.34.204
Unit boundaries.
Except as provided by the declaration:
(1) The walls, floors, or ceilings are the boundaries of a unit, and all lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring, and any other materials constituting any part of the finished surfaces thereof are a part of the unit, and all other portions of the walls, floors, or ceilings are a part of the common elements.
(2) If any chute, flue, duct, wire, conduit, bearing wall, bearing column, or any other fixture lies partially within and partially outside the designated boundaries of a unit, any portion thereof serving only that unit is a limited common element allocated solely to that unit, and any portion thereof serving more than one unit or any portion of the common elements is a part of the common elements.
(3) Subject to the provisions of subsection (2) of this section, all spaces, interior partitions, and other fixtures and improvements within the boundaries of a unit are a part of the unit.
(4) Any shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, patios, and all exterior doors and windows or other fixtures designed to serve a single unit, but which are located outside the unit's boundaries, are limited common elements allocated exclusively to that unit.
[ 1992 c 220 § 6; 1989 c 43 § 2-102.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.34 - Condominium Act. › 64.34.208 - Declaration and bylaws—Construction and validity.

RCW 64.34.208
Declaration and bylaws—Construction and validity.
(1) All provisions of the declaration and bylaws are severable.
(2) The rule against perpetuities may not be applied to defeat any provision of the declaration, bylaws, rules, or regulations adopted pursuant to RCW 64.34.304(1)(a).
(3) In the event of a conflict between the provisions of the declaration and the bylaws, the declaration prevails except to the extent the declaration is inconsistent with this chapter.
(4) The creation of a condominium shall not be impaired and title to a unit and common elements shall not be rendered unmarketable or otherwise affected by reason of an insignificant failure of the declaration or survey map and plans or any amendment thereto to comply with this chapter. Whether a significant failure impairs marketability shall not be determined by this chapter.
[1989 c 43 § 2-103.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.34 - Condominium Act. › 64.34.212 - Description of units.

RCW 64.34.212
Description of units.
A description of a unit which sets forth the name of the condominium, the recording number for the declaration, the county in which the condominium is located, and the identifying number of the unit is a sufficient legal description of that unit and all rights, obligations, and interests appurtenant to that unit which were created by the declaration or bylaws.
[1989 c 43 § 2-104.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.34 - Condominium Act. › 64.34.220 - Leasehold condominiums.

RCW 64.34.220
Leasehold condominiums.
(1) Any lease, the expiration or termination of which may terminate the condominium or reduce its size, or a memorandum thereof, shall be recorded. Every lessor of those leases must sign the declaration, and the declaration shall state:
(a) The recording number of the lease or a statement of where the complete lease may be inspected;
(b) The date on which the lease is scheduled to expire;
(c) A legal description of the real property subject to the lease;
(d) Any right of the unit owners to redeem the reversion and the manner whereby those rights may be exercised, or a statement that they do not have those rights;
(e) Any right of the unit owners to remove any improvements within a reasonable time after the expiration or termination of the lease, or a statement that they do not have those rights; and
(f) Any rights of the unit owners to renew the lease and the conditions of any renewal, or a statement that they do not have those rights.
(2) The declaration may provide for the collection by the association of the proportionate rents paid on the lease by the unit owners and may designate the association as the representative of the unit owners on all matters relating to the lease.
(3) If the declaration does not provide for the collection of rents by the association, the lessor may not terminate the interest of a unit owner who makes timely payment of the owner's share of the rent and otherwise complies with all covenants other than the payment of rent which, if violated, would entitle the lessor to terminate the lease.
(4) Acquisition of the leasehold interest of any unit owner by the owner of the reversion or remainder does not merge the leasehold and fee simple interests unless the leasehold interests of all unit owners subject to that reversion or remainder are acquired and the owner thereof records a document confirming the merger.
(5) If the expiration or termination of a lease decreases the number of units in a condominium, the allocated interests shall be reallocated in accordance with RCW 64.34.060(1) as though those units had been taken by condemnation. Reallocations shall be confirmed by an amendment to the declaration and survey map and plans prepared, executed, and recorded by the association.
[1989 c 43 § 2-106.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.34 - Condominium Act. › 64.34.224 - Common element interests, votes, and expenses—Allocation.

