reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.16 - Alien Land Law. › 64.16.005 - Aliens' rights and interests in lands same as native citizens'.

RCW 64.16.005
Aliens' rights and interests in lands same as native citizens'.
Any alien may acquire and hold lands, or any right thereto, or interest therein, by purchase, devise, or descent; and he or she may convey, mortgage, and devise the same, and if he or she shall die intestate, the same shall descend to his or her heirs, and in all cases such lands shall be held, conveyed, mortgaged, or devised, or shall descend in like manner and with like effect as if such alien were a native citizen of this state or of the United States.
[ 2012 c 117 § 195; 1967 c 163 § 2.]
NOTES:
1967 c 163 adopted to implement Amendment 42: "This act is adopted by the legislature to implement amendment 42 to the state Constitution approved by the voters of the state on November 8, 1966. Amendment 42 removed constitutional restrictions against alien ownership of land by repealing Article II, section 33 of the state Constitution, as amended and Amendments 24 and 29." [ 1967 c 163 § 1.]
Severability—1967 c 163: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1967 c 163 § 9.]
The above two annotations apply to 1967 c 163. For codification of that act, see Codification Tables.
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.16 - Alien Land Law. › 64.16.140 - Certain titles confirmed.

RCW 64.16.140
Certain titles confirmed.
All lands and all estates or interests in lands, within the state of Washington, which were conveyed or attempted to be conveyed to, or acquired or attempted to be acquired by, any alien or aliens, prior to the date of the adoption of this act, are hereby confirmed to the respective persons at present owning or claiming to own the title thereto derived by, through or under any such alien ownership or attempted ownership, to the extent that title was vested in or conveyed by said alien or aliens: PROVIDED, That nothing in this section shall be construed to affect, adversely or otherwise, any title to any such lands, or to any interest or estate therein, held or claimed by any private person or corporation adversely to the title hereby confirmed.
[ 1967 c 163 § 3; 1895 c 111 § 1; RRS § 10589.]
NOTES:
Reviser's note: 1967 c 163 carried an emergency clause and was approved by the governor on March 21, 1967.
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.20 - Alienation of Land by Indians. › 64.20.010 - Puyallup Indians—Right of alienation.

RCW 64.20.010
Puyallup Indians—Right of alienation.
The said Indians who now hold, or who may hereafter hold, any of the lands of any reservation, in severalty, located in this state by virtue of treaties made between them and the United States, shall have power to lease, incumber, grant and alien the same in like manner and with like effect as any other person may do under the laws of the United States and of this state, and all restrictions in reference thereto are hereby removed.
[ 1890 p 500 § 1; RRS § 10593.]
NOTES:
Preamble: "WHEREAS, It was and is provided by and in the treaty made with and between the chiefs, head men and delegates of the Indian tribes (including the Puyallup tribe) and the United States of America, which treaty is dated on the 26th day of December, 1854, among other things as follows: 'That the president, at his discretion, should cause the whole or any portion of the lands thereby reserved, or such land as might be selected in lieu thereof, to be surveyed into lots and assign the same to such individuals or families as are willing to avail themselves of the privilege and will locate on the same as a permanent home, on the same terms, and subject to the same regulations as are provided in the sixth article of the treaty with the Omahas, so far as the same may be applicable; and
'WHEREAS, It was and is provided by and in the sixth article of the treaty with the Omahas aforesaid, among other things, that said tracts of land shall not be aliened or leased for a longer term than two years, and shall be exempt from levy, sale or forfeiture, which conditions shall continue in force until a state constitution embracing such lands within it boundaries shall have been formed, and the legislature of the state shall remove the restrictions, but providing that no state legislature shall remove the restrictions* * * without the consent of the Congress;' and
'WHEREAS, The President of the United States, on the 30th day of January, 1866, made and issued patents to the Puyallup Indians, in severalty, for the lands of said reservation, which are now of record in the proper office in Pierce county, in the State of Washington; and
'WHEREAS, All the conditions now exist which said treaties contain, and which make it desirable and proper to remove the restrictions in respect to the alienation and disposition of said lands by the Indians, who now hold them in severalty: now, therefore,"
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.20 - Alienation of Land by Indians. › 64.20.025 - Puyallup Indians—Right of alienation—When effective.

