Revised Code of Washington - RCW Title 64 Real Property And Conveyances - Chapter 64.34 Condominium Act

64.34.005 Findings -- Intent -- 2004 c 201
(1) The legislature finds, declares, and determines that: (a) Washington's cities and counties under the growth management act are required to encourage urban growth in ...

64.34.010 Applicability
(1) This chapter applies to all condominiums created within this state after July 1, 1990. RCW 64.34.040 (separate titles and taxation), RCW 64.34.050 (applicability of ...

64.34.020 Definitions
In the declaration and bylaws, unless specifically provided otherwise or the context requires otherwise, and in this chapter: (1) "Affiliate" means any person who controls, ...

64.34.030 Variation by agreement
Except as expressly provided in this chapter, provisions of this chapter may not be varied by agreement, and rights conferred by this chapter may not ...

64.34.040 Separate interests -- Taxation
(1) If there is any unit owner other than a declarant, each unit that has been created, together with its interest in the common elements, ...

64.34.050 Local ordinances, regulations, and building codes -- Applicability
(1) A zoning, subdivision, building code, or other real property law, ordinance, or regulation may not prohibit the condominium form of ownership or impose any ...

64.34.060 Condemnation
(1) If a unit is acquired by condemnation, or if part of a unit is acquired by condemnation leaving the unit owner with a remnant ...

64.34.070 Law applicable -- General principles
The principles of law and equity, including the law of corporations and unincorporated associations, the law of real property, and the law relative to capacity ...

64.34.073 Application of chapter 64.55 RCW
Chapter 64.55 RCW includes requirements for: The inspection of the building enclosures of multiunit residential buildings, as defined in RCW 64.55.010, which includes condominiums and ...

64.34.080 Contracts -- Unconscionability
(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, ...

64.34.090 Obligation of good faith
Every contract or duty governed by this chapter imposes an obligation of good faith in its performance or enforcement.[1989 c 43 § 1-112.] ...

64.34.100 Remedies liberally administered
(1) The remedies provided by this chapter shall be liberally administered to the end that the aggrieved party is put in as good a position ...

64.34.200 Creation of condominium
(1) A condominium may be created pursuant to this chapter only by recording a declaration executed by the owner of the interest subject to this ...

64.34.202 Reservation of condominium name
Upon the filing of a written request with the county office in which the declaration is to be recorded, using such form of written request ...

64.34.204 Unit boundaries
Except as provided by the declaration: (1) The walls, floors, or ceilings are the boundaries of a unit, and all lath, furring, wallboard, plasterboard, plaster, ...

64.34.208 Declaration and bylaws -- Construction and validity
(1) All provisions of the declaration and bylaws are severable. (2) The rule against perpetuities may not be applied to defeat any provision of the ...

64.34.212 Description of units
A description of a unit which sets forth the name of the condominium, the recording number for the declaration, the county in which the condominium ...

64.34.216 Contents of declaration
(1) The declaration for a condominium must contain: (a) The name of the condominium, which must include the word "condominium" or be followed by the ...

64.34.220 Leasehold condominiums
(1) Any lease, the expiration or termination of which may terminate the condominium or reduce its size, or a memorandum thereof, shall be recorded. Every ...

64.34.224 Common element interests, votes, and expenses -- Allocation
(1) The declaration shall allocate a fraction or percentage of undivided interests in the common elements and in the common expenses of the association, and ...

64.34.228 Limited common elements
(1) Except for the limited common elements described in RCW 64.34.204 (2) and (4), the declaration shall specify to which unit or units each limited ...

64.34.232 Survey maps and plans
(1) A survey map and plans executed by the declarant shall be recorded simultaneously with, and contain cross-references by recording number to, the declaration and ...

64.34.236 Development rights
(1) To exercise any development right reserved under RCW 64.34.216(1)(j), the declarant shall prepare, execute, and record an amendment to the declaration under RCW 64.34.264, ...

64.34.240 Alterations of units
Subject to the provisions of the declaration and other provisions of law, a unit owner: (1) May make any improvements or alterations to the owner's ...

64.34.244 Relocation of boundaries -- Adjoining units
(1) Subject to the provisions of the declaration and other provisions of law, the boundaries between adjoining units may only be relocated by an amendment ...

64.34.248 Subdivision of units
(1) If the declaration permits, a unit may be subdivided into two or more units. Subject to the provisions of the declaration and other provisions ...

64.34.252 Monuments as boundaries
The physical boundaries of a unit constructed in substantial accordance with the original survey map and set of plans thereof become its boundaries rather than ...

64.34.256 Use by declarant
A declarant may maintain sales offices, management offices, and models in units or on common elements in the condominium only if the declaration so provides ...

64.34.260 Easement rights -- Common elements
Subject to the provisions of the declaration, a declarant has an easement through the common elements as may be reasonably necessary for the purpose of ...

