rcw_number stringlengths 8 12 | title stringlengths 4 590 | text stringlengths 17 193k |
|---|---|---|
64.36.225 | Liability of registrant or applicant for costs of proceedings. | A registrant or applicant against whom an administrative or legal proceeding authorized under this chapter has been filed, shall be liable for and reimburse to the state of Washington by payment into the business and professions account created in RCW 43.24.150 , all administrative and legal costs, including attorneys'... |
64.36.240 | Liability for violation of chapter. | Any person who offers, sells, or materially aids in such offer or sale of a timeshare in violation of this chapter is liable to the person buying the timeshare who may sue either at law or in equity to recover the consideration paid for the timeshare, together with interest at ten percent per annum from date of payment... |
64.36.250 | Appointment of director to receive service—Requirements for effective service. | Every applicant for registration under this chapter shall file with the director, in a form the director prescribes by rule, an irrevocable consent appointing the director to be the attorney of the applicant to receive service of any lawful process in any civil suit, action, or proceeding against the applicant or the a... |
64.36.260 | Certain acts not constituting findings or approval by the director—Certain representations unlawful. | Neither the fact that an application for registration nor a disclosure document under RCW 64.36.140 has been filed, nor the fact that a timeshare offering is effectively registered, constitutes a finding by the director that any document filed under this chapter is true, complete, and not misleading, nor does either fa... |
64.36.270 | Rules, forms, and orders—Interpretive opinions. | The director may make, amend, and repeal rules, forms, and orders when necessary to carry out this chapter. The director may honor requests for interpretive opinions.
[ 1983 1st ex.s. c 22 s 26 .] |
64.36.290 | Application of chapters21.20, 58.19, and19.105RCW—Exemption of certain camping and outdoor recreation enterprises. | (1) All timeshares registered under this chapter are exempt from chapters 21.20 , *58.19, and 19.105 RCW. (2) This chapter shall not apply to any enterprise that has as its primary purpose camping and outdoor recreation and camping sites designed and promoted for the purpose of purchasers locating a trailer, tent, tent... |
64.36.310 | Copy of advertisement to be filed with director before publication—Application of chapter limited. | (1) No person may publish any advertisement in this state offering a timeshare which is subject to the registration requirements of RCW 64.36.020 unless a true copy of the advertisement has been filed in the office of the director at least seven days before publication or a shorter period which the director by rule may... |
64.36.320 | Free gifts, awards, and prizes—Security arrangement required of promisor—Other requirements—Private causes of action. | (1) No person, including a promoter, may advertise, sell, contract for, solicit, arrange, or promise a free gift, an award, a prize, or other item of value in this state as a condition for attending a sales presentation, touring a facility, or performing other activities in connection with the offer or sale of a timesh... |
64.36.330 | Membership lists available for members and owners—Conditions—Exclusion of members' names from list—Commercial use of list. | (1) Concerning any timeshare offered or sited in this state, it is unlawful and a violation of this chapter and chapter 19.86 RCW for any person, developer, promoter, operator, or other person in control of timeshares or the board of directors or appropriate officer of timeshares with such responsibilities, to fail to ... |
64.36.340 | Uniform regulation of business and professions act. | The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter.
[ 2002 c 86 s 304 .]
Effective dates — 2002 c 86: See note following RCW 18.08.340 .
Part headings not law — Severability — 20... |
64.36.350 | Military training or experience. | An applicant with military training or experience satisfies the training or experience requirements of this chapter unless the director determines that the military training or experience is not substantially equivalent to the standards of this state.
[ 2011 c 351 s 20 .] |
64.36.351 | Spouses of military personnel—Registration. | The director shall develop rules consistent with RCW 18.340.020 for the registration of spouses of military personnel.
[ 2011 2nd sp.s. c 5 s 9 .]
Implementation — 2011 2nd sp.s. c 5: See note following RCW 18.340.010 . |
64.36.900 | Short title. | This chapter may be known and cited as "The Timeshare Act."