RCW 64.20.025
Puyallup Indians—Right of alienation—When effective.
*This act shall take effect and be in force from and after the consent to such removal of the restrictions shall have been given by the congress of the United States.
[ 1890 p 501 § 3; no RRS.]
NOTES:
Reviser's note: *(1) The language "this act" appears in 1890 p 501 § 3, which act is codified herein as RCW 64.20.010 through 64.20.025.
(2) An act of congress of March 3, 1893, removed the restriction on transfer (Wilson Act, 27 Stat. p 633) but postponed the right to transfer for ten years, that is, until March 3, 1903.
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.20 - Alienation of Land by Indians. › 64.20.030 - Sale of land or materials authorized.

RCW 64.20.030
Sale of land or materials authorized.
Any Indian who owns within this state any land or real estate allotted to him or her by the government of the United States may with the consent of congress, either special or general, sell and convey by deed made, executed, and acknowledged before any officer authorized to take acknowledgments to deeds within this state, any stone, mineral, petroleum, or timber contained on said land or the fee thereof and such conveyance shall have the same effect as a deed of any other person or persons within this state; it being the intention of this section to remove from Indians residing in this state all existing disabilities relating to alienation of their real estate.
[ 2012 c 117 § 196; 1899 c 96 § 1; RRS § 10595.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.28 - Joint Tenancies. › 64.28.010 - Joint tenancies with right of survivorship authorized—Methods of creation—Creditors' rights saved.

RCW 64.28.010
Joint tenancies with right of survivorship authorized—Methods of creation—Creditors' rights saved.
Whereas joint tenancy with right of survivorship permits property to pass to the survivor without the cost or delay of probate proceedings, there shall be a form of co-ownership of property, real and personal, known as joint tenancy. A joint tenancy shall have the incidents of survivorship and severability as at common law, including the unilateral right of each tenant to sever the joint tenancy. Joint tenancy shall be created only by written instrument, which instrument shall expressly declare the interest created to be a joint tenancy. It may be created by a single agreement, transfer, deed, will, or other instrument of conveyance, or by agreement, transfer, deed or other instrument from a sole owner to himself or herself and others, or from tenants in common or joint tenants to themselves or some of them, or to themselves or any of them and others, or from both spouses or both domestic partners, when holding title as community property, or otherwise, to themselves or to themselves and others, or to one of them and to another or others, or when granted or devised to executors or trustees as joint tenants: PROVIDED, That such transfer shall not derogate from the rights of creditors.
[ 2008 c 6 § 625; 1993 c 19 § 1; 1963 ex.s. c 16 § 1; 1961 c 2 § 1 (Initiative Measure No. 208, approved November 8, 1960).]
NOTES:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.28 - Joint Tenancies. › 64.28.020 - Interest in favor of two or more is interest in common—Exceptions for joint tenancies, partnerships, trustees, etc.—Presumption of community property.

RCW 64.28.020
Interest in favor of two or more is interest in common—Exceptions for joint tenancies, partnerships, trustees, etc.—Presumption of community property.
(1) Every interest created in favor of two or more persons in their own right is an interest in common, unless acquired by them in partnership, for partnership purposes, or unless declared in its creation to be a joint tenancy, as provided in RCW 64.28.010, or unless acquired by executors or trustees.
(2) Interests in common held in the names of both spouses or both domestic partners, whether or not in conjunction with others, are presumed to be their community property.
(3) Subsection (2) of this section applies as of June 9, 1988, to all existing or subsequently created interests in common.
[ 2008 c 6 § 626; 1988 c 29 § 10; 1961 c 2 § 2 (Initiative Measure No. 208, approved November 8, 1960).]
NOTES:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.28 - Joint Tenancies. › 64.28.030 - Bank deposits, choses in action, community property agreements not affected.

RCW 64.28.030
Bank deposits, choses in action, community property agreements not affected.
The provisions of this chapter shall not restrict the creation of a joint tenancy in a bank deposit or in other choses in action as heretofore or hereafter provided by law, nor restrict the power of both spouses or both domestic partners to make agreements as provided in RCW 26.16.120.
[ 2008 c 6 § 627; 1961 c 2 § 3 (Initiative Measure No. 208, approved November 8, 1960).]
NOTES:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.28 - Joint Tenancies. › 64.28.040 - Character of joint tenancy interests held by both spouses or both domestic partners.