64.34.264 Amendment of declaration
(1) Except in cases of amendments that may be executed by a declarant under RCW 64.34.232(6) or 64.34.236; the association under RCW 64.34.060, 64.34.220(5), 64.34.228(3), ...

64.34.268 Termination of condominium
(1) Except in the case of a taking of all the units by condemnation under RCW 64.34.060, a condominium may be terminated only by agreement ...

64.34.272 Rights of secured lenders
The declaration may require that all or a specified number or percentage of the holders of mortgages encumbering the units approve specified actions of the ...

64.34.276 Master associations
(1) If the declaration provides that any of the powers described in RCW 64.34.304 are to be exercised by or may be delegated to a ...

64.34.278 Delegation of power to subassociations
(1) If the declaration provides that any of the powers described in RCW 64.34.304 are to be exercised by or may be delegated to a ...

64.34.280 Merger or consolidation
(1) Any two or more condominiums, by agreement of the unit owners as provided in subsection (2) of this section, may be merged or consolidated ...

64.34.300 Unit owners' association -- Organization
A unit owners' association shall be organized no later than the date the first unit in the condominium is conveyed. The membership of the association ...

64.34.304 Unit owners' association -- Powers
(1) Except as provided in subsection (2) of this section, and subject to the provisions of the declaration, the association may: (a) Adopt and amend ...

64.34.308 Board of directors and officers
(1) Except as provided in the declaration, the bylaws, subsection (2) of this section, or other provisions of this chapter, the board of directors shall ...

64.34.312 Control of association -- Transfer
(1) Within sixty days after the termination of the period of declarant control provided in RCW 64.34.308(4) or, in the absence of such period, within ...

64.34.316 Special declarant rights -- Transfer
(1) No special declarant right, as described in *RCW 64.34.020(29), created or reserved under this chapter may be transferred except by an instrument evidencing the ...

64.34.320 Contracts and leases -- Declarant -- Termination
If entered into before the board of directors elected by the unit owners pursuant to RCW 64.34.308(6) takes office, (1) any management contract, employment contract, ...

64.34.324 Bylaws
(1) Unless provided for in the declaration, the bylaws of the association shall provide for: (a) The number, qualifications, powers and duties, terms of office, ...

64.34.328 Upkeep of condominium
(1) Except to the extent provided by the declaration, subsection (2) of this section, or RCW 64.34.352(7), the association is responsible for maintenance, repair, and ...

64.34.332 Meetings
A meeting of the association must be held at least once each year. Special meetings of the association may be called by the president, a ...

64.34.336 Quorums
(1) Unless the bylaws specify a larger percentage, a quorum is present throughout any meeting of the association if the owners of units to which ...

64.34.340 Voting -- Proxies
(1) If only one of the multiple owners of a unit is present at a meeting of the association or has delivered a written ballot ...

64.34.344 Tort and contract liability
Neither the association nor any unit owner except the declarant is liable for that declarant's torts in connection with any part of the condominium which ...

64.34.348 Common elements -- Conveyance -- Encumbrance
(1) Portions of the common elements which are not necessary for the habitability of a unit may be conveyed or subjected to a security interest ...

64.34.352 Insurance
(1) Commencing not later than the time of the first conveyance of a unit to a person other than a declarant, the association shall maintain, ...

64.34.354 Insurance -- Conveyance
Promptly upon the conveyance of a unit, the new unit owner shall notify the association of the date of the conveyance and the unit owner's ...

64.34.356 Surplus funds
Unless otherwise provided in the declaration, any surplus funds of the association remaining after payment of or provision for common expenses and any prepayment of ...

64.34.360 Common expenses -- Assessments
(1) Until the association makes a common expense assessment, the declarant shall pay all common expenses. After any assessment has been made by the association, ...

64.34.364 Lien for assessments
(1) The association has a lien on a unit for any unpaid assessments levied against a unit from the time the assessment is due. (2) ...

64.34.368 Liens -- General provisions
(1) Except as provided in subsection (2) of this section, a judgment for money against the association perfected under RCW 4.64.020 is a lien in ...

64.34.372 Association records -- Funds
(1) The association shall keep financial records sufficiently detailed to enable the association to comply with RCW 64.34.425. All financial and other records of the ...

64.34.376 Association as trustee
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 ...

64.34.380 Reserve account -- Reserve study -- Annual update
(1) An association is encouraged to establish a reserve account to fund major maintenance, repair, and replacement of common elements, including limited common elements that ...

64.34.382 Reserve study -- Contents
(1) A reserve study as described in RCW 64.34.380 is supplemental to the association's operating and maintenance budget. In preparing a reserve study, the association ...

64.34.384 Reserve account -- Withdrawals
An association may withdraw funds from its reserve account to pay for unforeseen or unbudgeted costs. The board of directors shall record any such withdrawal ...