RCW 64.34.224
Common element interests, votes, and expenses—Allocation.
(1) The declaration shall allocate a fraction or percentage of undivided interests in the common elements and in the common expenses of the association, and a portion of the votes in the association, to each unit and state the formulas or methods used to establish those allocations. Those allocations may not discriminate in favor of units owned by the declarant or an affiliate of the declarant.
(2) If units may be added to or withdrawn from the condominium, the declaration shall state the formulas or methods to be used to reallocate the allocated interests among all units included in the condominium after the addition or withdrawal.
(3) The declaration may provide: (a) For cumulative voting only for the purpose of electing members of the board of directors; and (b) for class voting on specified issues affecting the class if necessary to protect valid interests of the class. A declarant may not utilize cumulative or class voting for the purpose of evading any limitation imposed on declarants by this chapter, nor may units constitute a class because they are owned by a declarant.
(4) Except for minor variations due to rounding, the sum of the undivided interests in the common elements and common expense liabilities allocated at any time to all the units must each equal one if stated as fractions or one hundred percent if stated as percentages. In the event of discrepancy between an allocated interest and the result derived from application of the pertinent formula, the allocated interest prevails.
(5) Except where permitted by other sections of this chapter, the common elements are not subject to partition, and any purported conveyance, encumbrance, judicial sale, or other voluntary or involuntary transfer of an undivided interest in the common elements made without the unit to which that interest is allocated is void.
[ 1992 c 220 § 8; 1989 c 43 § 2-107.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.34 - Condominium Act. › 64.34.228 - Limited common elements.

RCW 64.34.228
Limited common elements.
(1) Except for the limited common elements described in RCW 64.34.204 (2) and (4), the declaration shall specify to which unit or units each limited common element is allocated.
(2) Except in the case of a reallocation being made by a declarant pursuant to a development right reserved in the declaration, a limited common element may only be reallocated between units with the approval of the board of directors and by an amendment to the declaration executed by the owners of the units to which the limited common element was and will be allocated. The board of directors shall approve the request of the owner or owners under this subsection within thirty days, or within such other period provided by the declaration, unless the proposed reallocation does not comply with this chapter or the declaration. The failure of the board of directors to act upon a request within such period shall be deemed approval thereof. The amendment shall be recorded in the names of the parties and of the condominium.
(3) Unless otherwise provided in the declaration, the owners of units to which at least sixty-seven percent of the votes are allocated, including the owner of the unit to which the limited common element will be assigned or incorporated, must agree to reallocate a common element as a limited common element or to incorporate a common element or a limited common element into an existing unit. Such reallocation or incorporation shall be reflected in an amendment to the declaration, survey map, or plans.
[ 1992 c 220 § 9; 1989 c 43 § 2-108.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.34 - Condominium Act. › 64.34.236 - Development rights.

RCW 64.34.236
Development rights.
(1) To exercise any development right reserved under RCW 64.34.216(1)(j), the declarant shall prepare, execute, and record an amendment to the declaration under RCW 64.34.264, and comply with RCW 64.34.232. The declarant is the unit owner of any units thereby created. The amendment to the declaration shall assign an identifying number to each new unit created, and, except in the case of subdivision or conversion of units described in subsection (2) of this section, reallocate the allocated interests among all units. The amendment must describe any common elements and any limited common elements thereby created and, in the case of limited common elements, designate the unit to which each is allocated to the extent required by RCW 64.34.228.
(2) Development rights may be reserved within any real property added to the condominium if the amendment adding that real property includes all matters required by RCW 64.34.216 or 64.34.220, as the case may be, and the survey map and plans include all matters required by RCW 64.34.232. This provision does not extend the time limit on the exercise of development rights imposed by the declaration pursuant to RCW 64.34.216(1)(j).
(3) Whenever a declarant exercises a development right to subdivide or convert a unit previously created into additional units, common elements, or both:
(a) If the declarant converts the unit entirely to common elements, the amendment to the declaration must reallocate all the allocated interests of that unit among the other units as if that unit had been taken by condemnation under RCW 64.34.060.
(b) If the declarant subdivides the unit into two or more units, whether or not any part of the unit is converted into common elements, the amendment to the declaration must reallocate all the allocated interests of the unit among the units created by the subdivision in any reasonable and equitable manner prescribed by the declarant.
(4) If the declaration provides, pursuant to RCW 64.34.216(1)(j), that all or a portion of the real property is subject to the development right of withdrawal:
(a) If all the real property is subject to withdrawal, and the declaration or survey map or amendment thereto does not describe separate portions of real property subject to that right, none of the real property may be withdrawn if a unit in that portion of the real property is owned by a person other than the declarant; and
(b) If a portion or portions are subject to withdrawal as described in the declaration or in the survey map or in any amendment thereto, no portion may be withdrawn if a unit in that portion of the real property is owned by a person other than the declarant.
[1989 c 43 § 2-110.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.34 - Condominium Act. › 64.34.240 - Alterations of units.