RCW 64.28.040
Character of joint tenancy interests held by both spouses or both domestic partners.
(1) Joint tenancy interests held in the names of both spouses or both domestic partners, whether or not in conjunction with others, are presumed to be their community property, the same as other property held in the name of both spouses or both domestic partners. Any such interest passes to the survivor of the spouse or survivor of the domestic partner as provided for property held in joint tenancy, but in all other respects the interest is treated as community property.
(2) Either person in a marriage or either person in a state registered domestic partnership, or both, may sever a joint tenancy. When a joint tenancy is severed, the property, or proceeds of the property, shall be presumed to be their community property, whether it is held in the name of either spouse, or both, or in the name of either domestic partner, or both.
(3) This section applies as of January 1, 1985, to all existing or subsequently created joint tenancies.
[ 2008 c 6 § 628; 1993 c 19 § 2; 1985 c 10 § 2. Prior: 1984 c 149 § 174.]
NOTES:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Purpose—1985 c 10: "The purpose of this act is to make technical corrections to chapter 149, Laws of 1984, and to ensure that the changes made in that chapter meet the constitutional requirements of Article II, section 19 of the state Constitution." [ 1985 c 10 § 1.]
Severability—1985 c 10: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1985 c 10 § 3.]
Short title—Application—1985 c 30: See RCW 11.02.900 and 11.02.901.
Severability—Effective dates—1984 c 149: See notes following RCW 11.02.005.
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.32 - Horizontal Property Regimes Act (Condominiums). › 64.32.020 - Application of chapter.

RCW 64.32.020
Application of chapter.
This chapter shall be applicable only to property, the sole owner or all of the owners, lessees or possessors of which submit the same to the provisions hereof by duly executing and recording a declaration as hereinafter provided.
[ 1963 c 156 § 2.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.32 - Horizontal Property Regimes Act (Condominiums). › 64.32.030 - Apartments and common areas declared real property.

RCW 64.32.030
Apartments and common areas declared real property.
Each apartment, together with its undivided interest in the common areas and facilities shall not be considered as an intangible or a security or any interest therein but shall for all purposes constitute and be classified as real property.
[ 1963 c 156 § 3.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.32 - Horizontal Property Regimes Act (Condominiums). › 64.32.040 - Ownership and possession of apartments and common areas.

RCW 64.32.040
Ownership and possession of apartments and common areas.
Each apartment owner shall be entitled to the exclusive ownership and possession of his or her apartment but any apartment may be jointly or commonly owned by more than one person. Each apartment owner shall have the common right to a share, with other apartment owners, in the common areas and facilities.
[ 2012 c 117 § 197; 1963 c 156 § 4.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.32 - Horizontal Property Regimes Act (Condominiums). › 64.32.050 - Common areas and facilities.

RCW 64.32.050
Common areas and facilities.
(1) Each apartment owner shall be entitled to an undivided interest in the common areas and facilities in the percentage expressed in the declaration. Such percentage shall be computed by taking as a basis the value of the apartment in relation to the value of the property.
(2) The percentage of the undivided interest of each apartment owner in the common areas and facilities as expressed in the declaration shall not be altered except in accordance with procedures set forth in the bylaws and by amending the declaration. The percentage of the undivided interest in the common areas and facilities shall not be separated from the apartment to which it appertains even though such interest is not expressly mentioned or described in the conveyance or other instrument. Nothing in this section or this chapter shall be construed to detract from or limit the powers and duties of any assessing or taxing unit or official which is otherwise granted or imposed by law, rule, or regulation.
(3) The common areas and facilities shall remain undivided and no apartment owner or any other person shall bring any action for partition or division of any part thereof, unless the property has been removed from the provisions of this chapter as provided in RCW 64.32.150 and 64.32.230. Any covenant to the contrary shall be void. Nothing in this chapter shall be construed as a limitation on the right of partition by joint owners or owners in common of one or more apartments as to the ownership of such apartment or apartments.
(4) Each apartment owner shall have a nonexclusive easement for, and may use the common areas and facilities in accordance with the purpose for which they were intended without hindering or encroaching upon the lawful right of the other apartment owners.
(5) The necessary work of maintenance, repair and replacement of the common areas and facilities and the making of any addition or improvement thereto shall be carried out only as provided in this chapter and in the bylaws.
(6) The association of apartment owners shall have the irrevocable right, to be exercised by the manager or board of directors, to have access to each apartment from time to time during reasonable hours as may be necessary for the maintenance, repair, or replacement of any of the common areas and facilities therein or accessible therefrom, or for making emergency repairs therein necessary to prevent damage to the common areas and facilities or to another apartment or apartments.
[ 1965 ex.s. c 11 § 2; 1963 c 156 § 5.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.32 - Horizontal Property Regimes Act (Condominiums). › 64.32.060 - Compliance with covenants, bylaws, and administrative rules and regulations.

