Revised Code of Washington - RCW Title 64 Real Property And Conveyances - Chapter 64.35 Condominiums -- Qualified Warranties

64.35.105 Definitions
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Affiliate" has the meaning in RCW 64.34.020. (2) "Association" ...

64.35.106 Qualified warrantees -- Application of RCW 48.01.040
All qualified warrantees shall be deemed to be "insurance" for purposes of RCW 48.01.040, and shall be regulated as such.[2004 c 201 § 2001.] ...

64.35.110 No duty to offer a qualified warranty -- Insurer sets terms -- Scope of inquiry -- Conditions
(1) No insurer is bound to offer a qualified warranty to any person. Except as specifically set forth in this section, the terms of any ...

64.35.115 Attorneys' fees
In any judicial proceeding or arbitration brought to enforce the terms of a qualified warranty, the court or arbitrator may award reasonable attorneys' fees to ...

64.35.120 Change of ownership -- Coverage transfers
(1) A qualified warranty pertains solely to the unit and common elements for which it provides coverage and no notice to the qualified insurer is ...

64.35.205 Qualified warranty -- Remedy and procedure -- Application of chapter 64.50 RCW
No declarant, affiliate of a declarant, or construction professional is liable to a unit owner or an association for damages awarded for repair of construction ...

64.35.210 Notice of qualified warranty -- History of claims
(1) Every public offering statement and resale certificate shall affirmatively state whether or not the unit and/or the common elements are covered by a qualified ...

64.35.305 Two-year materials and labor warranty -- Noncompliance with building code
(1) The minimum coverage for the two-year materials and labor warranty is: (a) In the first twelve months, for other than the common elements, (i) ...

64.35.310 Five-year building envelope warranty
The minimum coverage for the building envelope warranty is five years for defects in the building envelope of a condominium, including a defect which permits ...

64.35.315 Ten-year structural defects warranty
The minimum coverage for the structural defects warranty is ten years for: (1) Any defect in materials and labor that results in the failure of ...

64.35.320 Beginning dates for warranty coverage
(1) For the unit, the beginning date of the qualified warranty coverage is the earlier of: (a) Actual occupancy of the unit; or (b) Transfer ...

64.35.325 Beginning dates for warranty coverage -- Special cases -- Declarant control
(1) If an unsold unit is occupied as a rental unit, the qualified warranty beginning date for such unit is the date the unit is ...

64.35.330 Living expense allowance
(1) If repairs are required under the qualified warranty and damage to the unit, or the extent of the repairs renders the unit uninhabitable, the ...

64.35.335 Warranty on repairs and replacements
(1) All repairs and replacements made under a qualified warranty must be warranted by the qualified warranty against defects in materials and labor until the ...

64.35.405 Provisions a qualified insurer may include
A qualified insurer may include any of the following provisions in a qualified warranty: (1) If the qualified insurer makes a payment or assumes liability ...

64.35.410 Authorized exclusions -- General
(1) A qualified insurer may exclude from a qualified warranty: (a) Landscaping, both hard and soft, including plants, fencing, detached patios, planters not forming a ...

64.35.415 Authorized exclusions -- Defects
A qualified insurer may exclude any or all of the following items from a qualified warranty: (1) Weathering, normal wear and tear, deterioration, or deflection ...

64.35.420 Limits on amounts -- Calculation of costs -- Adjustments
(1) A qualified insurer may establish a monetary limit on the amount of the warranty. Any limit must not be less than: (a) For a ...

64.35.425 Prohibited policy provisions -- Exclusions
(1) A qualified insurer must not include in a qualified warranty any provision that requires an owner or the association: (a) To sign a release ...

64.35.505 Failure to provide information -- Conditions or exclusions may not apply
(1) If coverage under a qualified warranty is conditional on an owner undertaking proper maintenance, or if coverage is excluded for damage caused by negligence ...

64.35.510 Schedule of expiration dates must be provided
(1) A qualified insurer must, as soon as reasonably possible after the beginning date for the qualified warranty, provide an owner and association with a ...

64.35.515 Duty to mitigate may be required
(1) The qualified insurer may require an owner or association to mitigate any damage to a unit or the common elements, including damage caused by ...

64.35.520 Notice of claim -- Reasonable timeliness and detail -- Contents
(1) Within a reasonable time after the discovery of a defect and before the expiration of the applicable qualified warranty coverage, a claimant must give ...

64.35.525 Handling of claim -- Prompt response -- Procedures
A qualified insurer must, on receipt of a notice of a claim under a qualified warranty, promptly make reasonable attempts to contact the claimant to ...

64.35.605 Disputed claim -- Notice -- Mediation procedures -- Duties of parties
(1) If a dispute between a qualified insurer and a claimant arising under a qualified warranty cannot be resolved by informal negotiation within a reasonable ...

64.35.610 Disputed claim -- Notice -- Arbitration procedures -- Duties of parties
A qualified warranty may include mandatory binding arbitration of all disputes arising out of or in connection with a qualified warranty. The provision may provide ...

64.35.900 Captions not law -- 2004 c 201
Captions and part headings used in this act are not any part of the law.[2004 c 201 § 2002.] ...

64.35.901 Severability -- 2004 c 201
See RCW 64.34.921. ...