RCW 64.34.240
Alterations of units.
Subject to the provisions of the declaration and other provisions of law, a unit owner:
(1) May make any improvements or alterations to the owner's unit that do not affect the structural integrity or mechanical or electrical systems or lessen the support of any portion of the condominium;
(2) May not change the appearance of the common elements or the exterior appearance of a unit without permission of the association;
(3) After acquiring an adjoining unit or an adjoining part of an adjoining unit may, with approval of the board of directors, remove or alter any intervening partition or create apertures therein, even if the partition in whole or in part is a common element, if those acts do not adversely affect the structural integrity or mechanical or electrical systems or lessen the support of any portion of the condominium. Removal of partitions or creation of apertures under this subsection is not a relocation of boundaries. The board of directors shall approve a unit owner's request, which request shall include the plans and specifications for the proposed removal or alteration, under this subsection within thirty days, or within such other period provided by the declaration, unless the proposed alteration does not comply with this chapter or the declaration or impairs the structural integrity or mechanical or electrical systems in the condominium. The failure of the board of directors to act upon a request within such period shall be deemed approval thereof.
[1989 c 43 § 2-111.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.34 - Condominium Act. › 64.34.244 - Relocation of boundaries—Adjoining units.

RCW 64.34.244
Relocation of boundaries—Adjoining units.
(1) Subject to the provisions of the declaration and other provisions of law, the boundaries between adjoining units may only be relocated by an amendment to the declaration upon application to the association by the owners of those units. If the 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 of directors determines within thirty days, or such other period provided in the declaration, that the reallocations are unreasonable, the association shall prepare an amendment that identifies the units involved, states the reallocations, is executed by those unit owners, contains words of conveyance between them, and is recorded in the name of the grantor and the grantee.
(2) The association shall obtain and record survey maps or plans complying with the requirements of RCW 64.34.232(4) necessary to show the altered boundaries between adjoining units and their dimensions and identifying numbers.
[1989 c 43 § 2-112.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.34 - Condominium Act. › 64.34.248 - Subdivision of units.

RCW 64.34.248
Subdivision of units.
(1) If the declaration permits, a unit may be subdivided into two or more units. Subject to the provisions of the declaration and other provisions of law, upon application of a unit owner to subdivide a unit, the association shall prepare, execute, and record an amendment to the declaration, including survey maps and plans, subdividing that unit.
(2) The amendment to the declaration must be executed by the owner of the unit to be subdivided, assign an identifying number to each unit created, and reallocate the allocated interests formerly allocated to the subdivided unit to the new units in any reasonable and equitable manner prescribed by the owner of the subdivided unit.
[1989 c 43 § 2-113.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.34 - Condominium Act. › 64.34.252 - Monuments as boundaries.

RCW 64.34.252
Monuments as boundaries.
The physical boundaries of a unit constructed in substantial accordance with the original survey map and set of plans thereof become its boundaries rather than the metes and bounds expressed in the survey map or plans, regardless of settling or lateral movement of the building or minor variance between boundaries shown on the survey map or plans and those of the building. This section does not relieve a declarant or any other person of liability for failure to adhere to the survey map and plans.
[1989 c 43 § 2-114.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.34 - Condominium Act. › 64.34.256 - Use by declarant.

RCW 64.34.256
Use by declarant.
A declarant may maintain sales offices, management offices, and models in units or on common elements in the condominium only if the declaration so provides and specifies the rights of a declarant with regard to the number, location, and relocation thereof. Any sales office, management office, or model not designated a unit by the declaration is a common element and, if a declarant ceases to be a unit owner, the declarant ceases to have any rights with regard thereto unless it is removed promptly from the condominium in accordance with a right to remove reserved in the declaration. Subject to any limitations in the declaration, a declarant may maintain signs on the common elements advertising the condominium. The provisions of this section are subject to the provisions of other state law and to local ordinances.
[ 1992 c 220 § 11; 1989 c 43 § 2-115.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.34 - Condominium Act. › 64.34.260 - Easement rights—Common elements.