RCW 64.32.060
Compliance with covenants, bylaws, and administrative rules and regulations.
Each apartment owner shall comply strictly with the bylaws and with the administrative rules and regulations adopted pursuant thereto, as either may be lawfully amended from time to time, and with the covenants, conditions, and restrictions set forth in the declaration or in the deed to his or her apartment. Failure to comply with any of the foregoing shall be ground for an action to recover sums due, for damages or injunctive relief, or both, maintainable by the manager or board of directors on behalf of the association of apartment owners or by a particularly aggrieved apartment owner.
[ 2012 c 117 § 198; 1963 c 156 § 6.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.32 - Horizontal Property Regimes Act (Condominiums). › 64.32.070 - Liens or encumbrances—Enforcement—Satisfaction.

RCW 64.32.070
Liens or encumbrances—Enforcement—Satisfaction.
(1) Subsequent to recording the declaration as provided in this chapter, and while the property remains subject to this chapter, no lien shall thereafter arise or be effective against the property. During such period, liens or encumbrances shall arise or be created only against each apartment and the percentage of undivided interest in the common areas and facilities and appurtenant to such apartment in the same manner and under the same conditions in every respect as liens or encumbrances may arise or be created upon or against any other separate parcel of real property subject to individual ownership: PROVIDED, That no labor performed or materials furnished with the consent of or at the request of the owner of any apartment, or such owner's agent, contractor, or subcontractor, shall be the basis for the filing of a lien against any other apartment or any other property of any other apartment owner not expressly consenting to or requesting the same, except that such express consent shall be deemed to be given by any apartment owner in the case of emergency repairs. Labor performed or materials furnished for the common areas and facilities, if authorized by the association of apartment owners, the manager or board of directors shall be deemed to be performed or furnished with the express consent of each apartment owner and shall be the basis for the filing of a lien against each of the apartments and shall be subject to the provisions of subsection (2) of this section.
(2) In the event a lien against two or more apartments becomes effective, the apartment owners of the separate apartments may remove their apartment and the percentage of undivided interest in the common areas and facilities appurtenant to such apartment from the lien by payment of the fractional or proportional amounts attributable to each of the apartments affected. Such individual payments shall be computed by reference to the percentages appearing on the declaration. Subsequent to any such payment, discharge, or satisfaction, the apartment and the percentage of undivided interest in the common areas and facilities appurtenant thereto shall thereafter be free and clear of the liens so paid, satisfied, or discharged. Such partial payment, satisfaction, or discharge shall not prevent the lienor from proceeding to enforce his or her rights against any apartment and the percentage of undivided interest in the common areas and facilities appurtenant thereto not so paid, satisfied, or discharged.
[ 2012 c 117 § 199; 1963 c 156 § 7.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.32 - Horizontal Property Regimes Act (Condominiums). › 64.32.080 - Common profits and expenses.

RCW 64.32.080
Common profits and expenses.
The common profits of the property shall be distributed among, and the common expenses shall be charged to, the apartment owners according to the percentage of the undivided interest in the common areas and facilities.
[ 1963 c 156 § 8.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.32 - Horizontal Property Regimes Act (Condominiums). › 64.32.090 - Contents of declaration.

RCW 64.32.090
Contents of declaration.
The declaration shall contain the following:
(1) A description of the land on which the building and improvement are or are to be located;
(2) A description of the building, stating the number of stories and basements, the number of apartments and the principal materials of which it is or is to be constructed;
(3) The apartment number of each apartment, and a statement of its location, approximate area, number of rooms, and immediate common area to which it has access, and any other data necessary for its proper identification;
(4) A description of the common areas and facilities;
(5) A description of the limited common areas and facilities, if any, stating to which apartments their use is reserved;
(6) The value of the property and of each apartment, and the percentage of undivided interest in the common areas and facilities appertaining to each apartment and its owner for all purposes, including voting;
(7) A statement of the purposes for which the building and each of the apartments are intended and restricted as to use;
(8) The name of a person to receive service of process in the cases provided for in this chapter, together with a residence or place of business of such person which shall be within the county in which the building is located;
(9) A provision as to the percentage of votes by the apartment owners which shall be determinative of whether to rebuild, repair, restore, or sell the property in event of damage or destruction of all or part of the property;
(10) A provision authorizing and establishing procedures for the subdividing and/or combining of any apartment or apartments, common areas and facilities or limited common areas and facilities, which procedures may provide for the accomplishment thereof through means of a metes and bounds description;
(11) A provision requiring the adoption of bylaws for the administration of the property or for other purposes not inconsistent with this chapter, which may include whether administration of the property shall be by a board of directors elected from among the apartment owners, by a manager, or managing agent, or otherwise, and the procedures for the adoption thereof and amendments thereto;
(12) Any further details in connection with the property which the person executing the declaration may deem desirable to set forth consistent with this chapter; and
(13) The method by which the declaration may be amended, consistent with this chapter: PROVIDED, That not less than sixty percent of the apartment owners shall consent to any amendment except that any amendment altering the value of the property and of each apartment and the percentage of undivided interest in the common areas and facilities shall require the unanimous consent of the apartment owners.
[ 1963 c 156 § 9.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.32 - Horizontal Property Regimes Act (Condominiums). › 64.32.100 - Copy of survey map, building plans to be filed—Contents of plans.

