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64.34.354 | Insurance—Conveyance.(Effective until January 1, 2028.) | 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 name and address. The association shall notify each insurance company that has issued an insurance policy to the association for the benefit of the owners under RCW 64.34.352 of the... |
64.34.356 | Surplus funds.(Effective until January 1, 2028.) | 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 reserves shall, in the discretion of the board of directors, either be paid to the unit owners in proportion to their common expense liabilities or credite... |
64.34.360 | Common expenses—Assessments.(Effective until January 1, 2028.) | (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, assessments must be made against all units, based on a budget adopted by the association. (2) Except for assessments under subsections (3), (4), and (5) of thi... |
64.34.364 | Lien for assessments—Notice of delinquency—Second notice.(Effective until January 1, 2026.) | (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) A lien under this section shall be prior to all other liens and encumbrances on a unit except: (a) Liens and encumbrances recorded before the recording of the declaration; (b) a mortgage on... |
64.34.368 | Liens—General provisions.(Effective until January 1, 2028.) | (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 favor of the judgment lienholder against all of the units in the condominium and their interest in the common elements at the time the judgment was entered. No other property ... |
64.34.372 | Association records—Funds—Requirements for retaining.(Effective until January 1, 2028.) | (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 association, including but not limited to checks, bank records, and invoices, are the property of the association. At least annually, the association sha... |
64.34.376 | Association as trustee.(Effective until January 1, 2028.) | 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 exercise by the association may be assumed without inquiry. A third person is not bound to inquire whether the association has power to act as trustee or is properly exe... |
64.34.380 | Reserve account—Reserve study—Annual update.(Effective until January 1, 2028.) | (1) An association is encouraged to establish a reserve account with a financial institution to fund major maintenance, repair, and replacement of common elements, including limited common elements that will require major maintenance, repair, or replacement within thirty years. If the association establishes a reserve ... |
64.34.382 | Reserve study—Contents.(Effective until January 1, 2028.) | (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 shall estimate the anticipated major maintenance, repair, and replacement costs, whose infrequent and significant nature make them impractical to be incl... |
64.34.384 | Reserve account—Withdrawals.(Effective until January 1, 2028.) | An association may withdraw funds from its reserve account to pay for unforeseen or unbudgeted costs that are unrelated to maintenance, repair, or replacement of the reserve components. The board of directors shall record any such withdrawal in the minute books of the association, cause notice of any such withdrawal to... |
64.34.386 | Reserve study—Demand by owners—Study not timely prepared.(Effective until January 1, 2028.) | (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 the units to which at least twenty percent of the votes are allocated may demand, in writing, to the association that the cost of a reserve study be included in the next budget an... |
64.34.388 | Reserve study—Decision making.(Effective until January 1, 2028.) | 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 the association in the exercise of the reasonable discretion of the board. Such decisions must include whether a reserve study will be prepared or updated, and whether the assis... |
64.34.390 | Reserve study—Reserve account—Immunity from liability.(Effective until January 1, 2028.) | 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, or those persons who may have provided advice or assistance to the association or its officers or directors, for failure to: Establish a reserve account; have a curr... |
64.34.392 | Reserve account and study—Exemption—Disclosure.(Effective until January 1, 2028.) | (1) Except as provided in RCW 64.90.080 and 64.90.545 , a condominium association with ten or fewer unit owners is not required to follow the requirements under RCW 64.34.380 through 64.34.390 if two-thirds of the owners agree to exempt the association from the requirements. (2) The unit owners must agree to maintain a... |
64.34.393 | Heat pumps.(Effective until January 1, 2026.) | (1)(a) A unit owners' association 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 of this... |
64.34.394 | Installation of drought resistant landscaping or wildfire ignition resistant landscaping.(Effective until January 1, 2028.) | (1) The declaration of a condominium and any bylaws, rules, and regulations adopted by the association may not prohibit the installation of drought resistant landscaping or wildfire ignition resistant landscaping. However, the declaration or bylaws, rules, and regulations may include reasonable rules regarding the plac... |
