Title 64 — Title 64 REAL PROPERTY AND CONVEYANCES
22 chapters · 521 sections in this title.
RCW 64.38.130 Tenant screening.
0.8K chars
(1) Except as otherwise prohibited by law, and subject to the limitations in subsection (2) of this section, a homeowners' association may:(a) Require any lot owner intending to lease the owner's lot to use a tenant screening service or obtain background information, including cr…
RCW 64.38.140 Licensed family home child care or licensed child day care center—Regulations—Liability.
2.8K chars
(1) A homeowners' association may not adopt or enforce a restriction, covenant, condition, bylaw, rule, regulation, provision of a governing document, or master deed provision that effectively prohibits, unreasonably restricts, or limits, directly or indirectly, the use of a lot …
RCW 64.38.150 New associations minimum density.
0.4K chars
Governing documents of associations within cities subject to the middle housing requirements in RCW 36.70A.635 that are created after July 23, 2023, may not actively or effectively prohibit the construction, development, or use of additional housing units as required in RCW 36.70…
RCW 64.38.160 New associations—Accessory dwelling units.
0.9K chars
(1) Except governing documents of associations created to protect public health and safety, and ground and surface waters from on-site wastewater, governing documents of associations created after July 23, 2023, and applicable to a property located within an urban growth area may…
RCW 64.38.170 Occupancy limits.
0.6K chars
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 homeowners'…
RCW 64.38.180 Heat pumps.
4.8K chars
(1)(a) A homeowners' 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 co…
RCW 64.38.184 Transit-oriented development restrictions.
0.5K chars
(1) Governing documents created after July 27, 2025, and applicable to associations located fully or partially within a station area as defined in RCW 36.70A.030 may not prohibit the construction or development of multifamily housing or transit-oriented development density that m…
RCW 64.38.900 Conflict with other sections.
0.1K chars
In case of any conflict between Title 23B RCW or chapter 23.86, 24.03A, 24.06, or 25.15 RCW and this chapter, this chapter controls.[ 2025 c 119 s 5.]
RCW 64.40.010 Definitions—Defense in action for damages.
2.4K chars
As used in this chapter, the terms in this section shall have the meanings indicated unless the context clearly requires otherwise.(1) "Agency" means the state of Washington, any of its political subdivisions, including any city, town, or county, and any other public body exercis…
RCW 64.40.020 Applicant for permit—Actions for damages from governmental actions.
1.1K chars
(1) Owners of a property interest who have filed an application for a permit have an action for damages to obtain relief from acts of an agency which are arbitrary, capricious, unlawful, or exceed lawful authority, or relief from a failure to act within time limits established by…
RCW 64.40.030 Commencement of action—Time limitation.
0.2K chars
Any action to assert claims under the provisions of this chapter shall be commenced only within thirty days after all administrative remedies have been exhausted.[ 1982 c 232 s 3.]
RCW 64.40.040 Remedies cumulative.
0.1K chars
The remedies provided by this chapter are in addition to any other remedies provided by law.[ 1982 c 232 s 4.]
RCW 64.44.005 Legislative finding.
0.5K chars
The legislature finds that some properties are being contaminated by hazardous chemicals used in unsafe or illegal ways in the manufacture of illegal drugs or by hazardous drugs contaminating transient accommodations regulated by the department. Innocent members of the public may…
RCW 64.44.010 Definitions.
3.3K chars
The words and phrases defined in this section shall have the following meanings when used in this chapter unless the context clearly indicates otherwise.(1) "Authorized contractor" means a person who decontaminates, demolishes, or disposes of contaminated property as required by …
RCW 64.44.020 Reporting—Warning—Notice—Duties of local health officer.
2.8K chars
Whenever a law enforcement agency becomes aware that property has been contaminated by hazardous chemicals, that agency shall report the contamination to the local health officer. The local health officer shall cause a posting of a written warning on the premises within one worki…
RCW 64.44.030 Order declaring property unfit and prohibiting use—Notice—Hearing—Emergency order.
3.4K chars
(1) If after the inspection of the property, the local health officer finds that it is contaminated, then the local health officer shall issue an order declaring the property unfit and prohibiting its use. The local health officer shall cause the order to be served either persona…
RCW 64.44.040 Orders declaring property unfit and prohibiting use—City, county action—Entrance upon property prohibited.
2.0K chars
(1) Upon issuance of an order declaring property unfit and prohibiting its use, the city or county in which the contaminated property is located may take action to prohibit use, occupancy, or removal of such property; condemn, decontaminate, or demolish the property; or require t…
RCW 64.44.050 Decontamination, demolition, or disposal by owner—Requirements and procedure—Costs—Decontamination timeline.