RCW 64.32.100
Copy of survey map, building plans to be filed—Contents of plans.
Simultaneously with the recording of the declaration there shall be filed in the office of the county auditor of the county in which the property is located a survey map of the surface of the land submitted to the provisions of this chapter showing the location or proposed location of the building or buildings thereon.
There also shall be filed simultaneously, a set of plans of the building or buildings showing as to each apartment:
(1) The vertical and horizontal boundaries, as defined in RCW 64.32.010(1), in sufficient detail to identify and locate such boundaries relative to the survey map of the surface of the land by the use of standard survey methods;
(2) The number of the apartment and its dimensions;
(3) The approximate square footage of each unit;
(4) The number of bathrooms, whole or partial;
(5) The number of rooms to be used primarily as bedrooms;
(6) The number of built-in fireplaces;
(7) A statement of any scenic view which might affect the value of the apartment; and
(8) The initial value of the apartment relative to the other apartments in the building.
The set of plans shall bear the verified statement of a registered architect, registered professional engineer, or registered land surveyor certifying that the plans accurately depict the location and dimensions of the apartments as built.
If such plans do not include such verified statement there shall be recorded prior to the first conveyance of any apartment an amendment to the declaration to which shall be attached a verified statement of a registered architect, registered professional engineer, or registered land surveyor, certifying that the plans theretofore filed or being filed simultaneously with such amendment, fully and accurately depict the apartment numbers, dimensions, and locations of the apartments as built.
Such plans shall each contain a reference to the date of recording of the declaration and the volume, page and county auditor's receiving number of the recorded declaration. Correspondingly, the record of the declaration or amendment thereof shall contain a reference to the file number of the plans of the building affected thereby.
All plans filed shall be in such style, size, form and quality as shall be prescribed by the county auditor of the county where filed, and a copy shall be delivered to the county assessor.
[ 1987 c 383 § 2; 1965 ex.s. c 11 § 3; 1963 c 156 § 10.]
NOTES:
Fees for filing condominium surveys, maps, or plats: RCW 58.24.070.
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.32 - Horizontal Property Regimes Act (Condominiums). › 64.32.110 - Ordinances, resolutions, or zoning laws—Construction.

RCW 64.32.110
Ordinances, resolutions, or zoning laws—Construction.
Local ordinances, resolutions, or laws relating to zoning shall be construed to treat like structures, lots, or parcels in like manner regardless of whether the ownership thereof is divided by sale of apartments under this chapter rather than by lease of apartments.
[ 1963 c 156 § 11.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.32 - Horizontal Property Regimes Act (Condominiums). › 64.32.120 - Contents of deeds or other conveyances of apartments.

RCW 64.32.120
Contents of deeds or other conveyances of apartments.
Deeds or other conveyances of apartments shall include the following:
(1) A description of the land as provided in RCW 64.32.090, or the post office address of the property, including in either case the date of recording of the declaration and the volume and page or county auditor's recording number of the recorded declaration;
(2) The apartment number of the apartment in the declaration and any other data necessary for its proper identification;
(3) A statement of the use for which the apartment is intended;
(4) The percentage of undivided interest appertaining to the apartment, the common areas and facilities and limited common areas and facilities appertaining thereto, if any;
(5) Any further details which the grantor and grantee may deem desirable to set forth consistent with the declaration and with this chapter.
[ 1999 c 233 § 9; 1965 ex.s. c 11 § 4; 1963 c 156 § 12.]
NOTES:
Effective date—1999 c 233: See note following RCW 4.28.320.
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.32 - Horizontal Property Regimes Act (Condominiums). › 64.32.130 - Mortgages, liens or encumbrances affecting an apartment at time of first conveyance.

