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64.16.005 | Aliens' rights and interests in lands same as native citizens'. | *** 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 or her heirs, and in all cases such lan... |
64.16.140 | Certain titles confirmed. | *** 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 act, are hereby confirmed to the respe... |
64.20.010 | Puyallup Indians—Right of alienation. | 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 like effect as any other person may do u... |
64.20.025 | Puyallup Indians—Right of alienation—When effective. | *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.]
Reviser's note: *(1) The language "this act" appears in 1890 p 501 s 3, which act is codified herein as RCW 64.20.010 through... |
64.20.030 | Sale of land or materials authorized. | 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 acknowledgments to deeds within this sta... |
64.28.010 | Joint tenancies with right of survivorship authorized—Methods of creation—Creditors' rights saved. | 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 survivorship and severability as at common... |
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. | (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 executors or trustees. (2) Interests in... |
64.28.030 | Bank deposits, choses in action, community property agreements not affected. | 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 26.16.120 .
[ 2008 c 6 s 627 ; 1961 c 2 s 3 ... |
64.28.040 | Character of joint tenancy interests held by both spouses or both domestic partners. | (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 interest passes to the survivor of the spouse o... |
64.32.010 | Definitions.(Effective until January 1, 2028.) | 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 building, a separately delineated place of st... |
64.32.020 | Application of chapter.(Effective until January 1, 2028.) | 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 .] |
64.32.030 | Apartments and common areas declared real property.(Effective until January 1, 2028.) | 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 .] |
64.32.040 | Ownership and possession of apartments and common areas.(Effective until January 1, 2028.) | 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 common areas and facilities.
[ 2012 c 117 ... |
64.32.050 | Common areas and facilities.(Effective until January 1, 2028.) | (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) The percentage of the undivided interest ... |
64.32.060 | Compliance with covenants, bylaws, and administrative rules and regulations.(Effective until January 1, 2028.) | 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 deed to his or her apartment. Failure to... |
64.32.070 | Liens or encumbrances—Enforcement—Satisfaction.(Effective until January 1, 2028.) | (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 each apartment and the percentage of undi... |
64.32.080 | Common profits and expenses.(Effective until January 1, 2028.) | 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 .] |
64.32.090 | Contents of declaration.(Effective until January 1, 2028.) | 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 it is or is to be constructed; (3) The ... |
64.32.100 | Copy of survey map, building plans to be filed—Contents of plans.(Effective until January 1, 2028.) | 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 location of the building or buildings thereon.... |
64.32.110 | Ordinances, resolutions, or zoning laws—Construction.(Effective until January 1, 2028.) | 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 11 .] |
64.32.120 | Contents of deeds or other conveyances of apartments.(Effective until January 1, 2028.) | 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's recording number of the recorded de... |
64.32.130 | Mortgages, liens or encumbrances affecting an apartment at time of first conveyance.(Effective until January 1, 2028.) | 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 being conveyed and its percentage of und... |
64.32.140 | Recording.(Effective until January 1, 2028.) | 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. Neither the declaration nor any amendme... |
64.32.150 | Removal of property from provisions of chapter.(Effective until January 1, 2028.) | (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 duly recorded, that their mortgages and l... |
64.32.160 | Removal of property from provisions of chapter—No bar to subsequent resubmission.(Effective until January 1, 2028.) | 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 .] |
64.32.170 | Records and books—Requirements for retaining—Availability for examination—Audits.(Effective until January 1, 2028.) | (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 of all meetings of its apartment owners... |
64.32.180 | Exemption from liability for contribution for common expenses prohibited.(Effective until January 1, 2028.) | 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 .] |
64.32.190 | Separate assessments and taxation.(Effective until January 1, 2028.) | 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 levies and special assessments. Neither th... |
64.32.200 | Assessments for common expenses—Enforcement of collection—Liens and foreclosures—Liability of mortgagee or purchaser—Notice of delinquency—Second notice.(Effective until January 1, 2026.) | (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 to, (a) 10 days notice shall be given th... |
64.32.210 | Conveyance—Liability of grantor and grantee for unpaid common expenses.(Effective until January 1, 2028.) | 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 right to recover from the grantor the amou... |
64.32.220 | Insurance.(Effective until January 1, 2028.) | 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 other hazards under such terms and for ... |
64.32.230 | Destruction or damage to all or part of property—Disposition.(Effective until January 1, 2028.) | 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 and in that event: (1) The property shall ... |
64.32.240 | Actions.(Effective until January 1, 2028.) | 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 respective interests may appear, with respe... |