64.34.395 | Electric vehicle charging stations.(Effective until January 1, 2026.) | (1)(a) A unit owners' association 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 compliance with... |
64.34.396 | Notice.(Effective until January 1, 2028.) | (1) Notwithstanding any inconsistent provision in the governing documents, notice to the association, board of directors, or any owner or occupant of a unit under this chapter shall be in writing and shall be provided to the recipient by personal delivery, public or private mail or delivery service, or by electronic tr... |
64.34.397 | 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, a unit owners' association may: (a) Require any unit owner intending to lease the owner's unit to use a tenant screening service or obtain background information, including criminal history, on a prospective ten... |
64.34.398 | Licensed family home child care or licensed child day care center—Regulations—Liability.(Effective until January 1, 2028.) | (1) A unit owners' association 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 a unit as a licensed family home child care o... |
64.34.399 | 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, a unit owners' association may not adopt or enforce a... |
64.34.400 | Applicability—Waiver.(Effective until January 1, 2028.) | (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 extent otherwise agreed to in writing by the seller and purchasers of those units that are restricted to nonresidential use in the declaration. (2) This article shall not apply in th... |
64.34.405 | Public offering statement—Requirements—Liability.(Effective until January 1, 2028.) | (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 statement conforming to the requirements of RCW 64.34.410 and 64.34.415 . (2) A declarant may transfer responsibility for preparation of all or a part of the public offe... |
64.34.410 | Public offering statement—General provisions.(Effective until January 1, 2028.) | (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 declarant; (c) The name and address of the management company, if any; (d) The relationship of the management company to the declarant, if any; (e) A list of up to the fi... |
64.34.415 | Public offering statement—Conversion condominiums.(Effective until January 1, 2028.) | (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 a report prepared by an independent, licensed architect or engineer, or a statement by the declarant based on such report, which report or statement describes, to ... |
64.34.417 | Public offering statement—Use of single disclosure document.(Effective until January 1, 2028.) | 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 of any state or the United States, a single disclosure document conforming to the requirements of RCW 64.34.410 and 64.34.415 and conforming to any other requirement imposed under ... |
64.34.418 | Public offering statement—Contract of sale—Restriction on interest conveyed.(Effective until January 1, 2028.) | 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, but no interest in that unit may be conveyed until (1) the declaration and survey map and plans which create the condominium in which that unit is located are recorded pursuant to RCW 64.34.200... |
64.34.420 | Purchaser's right to cancel.(Effective until January 1, 2028.) | (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 the public offering statement and all material amendments thereto before conveyance of that unit. Unless a purchaser is given the public offering statement more than seven days b... |
64.34.425 | Resale of unit.(Effective until January 1, 2028.) | (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 owner shall furnish to a purchaser before execution of any contract for sale of a unit, or otherwise before conveyance, a resale certificate, signed by an officer or authorized ag... |
64.34.430 | Escrow of deposits.(Effective until January 1, 2028.) | 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 RCW 64.34.405 (3) shall be placed in escrow and held in this state in an escrow or trust account designated solely for that purpose by a licensed title insurance company, a... |
64.34.435 | Release of liens—Conveyance.(Effective until January 1, 2028.) | (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 units or real property, other than the percentage of undivided interest of that unit in the common elements, shall be paid and satisfied of record, or the unit being conveyed and it... |
64.34.440 | Conversion condominiums—Notice—Tenants—Relocation assistance.(Effective until January 1, 2028.) | (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 tenants and any residential subtenant in possession of a portion of a conversion condominium notice of the conversion and provide those persons with the public offering sta... |