[ 1983 1st ex.s. c 22 s 32 .] |
64.37.010 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Contact" means the operator or the operator's representative who is the point of contact for any short-term rental guest for the duration of the guest's stay in the short-term rental. (2) "Department" means... |
64.37.020 | Taxes. | Short-term rental operators must remit all applicable local, state, and federal taxes unless the platform does this on the operator's behalf. This includes occupancy, sales, lodging, and other taxes, fees, and assessments to which an owner or operator of a hotel or bed and breakfast is subject in the jurisdiction in wh... |
64.37.030 | Consumer safety. | (1) All short-term rental operators who offer dwelling units, or portions thereof, for short-term rental use in the state of Washington must: (a) Provide contact information to all short-term rental guests during a guest's stay. The contact must be available to respond to inquiries at the short-term rental during the l... |
64.37.040 | Short-term rental platforms. | (1) No short-term rental platform may engage in the business in the state of Washington unless the short-term rental platform is in compliance with the requirements of this chapter. (2) A short-term rental platform must register with the department. (3) Short-term rental platforms must inform all operators who use the ... |
64.37.050 | Liability insurance. | A short-term rental operator must maintain primary liability insurance to cover the short-term rental dwelling unit in the aggregate of not less than one million dollars or conduct each short-term rental transaction through a platform that provides equal or greater primary liability insurance coverage. Nothing in this ... |
64.38.005 | Intent.(Effective until January 1, 2028.) | The intent of this chapter is to provide consistent laws regarding the formation and legal administration of homeowners' associations.
[ 1995 c 283 s 1 .] |
64.38.010 | Definitions.(Effective until January 1, 2028.) | For purposes of this chapter: (1) "Assessment" means all sums chargeable to an owner by an association in accordance with RCW 64.38.020 . (2) "Baseline funding plan" means establishing a reserve funding goal of maintaining a reserve account balance above $0 throughout the 30-year study period described under RCW 64.38.... |
64.38.015 | Association membership.(Effective until January 1, 2028.) | The membership of an association at all times shall consist exclusively of the owners of all real property over which the association has jurisdiction, both developed and undeveloped.
[ 1995 c 283 s 3 .] |
64.38.020 | Association powers.(Effective until January 1, 2028.) | Unless otherwise provided in the governing documents, an association may: (1) Adopt and amend bylaws, rules, and regulations; (2) Adopt and amend budgets for revenues, expenditures, and reserves, and impose and collect assessments for common expenses from owners; (3) Hire and discharge or contract with managing agents ... |
64.38.025 | Board of directors—Standard of care—Restrictions—Budget—Removal from board.(Effective until January 1, 2028.) | (1) Except as provided in the association's governing documents or 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 shall exercise the degree of care and loyalty required of an officer or ... |
64.38.028 | Removal of discriminatory provisions in governing documents—Procedure.(Effective until January 1, 2028.) | (1) The association, acting through a simple majority vote of its board, may amend the association's governing documents for the purpose of removing: (a) Every covenant, condition, or restriction that is void by reason of RCW 49.60.224 ; and (b) Every covenant, condition, restriction, or prohibition, including a right ... |
64.38.030 | Association bylaws.(Effective until January 1, 2028.) | Unless provided for in the governing documents, the bylaws of the association shall provide for: (1) The number, qualifications, powers and duties, terms of office, and manner of electing and removing the board of directors and officers and filling vacancies; (2) Election by the board of directors of the officers of th... |
64.38.033 | Flag of the United States—Outdoor display—Governing documents.(Effective until January 1, 2028.) | (1) The governing documents may not prohibit the outdoor display of the flag of the United States by an owner or resident on the owner's or resident's property if the flag is displayed in a manner consistent with federal flag display law, 4 U.S.C. Sec. 1 et seq. The governing documents may include reasonable rules and ... |
64.38.034 | Political yard signs—Governing documents.(Effective until January 1, 2028.) | (1) The governing documents may not prohibit the outdoor display of political yard signs by an owner or resident on the owner's or resident's property before any primary or general election. The governing documents may include reasonable rules and regulations regarding the placement and manner of display of political y... |
64.38.035 | Association meetings—Notice—Board of directors.(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 owners having ten percent of the votes in the association. The association must make available to each owner of record for examination an... |
64.38.040 | Quorum for meeting.(Effective until January 1, 2028.) | Unless the governing documents specify a different percentage, a quorum is present throughout any meeting of the association if the owners to which thirty-four percent of the votes of the association are allocated are present in person or by proxy at the beginning of the meeting.