64.32.250 | Application of chapter, declaration and bylaws—Conflict with other chapters.(Effective until January 1, 2028.) | (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 of the association of apartment owners ... |
64.32.260 | Applicability to common interest communities.(Effective until January 1, 2026.) | (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 64.90.370 . (2) Pursuant to RCW 64.90.365 , ... |
64.32.270 | Notice.(Effective until January 1, 2028.) | (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 personal delivery, public or private mail or d... |
64.32.280 | Voting—In person, absentee ballots, proxies.(Effective until January 1, 2028.) | (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 subsection (6) of this section. (3) At a meeti... |
64.32.290 | Electric vehicle charging stations.(Effective until January 1, 2026.) | (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 electric vehicle charging station in complia... |
64.32.300 | Tenant screening.(Effective until January 1, 2028.) | (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 information, including criminal history, on... |
64.32.310 | Licensed family home child care or licensed child day care center—Regulations—Liability.(Effective until January 1, 2028.) | (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 of an apartment as a licensed family hom... |
64.32.320 | New declarations—Accessory dwelling units.(Effective until January 1, 2028.) | (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 on the construction, development, or use ... |
64.32.330 | New declaration minimum density.(Effective until January 1, 2028.) | 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 additional housing units as required in RCW 36.7... |
64.32.340 | Occupancy limits.(Expires January 1, 2028.) | 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 association of apartment owners may not adopt or e... |
64.32.350 | Heat pumps.(Effective until January 1, 2026.) | (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 pump in compliance with the requirements... |
64.32.355 | Transit-oriented development restrictions.(Expires January 1, 2028.) | (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 development density that must be permitted by citi... |
64.32.900 | Short title.(Effective until January 1, 2028.) | This chapter shall be known as the horizontal property regimes act.
[ 1963 c 156 s 26 .] |
64.32.910 | Construction of term "this chapter."(Effective until January 1, 2028.) | The term "this chapter" means RCW 64.32.010 through 64.32.250 and 64.32.900 through 64.32.920 , and as they may hereafter be amended or supplemented by subsequent legislation.
[ 1963 c 156 s 27 .] |
64.32.920 | Severability—1963 c 156.(Effective until January 1, 2028.) | If any provision of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the application of the provisions to other persons or circumstances is not affected.
[ 1963 c 156 s 28 .] |
64.34.005 | Findings—Intent—2004 c 201.(Effective until January 1, 2028.) | (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 urban growth areas at densities that accommodate twenty-year growth projections; (b) The growth management act's planning goals include encouraging the... |
64.34.010 | Applicability.(Effective until January 1, 2028.) | (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 local ordinances, regulations, and building codes), RCW 64.34.060 (condemnation), RCW 64.34.208 (construction and validity of declaration and bylaws), ... |
64.34.020 | Definitions.(Effective until January 1, 2028.) | 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, is controlled by, or is under common control with the referenced person. A person "controls" another person if the person: (a) Is a general partner... |
64.34.030 | Variation by agreement.(Effective until January 1, 2028.) | 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 be waived. A declarant may not act under a power of attorney or use any other device to evade the limitations or prohibitions of this chapter or the declaration.
[1989 c ... |
64.34.040 | Separate interests—Taxation.(Effective until January 1, 2028.) | (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, constitutes for all purposes a separate parcel of real property. (2) If there is any unit owner other than a declarant, each unit together with its interest in the common elements m... |
64.34.050 | Local ordinances, regulations, and building codes—Applicability.(Effective until January 1, 2028.) | (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 requirement upon a condominium which it would not impose upon a physically identical development under a different form of ownership. Otherwise, no provision of... |
64.34.060 | Condemnation.(Effective until January 1, 2028.) | (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 of a unit which may not practically or lawfully be used for any purpose permitted by the declaration, the award must compensate the unit owner for the owner's unit and its appurtenant intere... |
64.34.070 | Law applicable—General principles.(Effective until January 1, 2028.) | 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 to contract, principal and agent, condemnation, estoppel, fraud, misrepresentation, duress, coercion, mistake, receivership, substantial performance, or other v... |
64.34.073 | Application of chapter64.55RCW.(Effective until January 1, 2028.) | 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 conversion condominiums; for provision of inspection and repair reports; and for the resolution of implied or express warranty disputes... |
64.34.076 | Application to common interest communities.(Effective until January 1, 2026.) | (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 64.90.370 . (2) Pursuant to RCW 64.90.365 , ... |
64.34.080 | Contracts—Unconscionability.(Effective until January 1, 2028.) | (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 unconscionable clause in order to avoid an ... |
64.34.090 | Obligation of good faith.(Effective until January 1, 2028.) | Every contract or duty governed by this chapter imposes an obligation of good faith in its performance or enforcement.