RCW 64.34.260
Easement rights—Common elements.
Subject to the provisions of the declaration, a declarant has an easement through the common elements as may be reasonably necessary for the purpose of discharging a declarant's obligations or exercising special declarant rights, whether arising under this chapter or reserved in the declaration.
[1989 c 43 § 2-116.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.34 - Condominium Act. › 64.34.264 - Amendment of declaration.

RCW 64.34.264
Amendment of declaration.
(1) Except in cases of amendments that may be executed by a declarant under RCW 64.34.232(6) or 64.34.236; the association under RCW 64.34.060, 64.34.220(5), 64.34.228(3), 64.34.244(1), 64.34.248, or 64.34.268(8); or certain unit owners under RCW 64.34.228(2), 64.34.244(1), 64.34.248(2), or 64.34.268(2), and except as limited by subsection (4) of this section, the declaration, including the survey maps and plans, may be amended only by vote or agreement of unit owners of units to which at least sixty-seven percent of the votes in the association are allocated, or any larger percentage the declaration specifies: PROVIDED, That the declaration may specify a smaller percentage only if all of the units are restricted exclusively to nonresidential use.
(2) No action to challenge the validity of an amendment adopted by the association pursuant to this section may be brought more than one year after the amendment is recorded.
(3) Every amendment to the declaration must be recorded in every county in which any portion of the condominium is located, and is effective only upon recording. An amendment shall be indexed in the name of the condominium and shall contain a cross-reference by recording number to the declaration and each previously recorded amendment thereto.
(4) Except to the extent expressly permitted or required by other provisions of this chapter, no amendment may create or increase special declarant rights, increase the number of units, change the boundaries of any unit, the allocated interests of a unit, or the uses to which any unit is restricted, in the absence of the vote or agreement of the owner of each unit particularly affected and the owners of units to which at least ninety percent of the votes in the association are allocated other than the declarant or such larger percentage as the declaration provides.
(5) Amendments to the declaration required by this chapter to be recorded by the association shall be prepared, executed, recorded, and certified on behalf of the association by any officer of the association designated for that purpose or, in the absence of designation, by the president of the association.
(6) No amendment may restrict, eliminate, or otherwise modify any special declarant right provided in the declaration without the consent of the declarant and any mortgagee of record with a security interest in the special declarant right or in any real property subject thereto, excluding mortgagees of units owned by persons other than the declarant.
[1989 c 43 § 2-117.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.34 - Condominium Act. › 64.34.272 - Rights of secured lenders.

RCW 64.34.272
Rights of secured lenders.
The declaration may require that all or a specified number or percentage of the holders of mortgages encumbering the units 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 (1) deny or delegate control over the general administrative affairs of the association by the unit owners or the board of directors, or (2) prevent the association or the board of directors from commencing, intervening in, or settling any litigation or proceeding, or receiving and distributing any insurance proceeds except pursuant to RCW 64.34.352. 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 mortgage need be obtained and the percentage shall be based upon the votes attributable to units with respect to which eligible mortgagees have an interest.
[1989 c 43 § 2-119.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.34 - Condominium Act. › 64.34.276 - Master associations.

RCW 64.34.276
Master associations.
(1) If the declaration provides that any of the powers described in RCW 64.34.304 are to be exercised by or may be delegated to a profit or nonprofit corporation which exercises those or other powers on behalf of a development consisting of one or more condominiums or for the benefit of the unit owners of one or more condominiums, all provisions of this chapter applicable to unit owners' associations apply to any such corporation, except as modified by this section.
(2) Unless a master association is acting in the capacity of an association described in RCW 64.34.300, it may exercise the powers set forth in RCW 64.34.304(1)(b) only to the extent expressly permitted in the declarations of condominiums which are part of the master association or expressly described in the delegations of power from those condominiums to the master association.
(3) If the declaration of any condominium provides that the board of directors may delegate certain powers to a master association, the members of the board of directors have no liability 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 64.34.308, 64.34.332, 64.34.336, 64.34.340, and 64.34.348 apply in the conduct of the affairs of a master association only to those 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) Notwithstanding the provisions of *RCW 64.34.308(6) with respect to the election of the board of directors of an association by all unit owners after the period of declarant control ends and even if a master association is also an association described in RCW 64.34.300, the certificate of incorporation or other instrument creating the master association and the declaration of each condominium, the powers of which are assigned by the declaration or delegated to the master association, must provide that the board of directors of the master association shall be elected after the period of declarant control in any of the following ways:
(a) All unit owners of all condominiums subject to the master association may elect all members of that board of directors.
(b) All members of the boards of directors of all condominiums subject to the master association may elect all members of that board of directors.
(c) All unit owners of each condominium subject to the master association may elect specified members of that board of directors.
(d) All members of the board of directors of each condominium subject to the master association may elect specified members of that board of directors.
[1989 c 43 § 2-120.]
NOTES:
*Reviser's note: RCW 64.34.308 was amended by 2011 c 189 § 2, changing subsection (6) to subsection (7), effective January 1, 2012.
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.34 - Condominium Act. › 64.34.280 - Merger or consolidation.