RCW 64.32.130
Mortgages, liens or encumbrances affecting an apartment at time of first conveyance.
At the time of the first conveyance of each apartment, every mortgage, lien, or other encumbrance affecting such apartment, including the percentage of undivided interest of the apartment in the common areas and facilities, shall be paid and satisfied of record, or the apartment being conveyed and its percentage of undivided interest in the common areas and facilities shall be released therefrom by partial release duly recorded.
[ 1963 c 156 § 13.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.32 - Horizontal Property Regimes Act (Condominiums). › 64.32.140 - Recording.

RCW 64.32.140
Recording.
The declaration, any amendment thereto, any instrument by which the property may be removed from this chapter and every instrument affecting the property or any apartment shall be entitled to be recorded in the office of the auditor of the county in which the property is located. Neither the declaration nor any amendment thereof shall be valid unless duly recorded.
[ 1963 c 156 § 14.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.32 - Horizontal Property Regimes Act (Condominiums). › 64.32.150 - Removal of property from provisions of chapter.

RCW 64.32.150
Removal of property from provisions of chapter.
(1) All of the apartment owners may remove a property from the provisions of this chapter by an instrument to that effect duly recorded: PROVIDED, That the mortgagees and holders of all liens affecting any of the apartments consent thereto or agree, in either case by instrument duly recorded, that their mortgages and liens be transferred to the percentage of the undivided interest of the apartment owner in the property as hereinafter provided;
(2) Upon removal of the property from the provisions of this chapter, the property shall be deemed to be owned in common by the apartment owners. The undivided interest in the property owned in common which shall appertain to each apartment owner shall be the percentage of the undivided interest previously owned by such owners in the common areas and facilities.
(3) Subject to RCW 64.34.010 (1) and (2) and the rights of mortgagees and the holders of all liens affecting any of the apartments, the apartment owners may remove a property from the provisions of this chapter and terminate the condominium in the manner set forth in RCW 64.34.268 (1) through (7) and (10), in which event all of the provisions of RCW 64.34.268 (1) through (7) and (10) shall apply to such removal in lieu of subsections (1) and (2) of this section.
[ 2008 c 114 § 2; 1963 c 156 § 15.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.32 - Horizontal Property Regimes Act (Condominiums). › 64.32.160 - Removal of property from provisions of chapter—No bar to subsequent resubmission.

RCW 64.32.160
Removal of property from provisions of chapter—No bar to subsequent resubmission.
The removal provided for in RCW 64.32.150 shall in no way bar the subsequent resubmission of the property to the provisions of this chapter.
[ 1963 c 156 § 16.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.32 - Horizontal Property Regimes Act (Condominiums). › 64.32.180 - Exemption from liability for contribution for common expenses prohibited.

RCW 64.32.180
Exemption from liability for contribution for common expenses prohibited.
No apartment owner may exempt himself or herself from liability for his or her contribution towards the common expenses by waiver of the use or enjoyment of any of the common areas and facilities or by abandonment of his or her apartment.
[ 2012 c 117 § 200; 1963 c 156 § 18.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.32 - Horizontal Property Regimes Act (Condominiums). › 64.32.190 - Separate assessments and taxation.

RCW 64.32.190
Separate assessments and taxation.
Each apartment and its undivided interest in the common areas and facilities shall be deemed to be a parcel and shall be subject to separate assessments and taxation by each assessing unit for all types of taxes authorized by law including but not limited to special ad valorem levies and special assessments. Neither the building, nor the property, nor any of the common areas and facilities shall be deemed to be a security or a parcel for any purpose.
[ 1963 c 156 § 19.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.32 - Horizontal Property Regimes Act (Condominiums). › 64.32.210 - Conveyance—Liability of grantor and grantee for unpaid common expenses.

RCW 64.32.210
Conveyance—Liability of grantor and grantee for unpaid common expenses.
In a voluntary conveyance the grantee of an apartment shall be jointly and severally liable with the grantor for all unpaid assessments against the latter for his or her share of the common expenses up to the time of the grantor's conveyance, without prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee therefor. Any such grantee shall be entitled to a statement from the manager or board of directors, as the case may be, setting forth the amount of the unpaid assessments against the grantor and such grantee shall not be liable for, nor shall the apartment conveyed be subject to a lien for, any unpaid assessments against the grantor in excess of the amount therein set forth.
[ 2012 c 117 § 202; 1963 c 156 § 21.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.32 - Horizontal Property Regimes Act (Condominiums). › 64.32.220 - Insurance.

