Title 64 — Title 64 REAL PROPERTY AND CONVEYANCES
22 chapters · 521 sections in this title.
RCW 64.12.030 Injury to or removing trees, etc.—Damages.
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Whenever any person shall cut down, girdle, or otherwise injure, or carry off any tree, including a Christmas tree as defined in *RCW 76.48.020, timber, or shrub on the land of another person, or on the street or highway in front of any person's house, city or town lot, or cultiv…
RCW 64.12.035 Cutting or removing vegetation—Electric utility—Liability—Definitions.
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(1) An electric utility is immune from liability under RCW 64.12.030, 64.12.040, and 4.24.630 and any claims for general or special damages, including claims of emotional distress, for cutting or removing vegetation located on or originating from land or property adjacent to elec…
RCW 64.12.040 Mitigating circumstances—Damages.
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If upon trial of such action it shall appear that the trespass was casual or involuntary, or that the defendant had probable cause to believe that the land on which such trespass was committed was his or her own, or that of the person in whose service or by whose direction the ac…
RCW 64.12.050 Injunction to prevent waste on public land.
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When any two or more persons are opposing claimants under the laws of the United States to any land in this state, and one is threatening to commit upon such land waste which tends materially to lessen the value of the inheritance and which cannot be compensated by damages and th…
RCW 64.12.060 Action by occupant of unsurveyed land.
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Any person now occupying and settled upon, or who may hereafter occupy or settle upon any of the unsurveyed public lands not to exceed one hundred sixty acres in this territory, for the purpose of holding and cultivating the same, may commence and maintain any action, in any cour…
RCW 64.16.005 Aliens' rights and interests in lands same as native citizens'.
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*** CHANGE IN 2026 *** (SEE 2632.SL) ***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 o…
RCW 64.16.140 Certain titles confirmed.
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*** CHANGE IN 2026 *** (SEE 2632.SL) ***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 …
RCW 64.20.010 Puyallup Indians—Right of alienation.
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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 …
RCW 64.20.025 Puyallup Indians—Right of alienation—When effective.
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*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 s 3; no RRS.]Notes:Reviser's note: *(1) The language "this act" appears in 1890 p 501 s 3, which act …
RCW 64.20.030 Sale of land or materials authorized.
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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 …
RCW 64.28.010 Joint tenancies with right of survivorship authorized—Methods of creation—Creditors' rights saved.
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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 su…
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.
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(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 …
RCW 64.28.030 Bank deposits, choses in action, community property agreements not affected.
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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 26.1…
RCW 64.28.040 Character of joint tenancy interests held by both spouses or both domestic partners.
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(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 interes…
RCW 64.32.010 Definitions.
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As used in this chapter unless the context otherwise requires:(1) "Apartment" means a part of the property intended for any type of independent use, including one or more rooms or spaces located on one or more floors (or part or parts thereof) in a building, or if not in a buildi…
RCW 64.32.020 Application of chapter.
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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 s 2.]
RCW 64.32.030 Apartments and common areas declared real property.
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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 s 3.]
RCW 64.32.040 Ownership and possession of apartments and common areas.
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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 co…
RCW 64.32.050 Common areas and facilities.
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(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) Th…
RCW 64.32.060 Compliance with covenants, bylaws, and administrative rules and regulations.
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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 …
RCW 64.32.070 Liens or encumbrances—Enforcement—Satisfaction.
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(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 e…
RCW 64.32.080 Common profits and expenses.
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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 s 8.]
RCW 64.32.090 Contents of declaration.
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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 i…
RCW 64.32.100 Copy of survey map, building plans to be filed—Contents of plans.
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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 locati…
RCW 64.32.110 Ordinances, resolutions, or zoning laws—Construction.
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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 s…
RCW 64.32.120 Contents of deeds or other conveyances of apartments.
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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…
RCW 64.32.130 Mortgages, liens or encumbrances affecting an apartment at time of first conveyance.
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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 …
RCW 64.32.140 Recording.
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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.…
RCW 64.32.150 Removal of property from provisions of chapter.
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(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 d…
RCW 64.32.160 Removal of property from provisions of chapter—No bar to subsequent resubmission.
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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 s 16.]
RCW 64.32.170 Records and books—Requirements for retaining—Availability for examination—Audits.
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(1) An association of apartment owners 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 o…
RCW 64.32.180 Exemption from liability for contribution for common expenses prohibited.
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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 s 200; 1963 c 156 s 18.]
RCW 64.32.190 Separate assessments and taxation.
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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 le…
RCW 64.32.200 Assessments for common expenses—Enforcement of collection—Liens and foreclosures—Liability of mortgagee or purchaser—Notice of delinquency—Second notice.
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(1) The declaration may provide for the collection of all sums assessed by the association of apartment owners for the share of the common expenses chargeable to any apartment and the collection may be enforced in any manner provided in the declaration including, but not limited …
RCW 64.32.210 Conveyance—Liability of grantor and grantee for unpaid common expenses.
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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 ri…
RCW 64.32.220 Insurance.
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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…
RCW 64.32.230 Destruction or damage to all or part of property—Disposition.
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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 an…
RCW 64.32.240 Actions.
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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 res…
RCW 64.32.250 Application of chapter, declaration and bylaws—Conflict with other chapters.
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(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…
RCW 64.32.260 Applicability to common interest communities.
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(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 64.90.3…
RCW 64.32.270 Notice.
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(1) Notwithstanding any inconsistent provision in the governing documents, notice to the association of apartment owners, board of directors, or any apartment owner or occupant of an apartment under this chapter shall be in writing and shall be provided to the recipient by person…
RCW 64.32.280 Voting—In person, absentee ballots, proxies.
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(1) Apartment owners may vote at a meeting in person, by absentee ballot pursuant to subsection (3)(d) of this section, or by a proxy pursuant to subsection (5) of this section.(2) When a vote is conducted without a meeting, apartment owners may vote by ballot pursuant to subsect…
RCW 64.32.290 Electric vehicle charging stations.
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(1)(a) An association of apartment owners 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 elect…
RCW 64.32.300 Tenant screening.
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(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 info…
RCW 64.32.310 Licensed family home child care or licensed child day care center—Regulations—Liability.
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(1) An association of apartment owners 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 …
RCW 64.32.320 New declarations—Accessory dwelling units.
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(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 o…
RCW 64.32.330 New declaration minimum density.
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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 addition…
RCW 64.32.340 Occupancy limits.
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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, an associatio…
RCW 64.32.350 Heat pumps.
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(1)(a) An association of apartment owners 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 p…
RCW 64.32.355 Transit-oriented development restrictions.
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(1) A declaration created after July 27, 2025, and applicable to an association of apartment owners 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 developmen…