RCW 64.34.280
Merger or consolidation.
(1) Any two or more condominiums, by agreement of the unit owners as provided in subsection (2) of this section, may be merged or consolidated into a single condominium. In the event of a merger or consolidation, unless the agreement otherwise provides, the resultant condominium is, for all purposes, the legal successor of all of the preexisting condominiums and the operations and activities of all associations of the preexisting condominiums shall be merged or consolidated into a single association which shall hold all powers, rights, obligations, assets, and liabilities of all preexisting associations.
(2) An agreement of two or more condominiums 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 condominiums following approval by owners of units to which are allocated the percentage of votes in each condominium required to terminate that condominium. Any such agreement must be recorded in every county in which a portion of the condominium is located and is not effective until recorded.
(3) Every merger or consolidation agreement must provide for the reallocation of the allocated interests in the new association among the units of the resultant condominium either (a) by stating the reallocations or the formulas upon which they are based or (b) by stating the portion of overall allocated interests of the new condominium which are allocated to all of the units comprising each of the preexisting condominiums, and providing that the percentages allocated to each unit formerly comprising a part of the preexisting condominium in such portion must be equal to the percentages of allocated interests allocated to that unit by the declaration of the preexisting condominium.
(4) All merged or consolidated condominiums under this section shall comply with this chapter.
[1989 c 43 § 2-121.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.34 - Condominium Act. › 64.34.300 - Unit owners' association—Organization.

RCW 64.34.300
Unit owners' association—Organization.
A unit owners' association shall be organized no later than the date the first unit in the condominium is conveyed. The membership of the association at all times shall consist exclusively of all the unit owners. Following termination of the condominium, the membership of the association shall consist of all of the unit owners at the time of termination entitled to distributions of proceeds under RCW 64.34.268 or their heirs, successors, or assigns. The association shall be organized as a profit or nonprofit corporation. In case of any conflict between Title 23B RCW, the business corporation act, chapter 24.03A RCW, the nonprofit corporation act, or chapter 24.06 RCW, the nonprofit miscellaneous and mutual corporations act, and this chapter, this chapter shall control.
[ 2021 c 176 § 5231; 1992 c 220 § 14; 1989 c 43 § 3-101.]
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 64.34 - Condominium Act. › 64.34.320 - Contracts and leases—Declarant—Termination.

RCW 64.34.320
Contracts and leases—Declarant—Termination.
If entered into before the board of directors elected by the unit owners pursuant to *RCW 64.34.308(6) takes office, (1) any management contract, employment contract, or lease of recreational or parking areas or facilities, (2) any other contract or lease between the association and a declarant or an affiliate of a declarant, or (3) any contract or lease that is not bona fide or was unconscionable to the unit owners at the time entered into under the circumstances then prevailing may be terminated without penalty by the association at any time after the board of directors elected by the unit owners pursuant to *RCW 64.34.308(6) takes office upon not less than ninety days' notice to the other party or within such lesser notice period provided for without penalty in the contract or lease. This section does not apply to any lease, the termination of which would terminate the condominium or reduce its size, unless the real property subject to that lease was included in the condominium for the purpose of avoiding the right of the association to terminate a lease under this section.
[1989 c 43 § 3-106.]
NOTES:
*Reviser's note: RCW 64.34.308 was amended by 2011 c 189 § 2, changing subsection (6) to subsection (7), effective January 1, 2012.
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.34 - Condominium Act. › 64.34.324 - Bylaws.