[ 1995 c 283 s 8 .] |
64.38.045 | Financial and other records—Property of association—Copies—Annual financial statement—Accounts—Requirements for retaining.(Effective until January 1, 2028.) | (1) The association or its managing agent shall keep financial and other records sufficiently detailed to enable the association to fully declare to each owner the true statement of its financial status. All financial and other records of the association, including but not limited to checks, bank records, and invoices,... |
64.38.050 | Violation—Remedy—Attorneys' fees.(Effective until January 1, 2028.) | Any violation of the provisions of this chapter entitles an aggrieved party to any remedy provided by law or in equity. The court, in an appropriate case, may award reasonable attorneys' fees to the prevailing party.
[ 1995 c 283 s 10 .] |
64.38.055 | Governing documents—Solar panels.(Effective until January 1, 2028.) | (1) The governing documents may not prohibit the installation of a solar energy panel by an owner or resident on the owner's or resident's property as long as the solar energy panel: (a) Meets applicable health and safety standards and requirements imposed by state and local permitting authorities; (b) If used to heat ... |
64.38.057 | Governing documents—Drought resistant landscaping, pollinator habitat, wildfire ignition resistant landscaping.(Effective until January 1, 2028.) | (1) The governing documents may not prohibit the installation of drought resistant landscaping, pollinator habitat, including beehives compliant with local regulation, or wildfire ignition resistant landscaping. However, the governing documents may include reasonable rules regarding the placement and aesthetic appearan... |
64.38.060 | Adult family homes.(Effective until January 1, 2028.) | (1) To effectuate the public policy of chapter 70.128 RCW, the governing documents may not limit, directly or indirectly: (a) Persons with disabilities from living in an adult family home licensed under chapter 70.128 RCW; or (b) Persons and legal entities from operating adult family homes licensed under chapter 70.128... |
64.38.062 | Electric vehicle charging stations.(Effective until January 1, 2026.) | (1)(a) A homeowners' 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 ... |
64.38.065 | Reserve account and study.(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 ... |
64.38.070 | Reserve study—Requirements.(Effective until January 1, 2028.) | (1) A reserve study as described in RCW 64.38.065 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... |
64.38.075 | 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... |
64.38.080 | Reserve study—Demand for preparation and inclusion in budget.(Effective until January 1, 2028.) | (1) When more than three years have passed since the date of the last reserve study prepared by a reserve study professional, the owners to which at least thirty-five 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 and that th... |
64.38.085 | Reserve account and study—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... |
64.38.090 | Reserve study—Exemptions.(Effective until January 1, 2028.) | Except as provided in RCW 64.90.080 and 64.90.545 , an association is not required to follow the reserve study requirements under RCW 64.38.025 and RCW 64.38.065 through 64.38.085 if the cost of the reserve study exceeds five percent of the association's annual budget, the association does not have significant assets, ... |
64.38.095 | 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 , ... |
64.38.100 | Liens for unpaid assessments—Notice of delinquency—Second notice.(Effective until January 1, 2026.) | (1)(a) If the governing documents of an association provide for a lien on the lot of any owner for unpaid assessments, the association shall include the following first preforeclosure notice when mailing to the lot owner by first-class mail the first notice of delinquency to the lot address and to any other address tha... |
64.38.110 | Notice.(Effective until January 1, 2028.) | (1) Notwithstanding any inconsistent provision in the governing documents, notice to the association of lot owners, board, or any lot owner or occupant of a lot 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 electroni... |
64.38.120 | Voting—In person, absentee ballots, proxies.(Effective until January 1, 2028.) | (1) 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, owners may vote by ballot pursuant to subsection (6) of this section. (3) At a meeting of owners the fol... |
64.38.130 | 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 homeowners' association may: (a) Require any lot owner intending to lease the owner's lot to use a tenant screening service or obtain background information, including criminal history, on a prospective tenant... |
64.38.140 | Licensed family home child care or licensed child day care center—Regulations—Liability.(Effective until January 1, 2028.) | (1) A homeowners' 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 lot as a licensed family home child care ope... |
64.38.150 | New associations minimum density.(Effective until January 1, 2028.) | Governing documents of associations within cities subject to the middle housing requirements in RCW 36.70A.635 that are created after July 23, 2023, 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 12 .]