6.1K chars
(1) An owner of contaminated property who desires to have the property decontaminated, demolished, or disposed of shall use the services of an authorized contractor unless otherwise authorized by the local health officer. The contractor and property owner shall prepare and submit…
RCW 64.44.060 Certification of contractors, supervisors, or workers—Denial, suspension, revocation, or restrictions on certificate—Penalties—Fees.
4.7K chars
(1) A contractor, supervisor, or worker may not perform decontamination, demolition, or disposal work unless issued a certificate by the state department of health. The department shall establish performance standards for contractors, supervisors, and workers by rule in accordanc…
RCW 64.44.070 Rules and standards—Chapter administration, property decontamination.
1.2K chars
(1) The state board of health shall promulgate rules and standards for carrying out the provisions in this chapter in accordance with chapter 34.05 RCW, the administrative procedure act. The local board of health and the local health officer are authorized to exercise such powers…
RCW 64.44.075 Annual evaluation and inspection of decontamination projects.
0.6K chars
The department may evaluate annually a number of the property decontamination projects performed by licensed contractors to determine the adequacy of the decontamination work, using the services of an independent environmental contractor or state or local agency. If a project fai…
RCW 64.44.080 Civil liability—Immunity.
0.4K chars
Members of the state board of health and local boards of health, local health officers, and employees of the department of health and local health departments are immune from civil liability arising out of the performance of their duties under this chapter, unless such performanc…
RCW 64.44.900 Application—Other remedies.
0.2K chars
This chapter shall not limit state or local government authority to act under any other statute, including chapter 35.80 or 7.48 RCW.[ 1990 c 213 s 11.]
RCW 64.50.005 Finding—Intent.
0.4K chars
The legislature finds, declares, and determines that limited changes in the law are necessary and appropriate concerning actions claiming damages, indemnity, or contribution in connection with alleged construction defects. It is the intent of the legislature that this chapter app…
RCW 64.50.010 Definitions.
6.3K chars
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.(1) "Action" means any civil lawsuit or action in contract or tort for damages or indemnity brought against a construction professional to assert a claim, whether by compl…
RCW 64.50.020 Construction defect action—Notice of claim—Report—Response—Procedure for negotiations—Commencing an action.
8.9K chars
(1) In every construction defect action brought against a construction professional, the claimant shall, no later than 45 days before filing an action, serve written notice of claim on the construction professional.(a) The notice of claim shall state that the claimant asserts a c…
RCW 64.50.030 List of known construction defects—Requirements—Time limits.
1.4K chars
(1) In every action brought against a construction professional, the claimant, including a construction professional asserting a claim against another construction professional, shall file with the court and serve on the defendant a list of known construction defects in accordanc…
RCW 64.50.040 Construction defect action brought by a board of directors—Notice.
3.9K chars
(1)(a) In the event the board of directors, pursuant to RCW 64.34.304(1)(d) or 64.38.020(4), institutes an action asserting defects in the construction of two or more residences, common elements, or common areas, this section shall apply. For purposes of this section, "action" ha…
RCW 64.50.050 Construction professional right to offer to cure defects—Notice to homeowner.
3.1K chars
(1) The construction professional shall provide notice to each homeowner upon entering into a contract for sale, construction, or substantial remodel of a residence, of the construction professional's right to offer to cure construction defects before a homeowner may commence lit…
RCW 64.50.060 Interpretation of chapter regarding certain relationships and rights.
0.5K chars
Nothing in this chapter shall be construed to hinder or otherwise affect the employment, agency, or contractual relationship between and among homeowners and construction professionals during the process of construction or remodeling and does not preclude the termination of those…
RCW 64.55.005 Application.
3.7K chars
(1)(a) RCW 64.55.010 through 64.55.090 apply to any multiunit residential building for which the permit for construction or rehabilitative construction of such building was issued on or after August 1, 2005.(b) RCW 64.55.010 and 64.55.090 apply to conversion condominiums as defin…
RCW 64.55.010 Definitions.
14.0K chars
Unless the context clearly requires otherwise, the definitions in *RCW 64.34.020 and in this section apply throughout this chapter.(1) "Attached dwelling unit" means any dwelling unit that is attached to another dwelling unit by a wall, floor, or ceiling that separates heated liv…
RCW 64.55.020 Building permit application—Submission of design documents.
2.0K chars
(1) Any person applying for a building permit for construction of a multiunit residential building or rehabilitative construction shall submit building enclosure design documents to the appropriate building department prior to the start of construction or rehabilitative construct…
RCW 64.55.030 Inspection required.
0.2K chars
All multiunit residential buildings shall have the building enclosure inspected by a qualified inspector during the course of initial construction and during rehabilitative construction.[ 2005 c 456 s 4.]
RCW 64.55.040 Inspectors—Qualifications.