[1989 c 43 s 1-112.] |
64.34.100 | Remedies liberally administered.(Effective until January 1, 2028.) | (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 as if the other party had fully performed. However, consequential, special, or punitive damages may not be awarded except as specifically provided in this chapter or by other rule o... |
64.34.110 | New declaration minimum density.(Effective until January 1, 2028.) | A declaration created after July 23, 2023, and applicable to an area within 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 additional housing units as required in RCW 36.70A.635 .
[ 2023 c 332 s 10 .]
Finding — 2023 c... |
64.34.120 | New declaration—Accessory dwelling units.(Effective until January 1, 2028.) | (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 on the construction, development, or use ... |
64.34.200 | Creation of condominium.(Effective until January 1, 2028.) | (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 chapter in the same manner as a deed and by simultaneously recording a survey map and plans pursuant to RCW 64.34.232 . The declaration and survey map and plans must be recorde... |
64.34.202 | Reservation of condominium name.(Effective until January 1, 2028.) | 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 as may be required by the county office and paying such fee as the county office may establish not in excess of fifty dollars, a person may reserve the exclusive right to use a part... |
64.34.204 | Unit boundaries.(Effective until January 1, 2028.) | 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, paneling, tiles, wallpaper, paint, finished flooring, and any other materials constituting any part of the finished surfaces thereof are a part of the unit, an... |
64.34.208 | Declaration and bylaws—Construction and validity.(Effective until January 1, 2028.) | (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 declaration, bylaws, rules, or regulations adopted pursuant to RCW 64.34.304 (1)(a). (3) In the event of a conflict between the provisions of the declaration and the bylaws... |
64.34.212 | Description of units.(Effective until January 1, 2028.) | 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 is located, and the identifying number of the unit is a sufficient legal description of that unit and all rights, obligations, and interests appurtenant to that unit which ... |
64.34.216 | Contents of declaration.(Effective until January 1, 2028.) | (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 words "a condominium," and the name of the association; (b) A legal description of the real property included in the condominium; (c) A statement of the number of units wh... |
64.34.220 | Leasehold condominiums.(Effective until January 1, 2028.) | (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 lessor of those leases must sign the declaration, and the declaration shall state: (a) The recording number of the lease or a statement of where the complete lease ma... |
64.34.224 | Common element interests, votes, and expenses—Allocation.(Effective until January 1, 2028.) | (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 a portion of the votes in the association, to each unit and state the formulas or methods used to establish those allocations. Those allocations may not discrimina... |
64.34.228 | Limited common elements.(Effective until January 1, 2028.) | (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 common element is allocated. (2) Except in the case of a reallocation being made by a declarant pursuant to a development right reserved in the declaration, a limited comm... |
64.34.232 | Survey maps and plans.(Effective until January 1, 2028.) | (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 any amendments. The survey map and plans must be clear and legible and contain a certification by the person making the survey or the plans that all inform... |
64.34.236 | Development rights.(Effective until January 1, 2028.) | (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 , and comply with RCW 64.34.232 . The declarant is the unit owner of any units thereby created. The amendment to the declaration shall assign an... |
64.34.240 | Alterations of units.(Effective until January 1, 2028.) | 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 unit that do not affect the structural integrity or mechanical or electrical systems or lessen the support of any portion of the condominium; (2) May not change the appeara... |
64.34.244 | Relocation of boundaries—Adjoining units.(Effective until January 1, 2028.) | (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 to the declaration upon application to the association by the owners of those units. If the owners of the adjoining units have specified a reallocation between their... |
64.34.248 | Subdivision of units.(Effective until January 1, 2028.) | (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 of law, upon application of a unit owner to subdivide a unit, the association shall prepare, execute, and record an amendment to the declaration, including survey maps and p... |
64.34.252 | Monuments as boundaries.(Effective until January 1, 2028.) | 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 the metes and bounds expressed in the survey map or plans, regardless of settling or lateral movement of the building or minor variance between boundaries shown... |
64.34.256 | Use by declarant.(Effective until January 1, 2028.) | 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 and specifies the rights of a declarant with regard to the number, location, and relocation thereof. Any sales office, management office, or model not designated a... |
64.34.260 | Easement rights—Common elements.(Effective until January 1, 2028.) | 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 discharging a declarant's obligations or exercising special declarant rights, whether arising under this chapter or reserved in the declaration.
