Title 64, REAL PROPERTY AND CONVEYANCES

This chapter is intended as a unified coverage of its subject matter and no part of it must be construed to be impliedly repealed by subsequent legislation if that construction can reasonably be avoided. [ 2018 c 277 s 108.]

This chapter must be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it. [ 2018 c 277 s 109.]

(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 unc…

Every contract or duty governed under this chapter imposes an obligation of good faith in its performance or enforcement. [ 2018 c 277 s 112.]

The remedies provided under this chapter must 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 provi…

(1) From time to time the dollar amount specified in RCW 64.90.360(4), 64.90.530(2), and 64.90.640(2) must change, as provided in subsections (2) and (3) of this section, according to and to the extent of changes in the consumer price index for urban wage earners and clerical wor…

This chapter modifies, limits, and supersedes the federal electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede 15 U.S.C. Sec. 7001(c) or authorize electronic delivery of any of the notices described in 15…

Amendments to this chapter apply to all common interest communities subject to this chapter, regardless of when the amendments become effective. [ 2024 c 321 s 201; 2018 c 277 s 118.]

(1) Chapter 64.32 RCW does not apply to condominiums created on or after July 1, 1990, and except as otherwise provided in subsection (2) of this section, chapter 64.34 RCW does not apply to condominiums created on or after July 1, 2018. (2) RCW 64.34.405, 64.34.410, 64.34.415, 6…

(1) A plat community, miscellaneous community, or cooperative in which all the units are restricted exclusively to nonresidential use is not subject to this chapter except to the extent the declaration provides that: (a) This entire chapter applies to the community; (b) RCW 64.90…

This chapter does not apply to a common interest community located outside this state, but RCW 64.90.605 and 64.90.610, and, to the extent applicable, RCW 64.90.615 and 64.90.620, apply to a contract for the disposition of a unit in that common interest community signed in this s…

(1) An arrangement between the associations for two or more common interest communities to share the costs of real estate taxes, insurance premiums, services, maintenance or improvements of real estate, or other activities specified in their arrangement or declarations does not c…

An easement or covenant that requires the owners of separately owned parcels of real estate to share costs or other obligations associated with a party wall, driveway, well, or other similar use does not create a common interest community. [ 2018 c 277 s 124.]

(1)(a) A common interest community may be created under this chapter only by (i) recording a declaration executed in the same manner as a deed, and (ii) recording a map pursuant to RCW 64.90.245(3), and (iii) with respect to a cooperative, conveying the real estate subject to tha…

Upon the filing of a written request with the county office in which the declaration is to be recorded, using a form of written request as may be required by the county office and paying a fee as the county office may establish not in excess of fifty dollars, a person may reserve…

Except as provided by the declaration or, in the case of a plat community or miscellaneous community, by the map: (1)(a) If walls, floors, or ceilings are designated as boundaries of a unit, all lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, f…

(1) All provisions of the governing documents are severable. If any provision of a governing document, or its application to any person or circumstances, is held invalid, the remainder of the governing document or application to other persons or circumstances is not affected. (2)…

(1) In a condominium or a cooperative, a description of a unit that sets forth the name of the common interest community, the recording data for the declaration, the county and state in which the common interest community is located, and the identifying number of the unit is a le…

(1) The declaration must contain: (a) The names of the common interest community and the association and, immediately following the initial recital of the name of the community, a statement that the common interest community is a condominium, cooperative, plat community, or misce…

(1) Any lease the expiration or termination of which may terminate the common interest community or reduce its size, or a memorandum of the lease, must be recorded. Every lessor of these leases in a condominium, plat community, or miscellaneous community must sign the declaration…

(1) The declaration must allocate to each unit: (a) In a condominium, 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; (b) In a cooperative, an ownership interest in…

(1)(a) Except for the limited common elements described in RCW 64.90.210 (1)(b) and (3), the declaration must specify to which unit or units each limited common element is allocated. (b) An allocation of a limited common element may not be altered without the consent of the owner…

(1) A map is required for all common interest communities. For purposes of this chapter, a map must be construed as part of the declaration. (2) With the exception of subsections (1), (3), (4), and (14) of this section, this section does not apply to a plat as defined in RCW 58.1…

(1) To exercise any development right reserved under RCW 64.90.225(1)(g), the declarant must prepare, execute, and record any amendments to the declaration and map in accordance with the requirements of RCW 64.90.245 and 64.90.285(3). The declarant is the unit owner of any units …

