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64.65.010 | Definitions. | The following definitions apply throughout the section [The definitions in this section apply throughout this chapter] unless the context clearly requires otherwise. (1) "Appurtenant easement" means an easement tied to or dependent on ownership or occupancy of a unit or a parcel of real property. (2) "Conservation ease... |
64.65.020 | Right of servient estate owner to relocate easement. | A servient estate owner may relocate an easement under this chapter only if the relocation does not materially: (1) Lessen the utility of the easement; (2) After the relocation, increase the burden on the easement holder in its reasonable use and enjoyment of the easement; (3) Impair an affirmative, easement-related pu... |
64.65.030 | Commencement of civil action. | (1) To obtain an order to relocate an easement under this chapter, a servient estate owner must commence a civil action. (2) A servient estate owner that commences a civil action under subsection (1) of this section: (a) Shall serve a summons and complaint on: (i) The easement holder whose easement is the subject of th... |
64.65.040 | Required findings—Order. | (1) The court may not approve relocation of an easement under this chapter unless the servient estate owner: (a) Establishes that the easement is eligible for relocation under RCW 64.65.120 ; and (b) Satisfies the conditions for relocation under RCW 64.65.020 . (2) An order under this chapter approving relocation of an... |
64.65.050 | Expenses of relocation. | A servient estate owner is responsible for reasonable expenses of relocation of an easement under this chapter, including the expense of: (1) Constructing improvements on the servient estate or dominant estate in accordance with an order under RCW 64.65.040 ; (2) During the relocation, mitigating disruption in the use ... |
64.65.060 | Duty to act in good faith. | After the court, under RCW 64.65.040 , approves relocation of an easement and the servient estate owner commences the relocation, the servient estate owner, the easement holder, and other parties in the civil action shall act in good faith to facilitate the relocation in compliance with this chapter.
[ 2023 c 6 s 208 .... |
64.65.070 | Relocation affidavit. | (1) If an order under RCW 64.65.040 requires the construction of an improvement as a condition for relocation of an easement, relocation is substantially complete, and the easement holder is able to enter, use, and enjoy the easement in the new location, the servient estate owner shall: (a) Record, in the land records ... |
64.65.080 | Limited effect of relocation. | (1) Relocation of an easement under this chapter: (a) Is not a new transfer or a new grant of an interest in the servient estate or the dominant estate; (b) Is not a breach or default of, and does not trigger, a due-on-sale clause or other transfer-restriction clause under a security instrument, except as otherwise det... |
64.65.090 | Nonwaiver. | The right of a servient estate owner to relocate an easement under this chapter may not be waived, excluded, or restricted by agreement even if: (1) The instrument creating the easement prohibits relocation or contains a waiver, exclusion, or restriction of this chapter; (2) The instrument creating the easement require... |
64.65.100 | Uniformity of application and construction. | In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.
[ 2023 c 6 s 212 .] |
64.65.110 | Relation to electronic signatures in global and national commerce act. | This chapter modifies, limits, or supersedes the electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that... |
64.65.120 | Application—Scope—Exclusions. | (1) Except as otherwise provided in subsection (2) of this section, this chapter applies to an easement established by express grant or reservation or by prescription, implication, necessity, estoppel, or other method. (2) This chapter may not be used to relocate: (a) A public utility easement, conservation easement, o... |
64.65.130 | Application—Transitional provision. | This chapter applies to an easement created before, on, or after July 23, 2023.
[ 2023 c 6 s 214 .] |
64.65.900 | Short title. | RCW 64.65.010 through 64.65.130 may be known and cited as the uniform easement relocation act.
[ 2023 c 6 s 201 .] |
64.70.005 | Findings—National uniform legislation. | The legislature finds that the national conference of commissioners on uniform state laws has developed uniform legislation called the uniform environmental covenants act. The act ensures that environmental covenants, recorded use restrictions negotiated in connection with hazardous waste site cleanups, and other envir... |
64.70.010 | Short title. | This chapter may be cited as the uniform environmental covenants act.