64.34.442 | Conversion condominium projects—Report.(Effective until January 1, 2028.) | (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 annually to the department of commerce the following information: (a) The total number of apartment units converted into condominiums; (... |
64.34.443 | Express warranties of quality.(Effective until January 1, 2028.) | (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 written affirmation of fact or promise which relates to the unit, its use, or rights appurtenant thereto, area improvements to the condominium that would directly benefit the unit, or the... |
64.34.445 | Implied warranties of quality—Breach.(Effective until January 1, 2028.) | (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 the conveyance or delivery of possession as it was at the time of contracting, reasonable wear and tear and damage by casualty or condemnation excepted. (2) A declarant and any dealer impliedly warran... |
64.34.450 | Implied warranties of quality—Exclusion—Modification—Disclaimer—Express written warranty.(Effective until January 1, 2028.) | (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) Are excluded by written expression of disclaimer, such as "as is," "with all faults," or other language which in common understanding calls the buyer's attention to ... |
64.34.452 | Warranties of quality—Breach—Actions for construction defect claims.(Effective until January 1, 2028.) | (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 of action accrues: PROVIDED, That the period for commencing an action for a breach accruing pursuant to subsection (2)(b) of this section shall not expire p... |
64.34.455 | Effect of violations on rights of action—Attorney's fees.(Effective until January 1, 2028.) | 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 bylaws, any person or class of persons adversely affected by the failure to comply has a claim for appropriate relief. The court, in an appropriate case, may award reasonable attor... |
64.34.460 | Labeling of promotional material.(Effective until January 1, 2028.) | 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 a portion of the condominium with respect to which the declarant has reserved a development right, no promotional material may be displayed or delivered to prospective purchasers which des... |
64.34.465 | Improvements—Declarant's duties.(Effective until January 1, 2028.) | (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 subject to liability for the prompt repair and restoration, to a condition compatible with the remainder of the condominium, of any portion of the condominium damag... |
64.34.470 | Conversion condominium notice.(Effective until January 1, 2028.) | A declarant of a conversion condominium, and any dealer who intends to offer units in such a condominium, must provide a conversion condominium notice of the conversion to the Washington state housing finance commission no later than 120 days before the residential tenants and any residential subtenant in possession of... |
64.34.500 | Transit-oriented development restrictions.(Expires January 1, 2028.) | (1) A declaration created after July 27, 2025, and applicable to an association 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 cities under RCW 36.70A.... |
64.34.900 | Short title.(Effective until January 1, 2028.) | This chapter shall be known and may be cited as the Washington condominium act or the condominium act.
[1989 c 43 s 1-101.] |
64.34.910 | Section captions.(Effective until January 1, 2028.) | Section captions as used in this chapter do not constitute any part of the law.
[1989 c 43 s 4-119.] |
64.34.930 | Effective date—1989 c 43.(Effective until January 1, 2028.) | This act shall take effect July 1, 1990.
[1989 c 43 s 4-124.] |
64.34.931 | Effective date—2004 c 201 ss 1-13.(Effective until January 1, 2028.) | Sections 1 through 13 of this act take effect July 1, 2004.
[ 2004 c 201 s 14 .] |
64.34.940 | Construction against implicit repeal.(Effective until January 1, 2028.) | 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 repealed by subsequent legislation if that construction can reasonably be avoided.
[1989 c 43 s 1-109.] |
64.34.950 | Uniformity of application and construction.(Effective until January 1, 2028.) | 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 this chapter among states enacting it.
[1989 c 43 s 1-110.] |
64.35.105 | Definitions.(Effective until January 1, 2028.) | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Affiliate" has the meaning in RCW 64.90.010 . (2) "Association" has the meaning in RCW 64.90.010 . (3) "Building envelope" means the assemblies, components, and materials of a building that are intended to ... |
64.35.106 | Qualified warrantees—Application of RCW48.01.040. | 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 s 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 qualified warranty are set in the sole discretion of the qualified insurer. Without limiting the generality of this subsection, a qualified insurer may make inquiries about the applica... |
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 the substantially prevailing party. In no event may such fees exceed the reasonable hourly value of the attorney's work.