[1989 c 43 s 2-116.] |
64.34.264 | Amendment of declaration.(Effective until January 1, 2028.) | (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), 64.34.244 (1), 64.34.248 , or 64.34.268 (8); or certain unit owners under RCW 64.34.228 (2), 64.34.244 (1), 64.34.248 (2), or 64.34.268 (2), an... |
64.34.268 | Termination of condominium.(Effective until January 1, 2028.) | (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 of unit owners of units to which at least eighty percent of the votes in the association are allocated, or any larger percentage the declaration specifies: PROVIDED, That the decla... |
64.34.272 | Rights of secured lenders.(Effective until January 1, 2028.) | 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 unit owners or the association as a condition to the effectiveness of those actions, but no requirement for approval may operate to (1) deny or delegate control ove... |
64.34.276 | Master associations.(Effective until January 1, 2028.) | (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 profit or nonprofit corporation which exercises those or other powers on behalf of a development consisting of one or more condominiums or for the benefit of the unit owners of one or more c... |
64.34.278 | Delegation of power to subassociations.(Effective until January 1, 2028.) | (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 profit or nonprofit corporation that exercises those or other powers on behalf of unit owners owning less than all of the units in a condominium, and where those unit owners share the exclus... |
64.34.280 | Merger or consolidation.(Effective until January 1, 2028.) | (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 into a single condominium. In the event of a merger or consolidation, unless the agreement otherwise provides, the resultant condominium is, for all purposes, the legal successo... |
64.34.300 | Unit owners' association—Organization.(Effective until January 1, 2028.) | 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 at all times shall consist exclusively of all the unit owners. Following termination of the condominium, the membership of the association shall consist of all of the uni... |
64.34.304 | Unit owners' association—Powers.(Effective until January 1, 2028.) | (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 bylaws, rules, and regulations; (b) Adopt and amend budgets for revenues, expenditures, and reserves, and impose and collect assessments for common expenses from unit owne... |
64.34.308 | Board of directors and officers.(Effective until January 1, 2028.) | (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 act in all instances on behalf of the association. In the performance of their duties, the officers and members of the board of directors are required to exercise: (a)... |
64.34.312 | Control of association—Transfer.(Effective until January 1, 2028.) | (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 sixty days after the first conveyance of a unit in the condominium, the declarant shall deliver to the association all property of the unit owners and of the associatio... |
64.34.316 | Special declarant rights—Transfer.(Effective until January 1, 2028.) | (1) No special declarant right, as described in RCW 64.34.020 (40), created or reserved under this chapter may be transferred except by an instrument evidencing the transfer executed by the declarant or the declarant's successor and the transferee is recorded in every county in which any portion of the condominium is l... |
64.34.320 | Contracts and leases—Declarant—Termination.(Effective until January 1, 2028.) | 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, or lease of recreational or parking areas or facilities, (2) any other contract or lease between the association and a declarant or an affiliate of a de... |
64.34.324 | Bylaws.(Effective until January 1, 2028.) | (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, and manner of electing and removing the board of directors and officers and filling vacancies; (b) Election by the board of directors of such officers of the a... |
64.34.328 | Upkeep of condominium.(Effective until January 1, 2028.) | (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 replacement of the common elements, including the limited common elements, and each unit owner is responsible for maintenance, repair, and replacement o... |
64.34.332 | Meetings.(Effective until January 1, 2026.) | (1) 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 majority of the board of directors, or by unit owners having twenty percent or any lower percentage specified in the declaration or bylaws of the votes in the association. Not les... |
64.34.336 | Quorums.(Effective until January 1, 2028.) | (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 twenty-five percent of the votes of the association are allocated are present in person or by proxy at the beginning of the meeting. (2) Unless the bylaws specify a larger per... |
64.34.340 | Voting—In person, absentee ballots, proxies.(Effective until January 1, 2028.) | (1) Unit 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, unit owners may vote by ballot pursuant to subsection (6) of this section. (3) At a meeting of unit... |
64.34.344 | Tort and contract liability.(Effective until January 1, 2028.) | 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 that declarant has the responsibility to maintain. Otherwise, an action alleging a wrong done by the association must be brought against the association and not again... |
64.34.348 | Common elements—Conveyance—Encumbrance.(Effective until January 1, 2028.) | (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 by the association if the owners of units to which at least eighty percent of the votes in the association are allocated, including eighty percent of the votes allocated to unit... |
64.34.352 | Insurance.(Effective until January 1, 2028.) | (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, to the extent reasonably available: (a) Property insurance on the condominium, which may, but need not, include equipment, improvements, and betterments in a unit installed by the... |
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