Title 64 — Title 64 REAL PROPERTY AND CONVEYANCES
22 chapters · 521 sections in this title.
RCW 64.35.105 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Affiliate" has the meaning in RCW 64.90.010.(2) "Association" has the meaning in RCW 64.90.010.(3) "Building envelope" means the assemblies, components, and materials …
RCW 64.35.106 Qualified warrantees—Application of RCW 48.01.040.
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All qualified warrantees shall be deemed to be "insurance" for purposes of RCW 48.01.040, and shall be regulated as such.[ 2004 c 201 s 2001.]
RCW 64.35.110 No duty to offer a qualified warranty—Insurer sets terms—Scope of inquiry—Conditions.
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(1) No insurer is bound to offer a qualified warranty to any person. Except as specifically set forth in this section, the terms of any qualified warranty are set in the sole discretion of the qualified insurer. Without limiting the generality of this subsection, a qualified insu…
RCW 64.35.115 Attorneys' fees.
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In any judicial proceeding or arbitration brought to enforce the terms of a qualified warranty, the court or arbitrator may award reasonable attorneys' fees to the substantially prevailing party. In no event may such fees exceed the reasonable hourly value of the attorney's work.…
RCW 64.35.120 Change of ownership—Coverage transfers.
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(1) A qualified warranty pertains solely to the unit and common elements for which it provides coverage and no notice to the qualified insurer is required on a change of ownership.(2) All of the applicable unused benefits under a qualified warranty with respect to a unit are auto…
RCW 64.35.205 Qualified warranty—Remedy and procedure—Application of chapter 64.50 RCW.
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No declarant, affiliate of a declarant, or construction professional is liable to a unit owner or an association for damages awarded for repair of construction defects and resulting physical damage, and chapter 64.50 RCW shall not apply if: (1) Every unit is the subject of a qual…
RCW 64.35.210 Notice of qualified warranty—History of claims.
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(1) Every public offering statement and resale certificate shall affirmatively state whether or not the unit and/or the common elements are covered by a qualified warranty, and shall provide to the best knowledge of the person preparing the public offering statement or resale cer…
RCW 64.35.305 Two-year materials and labor warranty—Noncompliance with building code.
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(1) The minimum coverage for the two-year materials and labor warranty is:(a) In the first twelve months, for other than the common elements, (i) coverage for any defect in materials and labor; and (ii) subject to subsection (2) of this section, coverage for a violation of the bu…
RCW 64.35.310 Five-year building envelope warranty.
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The minimum coverage for the building envelope warranty is five years for defects in the building envelope of a condominium, including a defect which permits unintended water penetration so that it causes, or is likely to cause, material damage to the unit or common elements.[ 20…
RCW 64.35.315 Ten-year structural defects warranty.
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The minimum coverage for the structural defects warranty is ten years for:(1) Any defect in materials and labor that results in the failure of a load-bearing part of the condominium; and(2) Any defect which causes structural damage that materially and adversely affects the use of…
RCW 64.35.320 Beginning dates for warranty coverage.
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(1) For the unit, the beginning date of the qualified warranty coverage is the earlier of:(a) Actual occupancy of the unit; or(b) Transfer of legal title to the unit.(2) For the common elements, the beginning date of a qualified warranty is the date a temporary or final certifica…
RCW 64.35.325 Beginning dates for warranty coverage—Special cases—Declarant control.
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(1) If an unsold unit is occupied as a rental unit, the qualified warranty beginning date for such unit is the date the unit is first occupied.(2) If the declarant subsequently offers to sell a unit which is rented, the declarant must disclose, in writing, to each prospective pur…
RCW 64.35.330 Living expense allowance.
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(1) If repairs are required under the qualified warranty and damage to the unit, or the extent of the repairs renders the unit uninhabitable, the qualified warranty must cover reasonable living expenses incurred by the owner to live elsewhere in an amount commensurate with the na…
RCW 64.35.335 Warranty on repairs and replacements.