[ 2004 c 201 s 1701 .] |
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 required on a change of ownership. (2) All of the applicable unused benefits under a qualified warranty with respect to a unit are automatically transferred to any subsequent... |
64.35.205 | Qualified warranty—Remedy and procedure—Application of chapter64.50RCW. | 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 defects and resulting physical damage, and chapter 64.50 RCW shall not apply if: (1) Every unit is the subject of a qualified warranty; and (2) the association ... |
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 warranty, and shall provide to the best knowledge of the person preparing the public offering statement or resale certificate a history of claims under the w... |
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) coverage for any defect in materials and labor; and (ii) subject to subsection (2) of this section, coverage for a violation of the building code; (b) In the first fifteen m... |
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 unintended water penetration so that it causes, or is likely to cause, material damage to the unit or common elements.
[ 2004 c 201 s 402 .] |
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 a load-bearing part of the condominium; and (2) Any defect which causes structural damage that materially and adversely affects the use of the condominium for residential occup... |
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 of legal title to the unit. (2) For the common elements, the beginning date of a qualified warranty is the date a temporary or final certificate of occupancy is issued for the com... |
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 first occupied. (2) If the declarant subsequently offers to sell a unit which is rented, the declarant must disclose, in writing, to each prospective purchaser, the date on which the qualified... |
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 qualified warranty must cover reasonable living expenses incurred by the owner to live elsewhere in an amount commensurate with the nature of the unit. (2) If a qualified ins... |
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 later of: (a) The first anniversary of the date of completion of the repair or replacement; or (b) The expiration of the applicable qualified warranty coverage. (... |
64.35.405 | Provisions a qualified insurer may include.(Effective until January 1, 2028.) | 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 for any payment or repair under a qualified warranty, the owner and association must fully support and assist the qualified insurer in pursuing any rights that the q... |
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 part of the building envelope, gazebos, and similar structures; (b) Any commercial use area and any construction associated with a commercial use area; (... |
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 consistent with normal industry standards; (2) Normal shrinkage of materials caused by drying after construction; (3) Any loss or damage which arises while a un... |
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 unit, the lesser of (i) the original purchase price paid by the owner, or (ii) one hundred thousand dollars; (b) For common elements, the lesser of (i) the total original purchase price 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 before repairs are performed under the qualified warranty; or (b) To pay a deductible in excess of five hundred dollars for the repair of any defect in a unit covered by the qu... |
64.35.505 | Failure to provide information—Conditions or exclusions may not apply.(Effective until January 1, 2028.) | (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 by the owner or association with respect to maintenance or repair by the owner or association, the conditions or exclusions apply only to maintenance requireme... |
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 schedule of the expiration dates for coverages under the qualified warranty as applicable to the unit and the common elements, respectively. (2) The expiration date s... |
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 defects or water penetration, as set out in the qualified warranty. (2) Subject to subsection (3) of this section, for defects covered by the qualified warranty, the duty to ... |
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 to the qualified insurer and the declarant written notice in reasonable detail that provides particulars of any specific defects covered by the qualified warranty. (... |
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 arrange an evaluation of the claim. Claims shall be handled in accordance with the claims procedures set forth in rules by the insurance commissioner, and as follows: (1) ... |
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 time, the claimant or qualified insurer may require that the dispute be referred to mediation by delivering written notice to the other to mediate. (2) If a party... |
64.35.610 | Disputed claim—Notice—Arbitration procedures—Duties of parties.(Effective until January 1, 2028.) | 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 that all claims for a single condominium be heard by the same arbitrator, but shall not permit the joinder or consolidation of any other person or entity. T... |