Finding — 2... |
64.38.160 | New associations—Accessory dwelling units.(Effective until January 1, 2028.) | (1) Except governing documents of associations created to protect public health and safety, and ground and surface waters from on-site wastewater, governing documents of associations created after July 23, 2023, and applicable to a property located within an urban growth area may not impose any restriction or prohibiti... |
64.38.170 | 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 homeowners' association may not adopt or enforce a ... |
64.38.180 | Heat pumps.(Effective until January 1, 2026.) | (1)(a) A homeowners' 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 ... |
64.38.184 | Transit-oriented development restrictions.(Expires January 1, 2028.) | (1) Governing documents created after July 27, 2025, and applicable to associations 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.... |
64.38.900 | Conflict with other sections. | In case of any conflict between Title 23B RCW or chapter 23.86 , 24.03A, 24.06, or 25.15 RCW and this chapter, this chapter controls.
[ 2025 c 119 s 5 .] |
64.40.010 | Definitions—Defense in action for damages. | As used in this chapter, the terms in this section shall have the meanings indicated unless the context clearly requires otherwise. (1) "Agency" means the state of Washington, any of its political subdivisions, including any city, town, or county, and any other public body exercising regulatory authority or control ove... |
64.40.020 | Applicant for permit—Actions for damages from governmental actions. | (1) Owners of a property interest who have filed an application for a permit have an action for damages to obtain relief from acts of an agency which are arbitrary, capricious, unlawful, or exceed lawful authority, or relief from a failure to act within time limits established by law: PROVIDED, That the action is unlaw... |
64.40.030 | Commencement of action—Time limitation. | Any action to assert claims under the provisions of this chapter shall be commenced only within thirty days after all administrative remedies have been exhausted.
[ 1982 c 232 s 3 .] |
64.40.040 | Remedies cumulative. | The remedies provided by this chapter are in addition to any other remedies provided by law.