[ 2007 c 104 s 2 .] |
64.70.015 | Application—Construction—2007 c 104. | In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
[ 2007 c 104 s 14 .] |
64.70.020 | Definitions.(Effective until January 1, 2028.) | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Activity or use limitations" means restrictions or obligations created under this chapter with respect to real property. (2) "Agency" means either the department of ecology, the pollution liability insuranc... |
64.70.030 | Interests in real property—Subordination. | (1) Any person, including a person that owns an interest in the real property, the agency, or a municipality or other unit of local government, may be a holder. An environmental covenant may identify more than one holder. The interest of a holder is an interest in real property. (2) A right of an agency under this chap... |
64.70.040 | Covenants—Contents—Agency discretion—Local land use consideration. | (1) An environmental covenant must: (a) State that the instrument is an environmental covenant executed pursuant to this chapter; (b) Contain a legally sufficient description of the real property subject to the covenant; (c) Describe with specificity the activity or use limitations on the real property; (d) Identify ev... |
64.70.050 | Covenants—Enforceability. | (1) An environmental covenant that complies with this chapter runs with the land. (2) An environmental covenant that is otherwise effective is valid and enforceable even if: (a) It is not appurtenant to an interest in real property; (b) It can be or has been assigned to a person other than the original holder; (c) It i... |
64.70.060 | Use of real property—Chapter application. | This chapter does not authorize a use of real property that is otherwise prohibited by zoning, by law other than this chapter regulating use of real property, or by a recorded instrument that has priority over the environmental covenant. An environmental covenant may prohibit or restrict uses of real property that are ... |
64.70.070 | Covenants—Providing copies. | (1) A copy of an environmental covenant shall be provided by the persons and in the manner required by the agency to: (a) Each person that signed the covenant; (b) Each person holding a recorded interest in the real property subject to the covenant; (c) Each person in possession of the real property subject to the cove... |
64.70.080 | Covenants—Recording and priority of interests. | (1) An environmental covenant and any amendment or termination of the covenant must be recorded in every county in which any portion of the real property subject to the covenant is located. For purposes of indexing, a holder shall be treated as a grantee. (2) Except as otherwise provided in RCW 64.70.090 (3), an enviro... |
64.70.090 | Covenant—Duration—Court action. | (1) An environmental covenant is perpetual unless it is: (a) By its terms limited to a specific duration or terminated by the occurrence of a specific event; (b) Terminated by consent pursuant to RCW 64.70.100 ; (c) Terminated pursuant to subsection (2) of this section; (d) Terminated by foreclosure of an interest that... |
64.70.100 | Covenant—Amendment or termination by consent. | (1) An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by: (a) The agency; (b) Unless waived by the agency, the current owner of the fee simple of the real property subject to the covenant; (c) Each person that originally signed the covenant, unless the pers... |
64.70.110 | Violations—Civil actions—Regulatory authority under chapter—Liability. | (1) A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by: (a) A party to the covenant; (b) The agency or, if it is not the agency, the department of ecology; (c) Any person to whom the covenant expressly grants power to enforce; (d) A person whose inter... |
64.70.120 | Covenants—Registry—Information contained. | (1) The department of ecology shall establish and maintain a registry that contains information identifying all environmental covenants established under this chapter and any amendment or termination of those covenants, including the county where the covenant is recorded and the recording number. The registry may also ... |
64.70.130 | Electronic signatures in global and national commerce act. | This chapter modifies, limits, or supersedes the federal electronic signatures in global and national commerce act (15 U.S.C. Sec. 7001 et seq.) but does not modify, limit, or supersede section 101 of that act (15 U.S.C. Sec. 7001(a)) or authorize electronic delivery of any of the notices described in section 103 of th... |
64.80.010 | Definitions. | The following definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Beneficiary" means a person that receives property under a transfer on death deed. (2) "Designated beneficiary" means a person designated to receive property in a transfer on death deed. (3) "Join... |
64.80.020 | Authorized—Prohibited use. | An individual may transfer property to one or more beneficiaries effective at the transferor's death by a transfer on death deed. A transfer on death deed may not be used to effect a deed in lieu of foreclosure of a deed of trust.
[ 2014 c 58 s 5 .] |
64.80.030 | Revocable. | A transfer on death deed is revocable even if the deed or another instrument contains a contrary provision.
[ 2014 c 58 s 6 .] |
64.80.040 | Nontestamentary. | A transfer on death deed is nontestamentary.
[ 2014 c 58 s 7 .] |
64.80.050 | Capacity of transferor. | The capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a will.
[ 2014 c 58 s 8 .] |
64.80.060 | Requirements. | A transfer on death deed: (1) Except as otherwise provided in subsection (2) of this section, must contain the essential elements and formalities of a properly recordable inter vivos deed; (2) Must state that the transfer to the designated beneficiary is to occur at the transferor's death; and (3) Must be recorded befo... |
64.80.070 | Notice, delivery, acceptance, consideration not required. | A transfer on death deed is effective without: (1) Notice or delivery to or acceptance by the designated beneficiary during the transferor's life; or (2) Consideration.