RCW 64.32.220
Insurance.
The manager or board of directors, if required by the declaration, bylaws, or by a majority of the apartment owners, or at the request of a mortgagee having a mortgage of record covering an apartment, shall obtain insurance for the property against loss or damage by fire and such other hazards under such terms and for such amounts as shall be required or requested. Such insurance coverage shall be written on the property in the name of the manager or of the board of directors of the association of apartment owners, as trustee for each of the apartment owners in the percentages established in the declaration. Premiums shall be common expenses. Provision for such insurance shall be without prejudice to the right of each apartment owner to insure his or her own apartment and/or the personal contents thereof for his or her benefit.
[ 2012 c 117 § 203; 1963 c 156 § 22.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.32 - Horizontal Property Regimes Act (Condominiums). › 64.32.230 - Destruction or damage to all or part of property—Disposition.

RCW 64.32.230
Destruction or damage to all or part of property—Disposition.
If, within ninety days of the date of damage or destruction to all or part of the property it is not determined by the apartment owners to repair, reconstruct, or rebuild in accordance with the original plan, or by a unanimous vote of all apartment owners to do otherwise, then and in that event:
(1) The property shall be owned in common by the apartment owners;
(2) The undivided interest in the property owned in common which appertains to each apartment owner shall be the percentage of undivided interest previously owned by such owner in the common areas and facilities;
(3) Any mortgages or liens affecting any of the apartments shall be deemed transferred in accordance with the existing priorities to the percentage of the undivided interest of the apartment owner in the property as provided herein; and
(4) The property shall be subject to an action for partition at the suit of any apartment owner, in which event the net proceeds of sale, together with the net proceeds of the insurance of the property, if any, shall be considered as one fund; such fund shall be divided into separate shares one for each apartment owner in a percentage equal to the percentage of undivided interest owned by each such owner in the property; then, after first paying out of the respective share of each apartment owner, to the extent sufficient for the purpose, all mortgages and liens on the undivided interest in the property owned by such apartment owner, the balance remaining in each share shall then be distributed to each apartment owner respectively.
[ 1965 ex.s. c 11 § 7; 1963 c 156 § 23.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.32 - Horizontal Property Regimes Act (Condominiums). › 64.32.240 - Actions.

RCW 64.32.240
Actions.
Without limiting the rights of any apartment owner, actions may be brought as provided by law and by the rules of court by the manager or board of directors, in either case in the discretion of the board of directors, on behalf of two or more of the apartment owners, as their respective interests may appear, with respect to any cause of action relating to the common areas and facilities or more than one apartment. Service of process on two or more apartment owners in any action relating to the common areas and facilities or more than one apartment may be made on the person designated in the declaration to receive service of process. Actions relating to the common areas and facilities for damages arising out of tortious conduct shall be maintained only against the association of apartment owners and any judgment lien or other charge resulting therefrom shall be deemed a common expense, which judgment lien or other charge shall be removed from any apartment and its percentage of undivided interest in the common areas and facilities upon payment by the respective owner of his or her proportionate share thereof based on the percentage of undivided interest owned by such apartment owner.
[ 2012 c 117 § 204; 1963 c 156 § 24.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.32 - Horizontal Property Regimes Act (Condominiums). › 64.32.250 - Application of chapter, declaration and bylaws.

RCW 64.32.250
Application of chapter, declaration and bylaws.
(1) All apartment owners, tenants of such owners, employees of such owners and tenants, and any other person that may in any manner use the property or any part thereof submitted to the provisions of this chapter, shall be subject to this chapter and to the declaration and bylaws of the association of apartment owners adopted pursuant to the provisions of this chapter.
(2) All agreements, decisions and determinations made by the association of apartment owners under the provisions of this chapter, the declaration, or the bylaws and in accordance with the voting percentages established in this chapter, the declaration, or the bylaws, shall be deemed to be binding on all apartment owners.
[ 1963 c 156 § 25.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.32 - Horizontal Property Regimes Act (Condominiums). › 64.32.260 - Applicability to common interest communities.

RCW 64.32.260
Applicability 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 § 217; 2018 c 277 § 503.]
NOTES:
Effective date—2018 c 277: See RCW 64.90.910.
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.32 - Horizontal Property Regimes Act (Condominiums). › 64.32.300 - Tenant screening.

