Title 64, REAL PROPERTY AND CONVEYANCES

(1)(a) Subject to subsection (3) of this section, the declaration may provide for a period of declarant control of the association, during which period a declarant, or persons designated by the declarant, may: (i) Appoint and remove the officers and board members; or (ii) Veto or…

(1) No later than 30 days following the date of the transition meeting held pursuant to RCW 64.90.415(4), the declarant must deliver or cause to be delivered to the board elected at the transition meeting all property of the unit owners and association as required by the declarat…

(1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise. (a) "Involuntary transfer" means a transfer by foreclosure of a mortgage, deed in lieu of foreclosure, tax sale, judicial sale, or sale in a bankruptcy or receivers…

(1) Within two years after the transition meeting, the association may terminate without penalty, upon not less than ninety days' notice to the other party, any of the following if it was entered into before the board was elected: (a) Any management, maintenance, operations, or e…

(1) Unless provided for in the declaration, the organizational documents of the association must: (a) Provide the number of board members and the titles of the officers of the association; (b) Provide for election by the board or, if the declaration requires, by the unit owners o…

(1) Except to the extent provided by the declaration, subsections (2) and (4) of this section, or RCW 64.90.470(8), the association must maintain, repair, and replace the common elements, including limited common elements, and each unit owner must maintain, repair, and replace th…

(1) The following requirements apply to unit owner meetings: (a) A meeting of the association must be held at least once each year. Failure to hold an annual meeting does not cause a forfeiture or give cause for dissolution of the association and does not affect otherwise valid a…

(1) Unless the organizational documents provide otherwise, a quorum is present throughout any meeting of the unit owners if at the beginning of the meeting persons entitled to cast 20 percent of the votes in the association attend in person, by proxy, by means of communication un…

(1) Unit owners may vote at a meeting under subsection (2) or (3) of this section or, when a vote is conducted without a meeting, by ballot in the manner provided in subsection (4) of this section. (2) At a meeting of unit owners the following requirements apply: (a) Unless the d…

(1) A unit owner is not liable, solely by reason of being a unit owner, for an injury or damage arising out of the condition or use of the common elements. Neither the association nor any unit owner except the declarant is liable for that declarant's torts in connection with any …

(1)(a) In a common interest community other than a cooperative, portions of the common elements may be conveyed or subjected to a security interest by the association if unit owners entitled to cast at least eighty percent of the votes in the association, including eighty percent…

(1) Commencing not later than the time of the first conveyance of a unit to a person other than a declarant, the association must maintain in its own name, to the extent reasonably available and subject to reasonable deductibles: (a) Property insurance on the common elements and,…

(1) The association must establish and maintain its accounts and records in a manner that will enable it to credit assessments for common expenses, including allocations to reserves, and other income to the association, and to charge expenditures, to the account of the appropriat…

(1)(a) Assessments for common expenses must be made at least annually based on a budget adopted at least annually by the association in the manner provided in RCW 64.90.525. (b) Assessments for common expenses must commence on all units that have been created upon the conveyance …

(1) The association has a statutory lien on each unit for any unpaid assessment against the unit from the time such assessment is due. (2) A lien under this section has priority over all other liens and encumbrances on a unit except: (a) Liens and encumbrances recorded before the…

(1) In a condominium, plat community, and miscellaneous community: (a) Except as otherwise provided in (b) of this subsection, a judgment for money against the association perfected under RCW 4.64.020 is not a lien on the common elements, but is a lien in favor of the judgment li…

(1) An association must retain the following: (a) The current budget, detailed records of receipts and expenditures affecting the operation and administration of the association, and other appropriate accounting records within the last seven years; (b) Minutes of all meetings of …

With respect to a third person dealing with the association in the association's capacity as a trustee, the existence of trust powers and their proper exercise by the association may be assumed without inquiry. A third person is not bound to inquire whether the association has po…

(1) In this section, "emergency" means an event or condition or a state of emergency declared by a government for an area that includes the common interest community that constitutes an imminent: (a) Threat to the health or safety of the public or residents of the common interest…

(1) Unless the declaration provides otherwise, the board must, before adopting, amending, or repealing any rule, give all unit owners notice of: (a) Its intention to adopt, amend, or repeal a rule and provide the text of the rule or the proposed change; and (b) A date on which th…

(1)(a) An association may not prohibit display of the flag of the United States, or the flag of Washington state, on or within a unit or a limited common element, except that an association may adopt reasonable restrictions pertaining to the time, place, or manner of displaying t…

(1) The board of an association may, without a vote of the unit owners, amend the governing documents to remove an unlawful restriction. (2) A unit owner may request, in a record that sufficiently identifies an unlawful restriction in the governing document, that the board exerci…

(1) An amendment under RCW 64.90.511 must identify the association of owners, the real property affected, and the document containing the unlawful restriction. The amendment must include a conspicuous statement in substantially the following form: "This amendment removes from thi…