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(1) All repairs and replacements made under a qualified warranty must be warranted by the qualified warranty against defects in materials and labor until the later of:(a) The first anniversary of the date of completion of the repair or replacement; or(b) The expiration of the app…
RCW 64.35.405 Provisions a qualified insurer may include.
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A qualified insurer may include any of the following provisions in a qualified warranty:(1) If the qualified insurer makes a payment or assumes liability for any payment or repair under a qualified warranty, the owner and association must fully support and assist the qualified in…
RCW 64.35.410 Authorized exclusions—General.
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(1) A qualified insurer may exclude from a qualified warranty:(a) Landscaping, both hard and soft, including plants, fencing, detached patios, planters not forming a part of the building envelope, gazebos, and similar structures;(b) Any commercial use area and any construction as…
RCW 64.35.415 Authorized exclusions—Defects.
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A qualified insurer may exclude any or all of the following items from a qualified warranty:(1) Weathering, normal wear and tear, deterioration, or deflection consistent with normal industry standards;(2) Normal shrinkage of materials caused by drying after construction;(3) Any l…
RCW 64.35.420 Limits on amounts—Calculation of costs—Adjustments.
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(1) A qualified insurer may establish a monetary limit on the amount of the warranty. Any limit must not be less than:(a) For a unit, the lesser of (i) the original purchase price paid by the owner, or (ii) one hundred thousand dollars;(b) For common elements, the lesser of (i) t…
RCW 64.35.425 Prohibited policy provisions—Exclusions.
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(1) A qualified insurer must not include in a qualified warranty any provision that requires an owner or the association:(a) To sign a release before repairs are performed under the qualified warranty; or(b) To pay a deductible in excess of five hundred dollars for the repair of …
RCW 64.35.505 Failure to provide information—Conditions or exclusions may not apply.
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(1) If coverage under a qualified warranty is conditional on an owner undertaking proper maintenance, or if coverage is excluded for damage caused by negligence by the owner or association with respect to maintenance or repair by the owner or association, the conditions or exclus…
RCW 64.35.510 Schedule of expiration dates must be provided.
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(1) A qualified insurer must, as soon as reasonably possible after the beginning date for the qualified warranty, provide an owner and association with a schedule of the expiration dates for coverages under the qualified warranty as applicable to the unit and the common elements,…
RCW 64.35.515 Duty to mitigate may be required.
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(1) The qualified insurer may require an owner or association to mitigate any damage to a unit or the common elements, including damage caused by defects or water penetration, as set out in the qualified warranty.(2) Subject to subsection (3) of this section, for defects covered …
RCW 64.35.520 Notice of claim—Reasonable timeliness and detail—Contents.
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(1) Within a reasonable time after the discovery of a defect and before the expiration of the applicable qualified warranty coverage, a claimant must give to the qualified insurer and the declarant written notice in reasonable detail that provides particulars of any specific defe…
RCW 64.35.525 Handling of claim—Prompt response—Procedures.
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A qualified insurer must, on receipt of a notice of a claim under a qualified warranty, promptly make reasonable attempts to contact the claimant to arrange an evaluation of the claim. Claims shall be handled in accordance with the claims procedures set forth in rules by the insu…
RCW 64.35.605 Disputed claim—Notice—Mediation procedures—Duties of parties.
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(1) If a dispute between a qualified insurer and a claimant arising under a qualified warranty cannot be resolved by informal negotiation within a reasonable time, the claimant or qualified insurer may require that the dispute be referred to mediation by delivering written notice…
RCW 64.35.610 Disputed claim—Notice—Arbitration procedures—Duties of parties.
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A qualified warranty may include mandatory binding arbitration of all disputes arising out of or in connection with a qualified warranty. The provision may provide that all claims for a single condominium be heard by the same arbitrator, but shall not permit the joinder or consol…