1.1K chars
(1) A qualified building enclosure inspector:(a) Must be the architect or engineer of record or another person with substantial and verifiable training and experience in building enclosure design and construction;(b) Shall be free from improper interference or influence relating …
RCW 64.55.050 Scope of inspection—Definition.
1.6K chars
(1) Any inspection required by this chapter shall include, at a minimum, the following:(a) Water penetration resistance testing of a representative sample of windows and window installations. Such tests shall be conducted according to industry standards. Where appropriate, tests …
RCW 64.55.060 Certification—Certificate of occupancy.
0.8K chars
Upon completion of an inspection required by this chapter, the qualified inspector shall prepare and submit to the appropriate building department a signed letter certifying that the building enclosure has been inspected during the course of construction or rehabilitative constru…
RCW 64.55.070 Inspector, architect, and engineer—No private right of action or basis for liability against.
1.3K chars
(1) Nothing in this chapter and RCW 64.34.073, 64.34.100(2), 64.34.410 (1)(nn) and (2), and 64.34.415(1)(b) is intended to, or does:(a) Create a private right of action against any inspector, architect, or engineer based upon compliance or noncompliance with its provisions; or(b)…
RCW 64.55.080 Inspector's report or testimony—No evidentiary presumption—Admissibility.
0.4K chars
A qualified inspector's report or testimony regarding an inspection conducted pursuant to this chapter is not entitled to any evidentiary presumption in any arbitration or court proceeding. Nothing in this chapter restricts the admissibility of such a report or testimony, and que…
RCW 64.55.090 Sale of condominium unit subject to compliance—Inspection alternative.
5.6K chars
(1) Except for sales or other dispositions listed in RCW 64.34.400(2), no declarant may convey a condominium unit that may be occupied for residential use in a multiunit residential building without first complying with the requirements of RCW 64.55.005 through 64.55.080 unless t…
RCW 64.55.100 Arbitration—Election—Number of arbitrators—Qualifications—Trial de novo.
3.5K chars
(1) If the declarant, an association, or a party unit owner demands an arbitration by filing such demand with the court not less than thirty and not more than ninety days after filing or service of the complaint, whichever is later, the parties shall participate in a private arbi…
RCW 64.55.110 Case schedule plan—Deadlines.
1.0K chars
(1) Not less than sixty days after the later of filing or service of the complaint, the parties shall confer to create a proposed case schedule plan for submission to the court that includes the following deadlines:(a) Selection of a mediator;(b) Commencement of the mandatory med…
RCW 64.55.120 Mandatory mediation.
2.7K chars
(1) The parties to an action subject to this chapter and RCW 64.34.073, 64.34.100(2), 64.34.410 (1)(nn) and (2), and 64.34.415(1)(b) shall engage in mediation. Unless the parties agree otherwise, the mediation required by this section shall commence within seven months of the lat…
RCW 64.55.130 Appointment of neutral expert—Qualifications—Duties—Admissibility of report or testimony.
7.7K chars
(1) If, after meeting and conferring as required by RCW 64.55.120(2), disputed issues remain, a party may file a motion with the court, or arbitrator if an arbitrator has been appointed, requesting the appointment of a neutral expert to address any or all of the disputed issues. …
RCW 64.55.140 Payment of arbitrators, mediators, and neutral experts.
1.7K chars
(1) Where the building permit that authorized commencement of construction of a building was issued on or after August 1, 2005:(a)(i) If the action is referred to arbitration under RCW 64.55.100, the party who demands arbitration shall advance the fees of any arbitrator and any m…
RCW 64.55.150 Subcontractors and suppliers—When party to arbitration.
0.8K chars
Upon the demand of a party to an arbitration demanded under RCW 64.55.100, any subcontractor or supplier against whom such party has a legal claim and whose work or performance on the building in question becomes an issue in the arbitration may be joined in and become a party to …
RCW 64.55.160 Offers of judgment—Costs and fees.
3.9K chars
(1) On or before the 60th day following completion of the mediation pursuant to RCW 64.55.120(4) and following filing and service of the complaint, the declarant, association, or party unit owner may serve on an adverse party an offer to allow judgment to be entered. The offer of…
RCW 64.55.901 Effective date—2005 c 456.
0.1K chars
This act takes effect August 1, 2005.[ 2005 c 456 s 24.]
RCW 64.60.005 Findings.
0.9K chars
The legislature finds and declares that the public policy of this state favors the marketability of real property and the transferability of interests in real property free of title defects or unreasonable restraints on alienation. The legislature further finds and declares that …
RCW 64.60.010 Definitions.
11.2K chars
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Association" means: An association of apartment owners as defined in RCW 64.32.010; a unit owners' association as defined in RCW 64.34.020; a homeowners' association a…