RCW 64.34.324
Bylaws.
(1) Unless provided for in the declaration, the bylaws of the association shall provide for:
(a) The number, qualifications, powers and duties, terms of office, and manner of electing and removing the board of directors and officers and filling vacancies;
(b) Election by the board of directors of such officers of the association as the bylaws specify;
(c) Which, if any, of its powers the board of directors or officers may delegate to other persons or to a managing agent;
(d) Which of its officers may prepare, execute, certify, and record amendments to the declaration on behalf of the association;
(e) The method of amending the bylaws; and
(f) A statement of the standard of care for officers and members of the board of directors imposed by RCW 64.34.308(1).
(2) Subject to the provisions of the declaration, the bylaws may provide for any other matters the association deems necessary and appropriate.
(3) In determining the qualifications of any officer or director of the association, notwithstanding the provision of *RCW 64.34.020(32) the term "unit owner" in such context shall, unless the declaration or bylaws otherwise provide, be deemed to include any director, officer, partner in, or trustee of any person, who is, either alone or in conjunction with another person or persons, a unit owner. Any officer or director of the association who would not be eligible to serve as such if he or she were not a director, officer, partner in, or trustee of such a person shall be disqualified from continuing in office if he or she ceases to have any such affiliation with that person, or if that person would have been disqualified from continuing in such office as a natural person.
[ 2004 c 201 § 3; 1992 c 220 § 16; 1989 c 43 § 3-107.]
NOTES:
*Reviser's note: RCW 64.34.020 was amended by 2008 c 115 § 8, changing subsection (32) to subsection (39). RCW 64.34.020 was subsequently alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (39) to subsection (42), effective January 1, 2012. RCW 64.34.020 was subsequently alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (42) to subsection (44).
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.34 - Condominium Act. › 64.34.328 - Upkeep of condominium.

RCW 64.34.328
Upkeep of condominium.
(1) Except to the extent provided by the declaration, subsection (2) of this section, or RCW 64.34.352(7), the association is responsible for maintenance, repair, and replacement of the common elements, including the limited common elements, and each unit owner is responsible for maintenance, repair, and replacement of the owner's unit. Each unit owner shall afford to the association and the other unit owners, and to their agents or employees, access through the owner's unit and limited common elements reasonably necessary for those purposes. 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, shall be liable for the repair thereof.
(2) 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 property subject to development rights except that 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 shall be paid by the association as a common expense. No other unit owner and no other portion of the condominium is subject to a claim for payment of those expenses. Unless the declaration provides otherwise, any income or proceeds from real property subject to development rights inures to the declarant.
[1989 c 43 § 3-108.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.34 - Condominium Act. › 64.34.332 - Meetings.

RCW 64.34.332
Meetings.
(1) A meeting of the association must be held at least once each year. Special meetings of the association may be called by the president, a majority of the board of directors, or by unit owners having twenty percent or any lower percentage specified in the declaration or bylaws of the votes in the association. Not less than fourteen nor more than fifty days in advance of any meeting, the secretary or other officer specified in the bylaws shall cause notice to be provided in accordance with this chapter. The notice of any meeting shall state the time and place of the meeting and the items on the agenda to be voted on by the members, including the general nature of any proposed amendment to the declaration or bylaws, changes in the previously approved budget that result in a change in assessment obligations, and any proposal to remove a director or officer.
(2) Except as otherwise restricted by the declaration, bylaws, or articles of incorporation, meetings of unit owners may be conducted by telephonic, video, or other conferencing process, if: (a) The meeting notice states the conferencing process to be used and provides information explaining how unit owners may participate in the conference directly or by meeting at a central location or conference connection; and (b) the process provides all unit owners the opportunity to hear or perceive the discussion and to comment.
[ 2021 c 227 § 5; 1989 c 43 § 3-109.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.34 - Condominium Act. › 64.34.336 - Quorums.

RCW 64.34.336
Quorums.
(1) Unless the bylaws specify a larger percentage, a quorum is present throughout any meeting of the association if the owners of units to which twenty-five percent of the votes of the association are allocated are present in person or by proxy at the beginning of the meeting.
(2) Unless the bylaws specify a larger percentage, a quorum is deemed present throughout any meeting of the board of directors if persons entitled to cast fifty percent of the votes on the board of directors are present at the beginning of the meeting.
[1989 c 43 § 3-110.]