(1)(a) The declaration of a common interest ownership and any governing documents adopted by an association may not prohibit the installation of drought resistant landscaping, pollinator habitat, including beehives compliant with local regulation, or wildfire ignition resistant l…

(1)(a) A unit owners association may not adopt or enforce a restriction, covenant, condition, bylaw, rule, regulation, provision of a governing document, or master deed provision that: (i) Effectively prohibits or unreasonably restricts the installation or use of an electric vehi…

(1) Notice to the association, board, or any owner or occupant of a unit under this chapter must be provided in the form of a record. (2) Notice provided in a tangible medium may be transmitted by mail, private carrier, or personal delivery; telegraph or teletype; or telephone, w…

(1) Notwithstanding any contrary provision in the declaration or organizational documents, prior to an election of board members, the association must provide notice to all unit owners of the following: (a) The number of board positions that may be filled; (b) The qualifications …

(1) Unit owners present in person, by proxy, by means of communication under RCW 64.90.445(1) (e) or (f), or by absentee ballot at any meeting of the unit owners at which a quorum is present, may remove any board member and any officer elected by the unit owners, with or without …

(1)(a) Within thirty days after adoption of any proposed budget for the common interest community, the board must provide a copy of the budget to all the unit owners and set a date for a meeting of the unit owners to consider ratification of the budget not less than fourteen nor …

(1) The association must prepare, or cause to be prepared, at least annually, a financial statement of the association in accordance with accrual based accounting practices. (2) The financial statements of associations with annual assessments of $100,000 or more must be audited a…

(1) An association required to obtain a reserve study pursuant to RCW 64.90.545 must establish one or more accounts for the deposit of funds, if any, for the replacement costs of reserve components. Reserve accounts must be maintained such that reserve funds are not commingled wi…

(1) The board may withdraw funds from the association's reserve account to pay for unforeseen or unbudgeted costs that are unrelated to replacement costs of the reserve components. Any such withdrawal must be recorded in the minute books of the association. The board must give no…

(1) Unless exempt under subsection (2) of this section, an association must prepare and update a reserve study in accordance with this chapter. An initial reserve study must be prepared by a reserve study professional and based upon either a reserve study professional's visual si…

(1) Any reserve study is supplemental to the association's operating and maintenance budget. (2) A reserve study must include: (a) A reserve component list, including any reserve component, the replacement cost of which exceeds one percent of the annual budget of the association,…

(1) When more than three years have passed since the date of the last reserve study prepared by a reserve study professional, unit owners of units to which at least twenty percent of the votes in the association are allocated may demand in a record delivered to the board that the…

Except for an award for attorneys' fees and costs under RCW 64.90.555(2), monetary damages or other liability may not be awarded against or imposed upon the association or its officers or board members, or upon any person who may have provided advice or assistance to the associat…

(1) Except as otherwise prohibited by law, and subject to the limitations in subsection (2) of this section, a unit owners association may: (a) Require any unit owner intending to lease the owner's unit to use a tenant screening service or obtain background information, including…

(1) A unit owners association may not adopt or enforce a restriction, covenant, condition, bylaw, rule, provision of a governing document, or master deed provision that effectively prohibits or unreasonably restricts the use of a unit as a licensed family home child care operated…

Except for occupancy limits on short-term rentals as defined in RCW 64.37.010 and any lawful limits on occupant load per square foot or generally applicable health and safety provisions as established by applicable building code, city ordinance, or county ordinance, a unit owners…

(1)(a) A unit owners association may not adopt or enforce a restriction, covenant, condition, bylaw, rule, regulation, provision of a governing document, or master deed provision that: (i) Effectively prohibits or unreasonably restricts the installation or use of a heat pump in c…

(1) The governing documents may not prohibit the installation, use, or maintenance of fire-hardened building materials so long as the fire-hardened building material meets applicable health and safety standards and requirements imposed by state and local permitting authorities. (…

(1) A unit owners association may not adopt or enforce a restriction, covenant, condition, bylaw, rule, provision of a governing document, or master deed provision that effectively prohibits or unreasonably restricts the use of a unit as an adult family home, except as provided i…

(1) RCW 64.90.605 through 64.90.695 apply to all units subject to this chapter, except as provided in subsections (2) and (3) of this section. (2) RCW 64.90.605 through 64.90.695 do not apply in the case of: (a) A conveyance by gift, devise, or descent; (b) A conveyance pursuant …

(1) Except as otherwise provided in subsection (2) of this section, a declarant, before offering any interest in a unit to the public, shall prepare a public offering statement conforming to the requirements of RCW 64.90.610, 64.90.615, and 64.90.620. (2) A declarant may transfer…

(1) A public offering statement must contain the following information: (a) The name and address of the declarant; (b) The name and address or location of the management company, if any; (c) The relationship of the management company to the declarant, if any; (d) The name and add…

If the declaration provides that a common interest community is subject to any development rights or if the declarant reserves any special declarant rights, the public offering statement must include, in addition to the information required under RCW 64.90.610: (1) A statement of…