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. ...
Last modified: April 7, 2009