[ 2014 c 58 s 10 .] |
64.80.080 | Revocation, when authorized or prohibited. | (1) Subject to subsection (2) of this section, an instrument is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument: (a) Is one of the following: (i) A transfer on death deed that revokes the deed or part of the deed expressly or by inconsistency; (ii) An instrument of revoc... |
64.80.090 | Effect during transferor's life. | During a transferor's life, a transfer on death deed does not: (1) Affect an interest or right of the transferor or any other owner, including the right to transfer or encumber the property; (2) Affect an interest or right of a transferee, even if the transferee has actual or constructive notice of the deed; (3) Affect... |
64.80.100 | Effect at transferor's death. | (1) Except as otherwise provided in this section, or in RCW 11.07.010 , and 11.05A.030 , on the death of the transferor, the following rules apply to property that is the subject of a transfer on death deed and owned by the transferor at death: (a) Subject to (b) of this subsection, the interest in the property is tran... |
64.80.110 | Disclaimer of interest. | A beneficiary may disclaim all or part of the beneficiary's interest as provided by chapter 11.86 RCW.
[ 2014 c 58 s 14 .] |
64.80.120 | Liability for creditor claims and statutory allowances. | A beneficiary of a transfer on death deed is liable for an allowed claim against the transferor's probate estate and statutory allowances to a surviving spouse and children to the extent provided in RCW 11.18.200 , 11.42.085 , and chapter 11.54 RCW.
[ 2014 c 58 s 15 .] |
64.80.900 | Short title. | This chapter may be cited as the Washington uniform real property transfer on death act.
[ 2014 c 58 s 1 .] |
64.80.901 | Application. | This chapter applies to a transfer on death deed made before, on, or after June 12, 2014, by a transferor dying on or after June 12, 2014.
[ 2014 c 58 s 3 .] |
64.80.902 | Nonexclusivity. | The chapter does not affect any method of transferring property otherwise permitted under the law of this state.
[ 2014 c 58 s 4 .] |
64.80.903 | Uniformity of application and construction—2014 c 58. | In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.
[ 2014 c 58 s 16 .] |
64.80.904 | Relation to electronic signatures in global and national commerce act—2014 c 58. | Chapter 58, Laws of 2014 modifies, limits, and supersedes the federal electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001, et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in ... |
64.90.010 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Affiliate of a declarant" means any person who controls, is controlled by, or is under common control with a declarant. For purposes of this subsection: (a) A person controls a declarant if the person: (i) ... |
64.90.015 | No variation by agreement. | *** CHANGE IN 2026 *** (SEE 2354-S.SL ) ***
(1) Except as expressly provided in this chapter, the effect of the provisions of this chapter may not be varied by agreement, and rights conferred by this chapter may not be waived. Except as provided otherwise in RCW 64.90.110 , a declarant may not act under a power of atto... |
64.90.020 | Separate titles and taxation. | (1) In a cooperative, unless the declaration provides that a unit owner's interest in a unit and its allocated interests is real estate for all purposes, that interest is personal property. (2) In a condominium, plat community, or miscellaneous community, if there is any unit owner other than a declarant: (a) Each unit... |
64.90.025 | Applicability of local ordinances, regulations, and building codes. | (1) A building, fire, health, or safety statute, ordinance, or regulation may not impose any requirement upon any structure in a common interest community that it would not impose upon a physically identical development under a different form of ownership. (2) A zoning, subdivision, or other land use statute, ordinance... |
64.90.030 | Eminent domain. | (1) If a unit is acquired by condemnation or part of a unit is acquired by condemnation leaving the unit owner with a remnant that may not practically or lawfully be used for any purpose permitted by the declaration, the award must include compensation to the unit owner for that unit and its allocated interests, whethe... |
64.90.035 | Supplemental general principles of law applicable. | The principles of law and equity, including the law of corporations and any other form of organization authorized by the law of this state and unincorporated associations, the law of real estate, and the law relative to the capacity to contract, principal and agent, eminent domain, estoppel, fraud, misrepresentation, d... |
64.90.040 | Construction against implicit repeal. | This chapter is intended as a unified coverage of its subject matter and no part of it must be construed to be impliedly repealed by subsequent legislation if that construction can reasonably be avoided.
[ 2018 c 277 s 108 .] |
64.90.045 | Application—Construction. | This chapter must be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
[ 2018 c 277 s 109 .] |
64.90.050 | Unconscionable agreement or term of contract. | (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 to avoid an unconscio... |
64.90.055 | Obligation of good faith. | Every contract or duty governed under this chapter imposes an obligation of good faith in its performance or enforcement.