[ 1982 c 232 s 4 .] |
64.44.005 | Legislative finding. | The legislature finds that some properties are being contaminated by hazardous chemicals used in unsafe or illegal ways in the manufacture of illegal drugs or by hazardous drugs contaminating transient accommodations regulated by the department. Innocent members of the public may be harmed by the residue left by these ... |
64.44.010 | Definitions. | The words and phrases defined in this section shall have the following meanings when used in this chapter unless the context clearly indicates otherwise. (1) "Authorized contractor" means a person who decontaminates, demolishes, or disposes of contaminated property as required by this chapter who is certified by the de... |
64.44.020 | Reporting—Warning—Notice—Duties of local health officer. | Whenever a law enforcement agency becomes aware that property has been contaminated by hazardous chemicals, that agency shall report the contamination to the local health officer. The local health officer shall cause a posting of a written warning on the premises within one working day of notification of the contaminat... |
64.44.030 | Order declaring property unfit and prohibiting use—Notice—Hearing—Emergency order. | (1) If after the inspection of the property, the local health officer finds that it is contaminated, then the local health officer shall issue an order declaring the property unfit and prohibiting its use. The local health officer shall cause the order to be served either personally or by certified mail, with return re... |
64.44.040 | Orders declaring property unfit and prohibiting use—City, county action—Entrance upon property prohibited. | (1) Upon issuance of an order declaring property unfit and prohibiting its use, the city or county in which the contaminated property is located may take action to prohibit use, occupancy, or removal of such property; condemn, decontaminate, or demolish the property; or require that the property be vacated or the conte... |
64.44.050 | Decontamination, demolition, or disposal by owner—Requirements and procedure—Costs—Decontamination timeline. | (1) An owner of contaminated property who desires to have the property decontaminated, demolished, or disposed of shall use the services of an authorized contractor unless otherwise authorized by the local health officer. The contractor and property owner shall prepare and submit a written work plan for decontamination... |
64.44.060 | Certification of contractors, supervisors, or workers—Denial, suspension, revocation, or restrictions on certificate—Penalties—Fees. | (1) A contractor, supervisor, or worker may not perform decontamination, demolition, or disposal work unless issued a certificate by the state department of health. The department shall establish performance standards for contractors, supervisors, and workers by rule in accordance with chapter 34.05 RCW, the administra... |
64.44.070 | Rules and standards—Chapter administration, property decontamination. | (1) The state board of health shall promulgate rules and standards for carrying out the provisions in this chapter in accordance with chapter 34.05 RCW, the administrative procedure act. The local board of health and the local health officer are authorized to exercise such powers as may be necessary to carry out this c... |
64.44.075 | Annual evaluation and inspection of decontamination projects. | The department may evaluate annually a number of the property decontamination projects performed by licensed contractors to determine the adequacy of the decontamination work, using the services of an independent environmental contractor or state or local agency. If a project fails the evaluation and inspection, the co... |
64.44.080 | Civil liability—Immunity. | Members of the state board of health and local boards of health, local health officers, and employees of the department of health and local health departments are immune from civil liability arising out of the performance of their duties under this chapter, unless such performance constitutes gross negligence or intent... |
64.44.900 | Application—Other remedies. | This chapter shall not limit state or local government authority to act under any other statute, including chapter 35.80 or 7.48 RCW.
[ 1990 c 213 s 11 .] |
64.50.005 | Finding—Intent. | The legislature finds, declares, and determines that limited changes in the law are necessary and appropriate concerning actions claiming damages, indemnity, or contribution in connection with alleged construction defects. It is the intent of the legislature that this chapter apply to these types of civil actions while... |
64.50.010 | Definitions.(Effective until January 1, 2028.) | Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Action" means any civil lawsuit or action in contract or tort for damages or indemnity brought against a construction professional to assert a claim, whether by complaint, counterclaim, or cross-claim, for... |
64.50.020 | Construction defect action—Notice of claim—Report—Response—Procedure for negotiations—Commencing an action. | (1) In every construction defect action brought against a construction professional, the claimant shall, no later than 45 days before filing an action, serve written notice of claim on the construction professional. (a) The notice of claim shall state that the claimant asserts a construction defect claim against the co... |