Subject to the provisions of the governing documents and other provisions of law, a unit owner: (1) May make any improvements or alterations to the unit owner's unit that do not impair the structural integrity or mechanical or electrical systems or lessen the support of any porti…

(1) Subject to the provisions of the declaration, RCW 64.90.255, and other provisions of law, the boundaries between adjoining units may be relocated upon application to the board by the unit owners of those units and upon approval by the board pursuant to this section. The appli…

(1) Unless prohibited in the declaration, subject to the provisions of the declaration, RCW 64.90.255, and other provisions of law, a unit may be subdivided into two or more units upon application to the association by the unit owner of the unit and upon approval by the board pur…

(1) Except as provided in subsection (2) of this section, if the construction, reconstruction, or alteration of a building or the vertical or lateral movement of a building results in an encroachment due to a divergence between the existing physical boundaries of a unit and the b…

(1) A declarant may maintain sales offices, management offices, and models in units or on common elements in the common interest community only if the declaration so provides. In a cooperative or condominium, any sales office, management office, or model not designated a unit by …

(1) Subject to the declaration, a declarant has an easement through the common elements as may be reasonably necessary for the purpose of discharging the declarant's obligations or exercising special declarant rights, whether arising under this chapter or reserved in the declarat…

(1)(a) Except in cases of amendments that may be executed by: A declarant under subsection (9) of this section, RCW 64.90.240(2), 64.90.245(12), 64.90.250, or 64.90.415(2)(d); the association under RCW 64.90.030, 64.90.230(5), 64.90.260, 64.90.265, or 64.90.511 or subsection (10)…

(1) Except for a taking of all the units by condemnation, foreclosure against an entire cooperative of a security interest that has priority over the declaration, or in the circumstances described in RCW 64.90.325, a common interest community may be terminated only by agreement o…

(1) The declaration may require that all or a specified number or percentage of the lenders who hold security interests encumbering the units or who have extended credit to the association approve specified actions of the unit owners or the association as a condition to the effec…

(1) A declaration may: (a) Delegate a power under RCW 64.90.405 from the unit owners association to a master association; (b) Provide for exercise of the powers under RCW 64.90.405 by a master association that also serves as the unit owners association for the common interest com…

(1)(a) If the declaration provides that any of the powers described in RCW 64.90.405 are to be exercised by or may be delegated to a for-profit corporation or limited liability company that exercises those or other powers on behalf of unit owners owning less than all of the units…

(1) Any two or more common interest communities may be merged or consolidated under subsection (2) of this section into a single common interest community by agreement of the unit owners or exercise of a special declarant right. In the event of a merger or consolidation, unless t…

In a plat community or miscellaneous community, if the right is originally reserved in the declaration, the declarant, in addition to any other development right, may amend the declaration at any time during as many years as are specified in the declaration for adding additional …

(1) The declaration for a common interest community may state that it is a large scale community if the declarant has reserved the development right to create at least five hundred units that may be used for residential purposes and, at the time of the reservation, that declarant…

(1) If substantially all the units in a common interest community have been destroyed or abandoned or are uninhabitable and the available methods for giving notice under RCW 64.90.515 of a meeting of unit owners to consider termination under RCW 64.90.290 will not likely result i…

Declarations and governing documents of a common interest community 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 housin…

(1) Except declarations and governing documents of common interest communities created to protect public health and safety, and ground and surface waters from on-site wastewater, declarations and governing documents of common interest communities created after July 23, 2023, and …

(1) Except as provided otherwise in this section, RCW 64.90.365 and 64.90.375, this chapter applies to all common interest communities. (2) Before January 1, 2028, this chapter applies only to: (a) A common interest community created on or after July 1, 2018; and (b) A common int…

(1) Except for a plat community or miscellaneous community described in RCW 64.90.360(4) and a nonresidential or mixed-use common interest community described in RCW 64.90.100, the following sections apply to a common interest community created before July 1, 2018, and any incons…

(1) The declaration of any common interest community created before July 1, 2018, or of a plat community or miscellaneous community described in RCW 64.90.360(4) may be amended to: (a) Provide that all the sections listed in RCW 64.90.365(1) apply to the common interest community…

(1) Except as provided in subsection (2) of this section, if a common interest community created before July 1, 2018, becomes subject to this chapter on January 1, 2028, or earlier, a provision of its governing documents inconsistent with this chapter is invalid unless: (a) The p…

(1) A unit owners association must be organized no later than the date the first unit in the common interest community is conveyed to a purchaser. (2) The membership of the association at all times consists exclusively of all unit owners or, following termination of the common in…