RCW 64.32.300
Tenant screening.
(1) Except as otherwise prohibited by law, and subject to the limitations in subsection (2) of this section, an association of apartment owners may:
(a) Require any apartment owner intending to lease the owner's apartment to use a tenant screening service or obtain background information, including criminal history, on a prospective tenant, at the owner's sole cost and expense, prior to the owner entering into a lease agreement with a prospective tenant; and
(b) Require proof that the tenant screening requirement has been fulfilled or that the background information on a prospective tenant has been obtained by the owner intending to lease the owner's apartment.
(2) An association may not require that a copy of the tenant screening report or any background information pertaining to a tenant be furnished to the association.
[ 2023 c 23 § 1.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.32 - Horizontal Property Regimes Act (Condominiums). › 64.32.320 - New declarations—Accessory dwelling units.

RCW 64.32.320
New declarations—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 § 10.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.32 - Horizontal Property Regimes Act (Condominiums). › 64.32.330 - New declaration minimum density.

RCW 64.32.330
New declaration minimum density.
A declaration created after July 23, 2023, and applicable to an association of apartment owners located within an area of 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 § 11.]
NOTES:
Finding—2023 c 332: See note following RCW 36.70A.635.
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.32 - Horizontal Property Regimes Act (Condominiums). › 64.32.910 - Construction of term "this chapter."

RCW 64.32.910
Construction of term "this chapter."
The term "this chapter" means RCW 64.32.010 through 64.32.250 and 64.32.900 through 64.32.920, and as they may hereafter be amended or supplemented by subsequent legislation.
[ 1963 c 156 § 27.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.32 - Horizontal Property Regimes Act (Condominiums). › 64.32.920 - Severability—1963 c 156.

RCW 64.32.920
Severability—1963 c 156.
If any provision of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the application of the provisions to other persons or circumstances is not affected.
[ 1963 c 156 § 28.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.34 - Condominium Act. › 64.34.005 - Findings—Intent—2004 c 201.

RCW 64.34.005
Findings—Intent—2004 c 201.
(1) The legislature finds, declares, and determines that:
(a) Washington's cities and counties under the growth management act are required to encourage urban growth in urban growth areas at densities that accommodate twenty-year growth projections;
(b) The growth management act's planning goals include encouraging the availability of affordable housing for all residents of the state and promoting a variety of housing types;
(c) Quality condominium construction needs to be encouraged to achieve growth management act mandated urban densities and to ensure that residents of the state, particularly in urban growth areas, have a broad range of ownership choices.
(2) It is the intent of the legislature that limited changes be made to the condominium act to ensure that a broad range of affordable homeownership opportunities continue to be available to the residents of the state, and to assist cities' and counties' efforts to achieve the density mandates of the growth management act.
[ 2004 c 201 § 1.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.34 - Condominium Act. › 64.34.030 - Variation by agreement.

RCW 64.34.030
Variation by agreement.
Except as expressly provided in this chapter, provisions of this chapter may not be varied by agreement, and rights conferred by this chapter may not be waived. A declarant may not act under a power of attorney or use any other device to evade the limitations or prohibitions of this chapter or the declaration.
[1989 c 43 § 1-104.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.34 - Condominium Act. › 64.34.040 - Separate interests—Taxation.

RCW 64.34.040
Separate interests—Taxation.
(1) If there is any unit owner other than a declarant, each unit that has been created, together with its interest in the common elements, constitutes for all purposes a separate parcel of real property.
(2) If there is any unit owner other than a declarant, each unit together with its interest in the common elements must be separately taxed and assessed.
(3) If a development right has an ascertainable market value, the development right shall constitute a separate parcel of real property for property tax purposes and must be separately taxed and assessed to the declarant.
(4) If there is no unit owner other than a declarant, the real property comprising the condominium may be taxed and assessed in any manner provided by law.
[ 1992 c 220 § 3; 1989 c 43 § 1-105.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.34 - Condominium Act. › 64.34.050 - Local ordinances, regulations, and building codes—Applicability.

RCW 64.34.050
Local ordinances, regulations, and building codes—Applicability.
(1) A zoning, subdivision, building code, or other real property law, ordinance, or regulation may not prohibit the condominium form of ownership or impose any requirement upon a condominium which it would not impose upon a physically identical development under a different form of ownership. Otherwise, no provision of this chapter invalidates or modifies any provision of any zoning, subdivision, building code, or other real property use law, ordinance, or regulation.
(2) This section shall not prohibit a county legislative authority from requiring the review and approval of declarations and amendments thereto and termination agreements executed pursuant to RCW 64.34.268(2) by the county assessor solely for the purpose of allocating the assessed value and property taxes. The review by the assessor shall be done in a reasonable and timely manner.
[1989 c 43 § 1-106.]