64.50.030 | List of known construction defects—Requirements—Time limits. | (1) In every action brought against a construction professional, the claimant, including a construction professional asserting a claim against another construction professional, shall file with the court and serve on the defendant a list of known construction defects in accordance with this section. (2) The list of kno... |
64.50.040 | Construction defect action brought by a board of directors—Notice.(Effective until January 1, 2028.) | (1)(a) In the event the board of directors, pursuant to RCW 64.34.304 (1)(d) or 64.38.020 (4), institutes an action asserting defects in the construction of two or more residences, common elements, or common areas, this section shall apply. For purposes of this section, "action" has the same meaning as set forth in RCW... |
64.50.050 | Construction professional right to offer to cure defects—Notice to homeowner.(Effective until January 1, 2028.) | (1) The construction professional shall provide notice to each homeowner upon entering into a contract for sale, construction, or substantial remodel of a residence, of the construction professional's right to offer to cure construction defects before a homeowner may commence litigation against the construction profess... |
64.50.060 | Interpretation of chapter regarding certain relationships and rights. | Nothing in this chapter shall be construed to hinder or otherwise affect the employment, agency, or contractual relationship between and among homeowners and construction professionals during the process of construction or remodeling and does not preclude the termination of those relationships as allowed under current ... |
64.55.005 | Application.(Effective until January 1, 2028.) | (1)(a) RCW 64.55.010 through 64.55.090 apply to any multiunit residential building for which the permit for construction or rehabilitative construction of such building was issued on or after August 1, 2005. (b) RCW 64.55.010 and 64.55.090 apply to conversion condominiums as defined in RCW 64.34.020 or conversion build... |
64.55.010 | Definitions.(Effective until January 1, 2028.) | Unless the context clearly requires otherwise, the definitions in *RCW 64.34.020 and in this section apply throughout this chapter. (1) "Attached dwelling unit" means any dwelling unit that is attached to another dwelling unit by a wall, floor, or ceiling that separates heated living spaces. A garage is not a heated li... |
64.55.020 | Building permit application—Submission of design documents. | (1) Any person applying for a building permit for construction of a multiunit residential building or rehabilitative construction shall submit building enclosure design documents to the appropriate building department prior to the start of construction or rehabilitative construction of the building enclosure. If constr... |
64.55.030 | Inspection required. | All multiunit residential buildings shall have the building enclosure inspected by a qualified inspector during the course of initial construction and during rehabilitative construction.
[ 2005 c 456 s 4 .] |
64.55.040 | Inspectors—Qualifications. | (1) A qualified building enclosure inspector: (a) Must be the architect or engineer of record or another person with substantial and verifiable training and experience in building enclosure design and construction; (b) Shall be free from improper interference or influence relating to the inspections; and (c) May not be... |
64.55.050 | Scope of inspection—Definition. | (1) Any inspection required by this chapter shall include, at a minimum, the following: (a) Water penetration resistance testing of a representative sample of windows and window installations. Such tests shall be conducted according to industry standards. Where appropriate, tests shall be conducted with an induced air ... |
64.55.060 | Certification—Certificate of occupancy. | Upon completion of an inspection required by this chapter, the qualified inspector shall prepare and submit to the appropriate building department a signed letter certifying that the building enclosure has been inspected during the course of construction or rehabilitative construction and that it has been constructed o... |
64.55.070 | Inspector, architect, and engineer—No private right of action or basis for liability against.(Effective until January 1, 2028.) | (1) Nothing in this chapter and RCW 64.34.073 , 64.34.100 (2), 64.34.410 (1)(nn) and (2), and 64.34.415 (1)(b) is intended to, or does: (a) Create a private right of action against any inspector, architect, or engineer based upon compliance or noncompliance with its provisions; or (b) Create any independent basis for l... |
64.55.080 | Inspector's report or testimony—No evidentiary presumption—Admissibility. | A qualified inspector's report or testimony regarding an inspection conducted pursuant to this chapter is not entitled to any evidentiary presumption in any arbitration or court proceeding. Nothing in this chapter restricts the admissibility of such a report or testimony, and questions of the admissibility of such a re... |