64.36.010 | Definitions. | As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise. (1) "Advertisement" means any written, printed, audio, or visual communication which is published in whole or part to sell, offer to sell, or solicit an offer for a timeshare. (2) "Affiliate of a prom... |
64.36.020 | Registration required before advertisement, solicitation, or offer—Requirements for registration—Exemption authorized—Penalties. | (1) A timeshare offering registration must be effective before any advertisement, solicitation of an offer, or any offer or sale of a timeshare may be made in this state. (2) An applicant shall apply for registration by filing with the director: (a) A copy of the disclosure document prepared in accordance with RCW 64.3... |
64.36.025 | Timeshare interest reservation—Definition—Registration required—Promoter's obligations—Deposits—Escrow—Purchaser cancellation rights—Insolvency prior to completion. | (1) For the purpose of this section, "timeshare interest reservation" means a revocable right to purchase an interest in a timeshare project for which construction has not yet been completed and an effective registration has been obtained under this chapter. (2) An effective registration pursuant to this chapter is req... |
64.36.028 | Timeshare interest—Incomplete projects or facilities—Promoter's obligations—Funds—Purchaser's rights. | (1) An effective registration pursuant to this chapter is required for any party to offer to sell a timeshare interest. A promoter who offers to sell or sells revocable timeshare interests in incomplete projects or facilities is limited by and must comply with all of the requirements of RCW 64.36.025 . If a promoter se... |
64.36.030 | Application for registration—Contents. | The application for registration signed by the promoter shall contain the following information on a form prescribed by the director: (1) The following financial statements showing the financial condition of the promoter and any affiliate: (a) A balance sheet as of a date within four months before the filing of the app... |
64.36.035 | Applications for registration, consents to service, affidavits, and permits to market—Authorized signatures required—Corporate shield disclaimer prohibited. | (1) Applications, consents to service of process, affidavits, and permits to market shall be signed by the promoter, unless a trustee or person with power of attorney is specifically authorized to make such signatures. If the signature of a person with a power of attorney or trustee is used, the filing of the signature... |
64.36.040 | Application for registration—When effective. | If no stop order is in effect and no proceeding is pending under RCW 64.36.100 , a complete registration application becomes effective at 3:00 p.m. Pacific Standard Time on the afternoon of the thirtieth calendar day after the filing of the application or the last amendment or at such earlier time as the director deter... |
64.36.050 | Timeshare offering—Duration of registration—Renewal—Amendment—Penalties. | (1) A timeshare offering is registered for a period of one year from the effective date of registration unless the director specifies a different period. (2) Registration of a timeshare offering may be renewed for additional periods of one year each, unless the director by rule specifies a different period, by filing a... |
64.36.060 | Application for registration—Acceptance of disclosure documents—Waiver of information—Additional information. | (1) In lieu of the documents required to be filed under RCW 64.36.030 , the director may by rule accept: (a) Any disclosure document filed with agencies of the United States or any other state; (b) Any disclosure document compiled in accordance with any rule of any agency of the United States or any other state; or (c)... |
64.36.070 | Registration as timeshare salesperson required—Exemption. | Any individual offering timeshare units or timeshare interest reservations for the individual's own account or for the account of others shall be registered as a timeshare salesperson unless the timeshare offering is exempt from registration under RCW 64.36.020 . Registration may be obtained by filing an application wi... |
64.36.081 | Fees. | (1) Applicants or registrants under this chapter shall pay fees determined by the director as provided in RCW 43.24.086 . These fees shall be prepaid and the director may establish fees for the following: (a) Processing an original application for registration of a timeshare offering, along with an additional fee for e... |
64.36.085 | Inspections of projects—Identification of inspectors. | (1) The director may require inspections of projects registered under this chapter and promoters and their agents shall cooperate by permitting staff of the department to conduct the inspections. (2) The director may perform "spot checks" or inspections of sales offices, during tours or sales presentations or normal bu... |
64.36.090 | Disciplinary action against a timeshare salesperson's application, registration, or license—Unprofessional conduct. | The director may take disciplinary action against a timeshare salesperson's registration or application for registration or a salesperson's license under chapter 18.85 RCW who is selling under this chapter, if the director finds that the applicant or registrant has committed unprofessional conduct as described in RCW 1... |