64.34.386 Reserve study -- Demand by owners -- Study not timely prepared
(1) Where more than three years have passed since the date of the last reserve study prepared by a reserve study professional, the owners of ...

64.34.388 Reserve study -- Decision making
Subject to RCW 64.34.386, the decisions relating to the preparation and updating of a reserve study must be made by the board of directors of ...

64.34.390 Reserve study -- Reserve account -- Immunity from liability
Monetary damages or any other liability may not be awarded against or imposed upon the association, the officers or board of directors of the association, ...

64.34.400 Applicability -- Waiver
(1) This article applies to all units subject to this chapter, except as provided in subsection (2) of this section and unless and to the ...

64.34.405 Public offering statement -- Requirements -- Liability
(1) Except as provided in subsection (2) of this section or when no public offering statement is required, a declarant shall prepare a public offering ...

64.34.410 Public offering statement -- General provisions
(1) A public offering statement shall contain the following information: (a) The name and address of the condominium; (b) The name and address of the ...

64.34.415 Public offering statement -- Conversion condominiums
(1) The public offering statement of a conversion condominium shall contain, in addition to the information required by RCW 64.34.410: (a) Either a copy of ...

64.34.417 Public offering statement -- Use of single disclosure document
If a unit is offered for sale for which the delivery of a public offering statement or other disclosure document is required under the laws ...

64.34.418 Public offering statement -- Contract of sale -- Restriction on interest conveyed
In the case of a sale of a unit where delivery of a public offering statement is required, a contract of sale may be executed, ...

64.34.420 Purchaser's right to cancel
(1) A person required to deliver a public offering statement pursuant to RCW 64.34.405(3) shall provide a purchaser of a unit with a copy of ...

64.34.425 Resale of unit
(1) Except in the case of a sale where delivery of a public offering statement is required, or unless exempt under RCW 64.34.400(2), a unit ...

64.34.430 Escrow of deposits
Any deposit made in connection with the purchase or reservation of a unit from a person required to deliver a public offering statement pursuant to ...

64.34.435 Release of liens -- Conveyance
(1) At the time of the first conveyance of each unit, every mortgage, lien, or other encumbrance affecting that unit and any other unit or ...

64.34.440 Conversion condominiums -- Notice -- Tenants -- Relocation assistance
(1)(a) A declarant of a conversion condominium, and any dealer who intends to offer units in such a condominium, shall give each of the residential ...

64.34.442 Conversion condominium projects -- Report
(1) All cities and counties planning under RCW 36.70A.040, which have allowed any conversion condominiums within the jurisdiction within the previous twelve-month period, must report ...

64.34.443 Express warranties of quality
(1) Express warranties made by any seller to a purchaser of a unit, if relied upon by the purchaser, are created as follows: (a) Any ...

64.34.445 Implied warranties of quality -- Breach
(1) A declarant and any dealer warrants that a unit will be in at least as good condition at the earlier of the time of ...

64.34.450 Implied warranties of quality -- Exclusion -- Modification -- Disclaimer -- Express written warranty
(1) For units intended for nonresidential use, implied warranties of quality: (a) May be excluded or modified by written agreement of the parties; and (b) ...

64.34.452 Warranties of quality -- Breach -- Actions for construction defect claims
(1) A judicial proceeding for breach of any obligations arising under RCW 64.34.443, 64.34.445, and 64.34.450 must be commenced within four years after the cause ...

64.34.455 Effect of violations on rights of action -- Attorney's fees
If a declarant or any other person subject to this chapter fails to comply with any provision hereof or any provision of the declaration or ...

64.34.460 Labeling of promotional material
If any improvement contemplated in a condominium is labeled "NEED NOT BE BUILT" on a survey map or plan, or is to be located within ...

64.34.465 Improvements -- Declarant's duties
(1) The declarant shall complete all improvements labeled "MUST BE BUILT" on survey maps or plans prepared pursuant to RCW 64.34.232. (2) The declarant is ...

64.34.900 Short title
This chapter shall be known and may be cited as the Washington condominium act or the condominium act.[1989 c 43 § 1-101.] ...

64.34.910 Section captions
Section captions as used in this chapter do not constitute any part of the law.[1989 c 43 § 4-119.] ...

64.34.920 Severability -- 1989 c 43
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application ...

64.34.921 Severability -- 2004 c 201
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application ...

64.34.930 Effective date -- 1989 c 43
This act shall take effect July 1, 1990.[1989 c 43 § 4-124.] ...

64.34.931 Effective date -- 2004 c 201 §§ 1-13
Sections 1 through 13 of this act take effect July 1, 2004.[2004 c 201 § 14.] ...

64.34.940 Construction against implicit repeal
This chapter being a general act intended as a unified coverage of its subject matter, no part of it shall be construed to be impliedly ...

64.34.950 Uniformity of application and construction
This chapter shall be applied and construed so as to effectuate its general purpose to make uniform the law with respect to the subject of ...