64.55.090 | Sale of condominium unit subject to compliance—Inspection alternative.(Effective until January 1, 2028.) | (1) Except for sales or other dispositions listed in RCW 64.34.400 (2), no declarant may convey a condominium unit that may be occupied for residential use in a multiunit residential building without first complying with the requirements of RCW 64.55.005 through 64.55.080 unless the building enclosure of the building i... |
64.55.100 | Arbitration—Election—Number of arbitrators—Qualifications—Trial de novo. | (1) If the declarant, an association, or a party unit owner demands an arbitration by filing such demand with the court not less than thirty and not more than ninety days after filing or service of the complaint, whichever is later, the parties shall participate in a private arbitration hearing. The declarant, the asso... |
64.55.110 | Case schedule plan—Deadlines. | (1) Not less than sixty days after the later of filing or service of the complaint, the parties shall confer to create a proposed case schedule plan for submission to the court that includes the following deadlines: (a) Selection of a mediator; (b) Commencement of the mandatory mediation and submission of mediation mat... |
64.55.120 | Mandatory mediation.(Effective until January 1, 2028.) | (1) The parties to an action subject to this chapter and RCW 64.34.073 , 64.34.100 (2), 64.34.410 (1)(nn) and (2), and 64.34.415 (1)(b) shall engage in mediation. Unless the parties agree otherwise, the mediation required by this section shall commence within seven months of the later of the filing or service of the co... |
64.55.130 | Appointment of neutral expert—Qualifications—Duties—Admissibility of report or testimony.(Effective until January 1, 2028.) | (1) If, after meeting and conferring as required by RCW 64.55.120 (2), disputed issues remain, a party may file a motion with the court, or arbitrator if an arbitrator has been appointed, requesting the appointment of a neutral expert to address any or all of the disputed issues. Unless otherwise agreed to by the parti... |
64.55.140 | Payment of arbitrators, mediators, and neutral experts. | (1) Where the building permit that authorized commencement of construction of a building was issued on or after August 1, 2005: (a)(i) If the action is referred to arbitration under RCW 64.55.100 , the party who demands arbitration shall advance the fees of any arbitrator and any mediator appointed under RCW 64.55.120 ... |
64.55.150 | Subcontractors and suppliers—When party to arbitration. | Upon the demand of a party to an arbitration demanded under RCW 64.55.100 , any subcontractor or supplier against whom such party has a legal claim and whose work or performance on the building in question becomes an issue in the arbitration may be joined in and become a party to the arbitration. However, joinder of su... |
64.55.160 | Offers of judgment—Costs and fees. | (1) On or before the 60th day following completion of the mediation pursuant to RCW 64.55.120 (4) and following filing and service of the complaint, the declarant, association, or party unit owner may serve on an adverse party an offer to allow judgment to be entered. The offer of judgment shall specify the amount of d... |
64.55.901 | Effective date—2005 c 456. | This act takes effect August 1, 2005.
[ 2005 c 456 s 24 .] |
64.60.005 | Findings. | The legislature finds and declares that the public policy of this state favors the marketability of real property and the transferability of interests in real property free of title defects or unreasonable restraints on alienation. The legislature further finds and declares that private transfer fee obligations violate... |
64.60.010 | Definitions.(Effective until January 1, 2028.) | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Association" means: An association of apartment owners as defined in RCW 64.32.010 ; a unit owners' association as defined in RCW 64.34.020 ; a homeowners' association as defined in RCW 64.38.010 ; a corpor... |
64.60.020 | Private transfer fee obligations—Enforceability—Interpretation. | (1) A private transfer fee obligation recorded or entered into in this state on or after April 13, 2011, does not run with the title to real property and is not binding on or enforceable at law or in equity against any subsequent owner, purchaser, or mortgagee or holder of any interest in real property as an equitable ... |
64.60.030 | Liability. | Any person who records, or enters into, an agreement imposing a private transfer fee obligation in the person's favor after April 13, 2011, is liable for (1) any damages resulting from the imposition of the private transfer fee obligation on the transfer of an interest in the real property including, but not limited to... |
64.60.040 | Notice of private transfer fee obligation. | (1) A payee of a private transfer fee obligation imposed before April 13, 2011, shall record, before December 31, 2011, against the real property subject to the private transfer fee obligation, a separate document in the county auditor's office in the county in which the real property is located that includes all of th... |
64.60.900 | Short title. | This chapter may be known and cited as the private transfer fee obligation act.
[ 2011 c 36 s 2 .] |
64.60.901 | Effective date—2011 c 36. | This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 13, 2011].
[ 2011 c 36 s 7 .] |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.