64.36.100 | Disciplinary action—Unprofessional conduct—Other conduct, acts, or conditions. | The director may deny or take disciplinary action against any timeshare application or registration if the director finds that the applicant or registrant has engaged in unprofessional conduct as described in RCW 18.235.130 . In addition, the director may deny or take disciplinary action based on the following conduct,... |
64.36.110 | Requirements of transfer of promoter's interest—Notice to purchaser. | A promoter shall not sell, lease, assign, or otherwise transfer the promoter's interest in the timeshare program unless the transferee agrees in writing to honor the timeshare purchaser's right to use and occupy the timeshare unit, honor the purchaser's right to cancel, and comply with this chapter. In the event of a t... |
64.36.120 | Good faith required—Provision relieving person from duty prohibited—Out-of-state jurisdiction or venue designation void. | (1) The parties to a timeshare agreement shall deal with each other in good faith. (2) A timeshare promoter shall not require any timeshare purchaser to agree to a release, assignment, novation, waiver, or any other provision which relieves any person from a duty imposed by this chapter. (3) Any provision in a timeshar... |
64.36.130 | Impoundment of proceeds from sales authorized—Establishment of trusts, escrows, etc. | (1) The director may by rule require as a condition of registration under this chapter that the proceeds from the sale of the timeshares be impounded until the promoter receives an amount established by the director. The director may by rule determine the conditions of any impoundment required under this section, inclu... |
64.36.140 | Disclosure document—Contents. | Any person who offers or sells a timeshare shall provide the prospective purchaser a written disclosure document before the prospective purchaser signs an agreement for the purchase of a timeshare. The timeshare salesperson shall date and sign the disclosure document. The disclosure document shall include: (1) The offi... |
64.36.150 | Disclosure document to prospective purchasers—Cancellation and refund—Voidable agreement. | The promoter or any person offering timeshare interest shall provide a prospective purchaser with a copy of the disclosure document described in RCW 64.36.140 before the execution of any agreement for the purchase of a timeshare. A purchaser may, for seven days following execution of an agreement to purchase a timeshar... |
64.36.160 | Application of liability provisions. | No provision of this chapter imposing any liability applies to any act or omission in good faith in conformity with any rule, form, or order of the director, notwithstanding that the rule, form, or order may later be amended or rescinded or determined by judicial or other authority to be invalid for any reason.
[ 1983 ... |
64.36.170 | Noncompliance—Unfair practice under chapter19.86RCW. | Any failure to comply with this chapter constitutes an unfair and deceptive trade practice under chapter 19.86 RCW.
[ 1983 1st ex.s. c 22 s 16 .] |
64.36.185 | Director's powers—Employment of outside persons for advice on project operating budget—Reimbursement by promoter—Notice and hearing. | (1) If it appears that the operating budget of a project fails to adequately provide for funding of reserve accounts, the director may employ outside professionals or consultants to provide advice or to develop an alternative budget. The promoter shall pay or reimburse the department for the costs incurred for such pro... |
64.36.195 | Assurances of discontinuance—Violation of assurance constitutes unprofessional conduct. | The director or persons to whom the director delegates such powers may enter into assurances of discontinuance in lieu of issuing a statement of charges or a cease and desist order or conducting a hearing under this chapter. The assurances shall consist of a statement of the law in question and an agreement to not viol... |
64.36.200 | Cease and desist order—Notification—Hearing. | (1) The director may order any person to cease and desist from an act or practice if it appears that the person is violating or is about to violate any provision of this chapter or any rule or order issued under this chapter. (2) Upon the entry of the temporary order to cease and desist, the director shall promptly not... |
64.36.210 | Unlawful acts—Penalties. | (1) It is unlawful for any person in connection with the offer, sale, or lease of any timeshare in the state: (a) To make any untrue or misleading statement of a material fact, or to omit a material fact; (b) To employ any device, scheme, or artifice to defraud; (c) To engage in any act, practice, or course of business... |
64.36.220 | Injunction, restraining order, writ of mandamus—Costs and attorney's fees—Penalties—Appointment of receiver or conservator. | (1) The attorney general, in the name of the state or the director, may bring an action to enjoin any person from violating any provision of this chapter. Upon a proper showing, the superior court shall grant a permanent or temporary injunction, restraining order, or writ of mandamus. The court may make any additional ... |
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