[ 2018 c 277 s 112 .] |
64.90.060 | Remedies. | The remedies provided under this chapter must 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 of ... |
64.90.065 | Adjustment of dollar amounts. | *** CHANGE IN 2026 *** (SEE 2354-S.SL ) ***
(1) From time to time the dollar amount specified in RCW 64.90.360 (4) and 64.90.640 (2) must change, as provided in subsections (2) and (3) of this section, according to and to the extent of changes in the consumer price index for urban wage earners and clerical workers: Uni... |
64.90.070 | Electronic signatures in global and national commerce act. | This chapter modifies, limits, and supersedes the federal electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede 15 U.S.C. Sec. 7001(c) or authorize electronic delivery of any of the notices described in 15 U.S.C. Sec. 7003(b).
[ 2018 c 277 s 115... |
64.90.085 | Common interest communities, amendments to. | Amendments to this chapter apply to all common interest communities subject to this chapter, regardless of when the amendments become effective.
[ 2024 c 321 s 201 ; 2018 c 277 s 118 .] |
64.90.090 | Prior condominium statutes.(Effective until January 1, 2028.) | (1) Chapter 64.32 RCW does not apply to condominiums created on or after July 1, 1990, and except as otherwise provided in subsection (2) of this section, chapter 64.34 RCW does not apply to condominiums created on or after July 1, 2018. (2) RCW 64.34.405 , 64.34.410 , 64.34.415 , 64.34.417 , 64.34.418 , and 64.34.420 ... |
64.90.100 | Common interest communities, nonresidential and mixed-use. | (1) A plat community, miscellaneous community, or cooperative in which all the units are restricted exclusively to nonresidential use is not subject to this chapter except to the extent the declaration provides that: (a) This entire chapter applies to the community; (b) RCW 64.90.010 through 64.90.325 and 64.90.900 app... |
64.90.105 | Common interest communities, out-of-state. | This chapter does not apply to a common interest community located outside this state, but RCW 64.90.605 and 64.90.610 , and, to the extent applicable, RCW 64.90.615 and 64.90.620 , apply to a contract for the disposition of a unit in that common interest community signed in this state by any party unless exempt under ... |
64.90.110 | Exempt real estate arrangements. | (1) An arrangement between the associations for two or more common interest communities to share the costs of real estate taxes, insurance premiums, services, maintenance or improvements of real estate, or other activities specified in their arrangement or declarations does not create a separate common interest communi... |
64.90.115 | Other exempt covenants. | An easement or covenant that requires the owners of separately owned parcels of real estate to share costs or other obligations associated with a party wall, driveway, well, or other similar use does not create a common interest community.
[ 2018 c 277 s 124 .] |
64.90.200 | Common interest communities, creation of. | (1)(a) A common interest community may be created under this chapter only by (i) recording a declaration executed in the same manner as a deed, and (ii) recording a map pursuant to RCW 64.90.245 (3), and (iii) with respect to a cooperative, conveying the real estate subject to that declaration to the association. (b) T... |
64.90.205 | Reservation of name. | Upon the filing of a written request with the county office in which the declaration is to be recorded, using a form of written request as may be required by the county office and paying a fee as the county office may establish not in excess of fifty dollars, a person may reserve the exclusive right to use a particular... |
64.90.210 | Unit boundaries. | Except as provided by the declaration or, in the case of a plat community or miscellaneous community, by the map: (1)(a) If walls, floors, or ceilings are designated as boundaries of a unit, all lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring, and any other material... |
64.90.215 | Construction and validity of governing documents. | (1) All provisions of the governing documents are severable. If any provision of a governing document, or its application to any person or circumstances, is held invalid, the remainder of the governing document or application to other persons or circumstances is not affected. (2) The rule against perpetuities may not b... |
64.90.220 | Description of units. | (1) In a condominium or a cooperative, a description of a unit that sets forth the name of the common interest community, the recording data for the declaration, the county and state in which the common interest community is located, and the identifying number of the unit is a legally sufficient description of that uni... |
64.90.225 | Declaration—Contents. | (1) The declaration must contain: (a) The names of the common interest community and the association and, immediately following the initial recital of the name of the community, a statement that the common interest community is a condominium, cooperative, plat community, or miscellaneous community; (b) A legal descript... |
64.90.230 | Leasehold common interest communities. | (1) Any lease the expiration or termination of which may terminate the common interest community or reduce its size, or a memorandum of the lease, must be recorded. Every lessor of these leases in a condominium, plat community, or miscellaneous community must sign the declaration. The declaration must state: (a) The re... |
64.90.235 | Allocated interests. | (1) The declaration must allocate to each unit: (a) In a condominium, 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; (b) In a cooperative, an ownership interest in the association, a fraction or percenta... |
64.90.240 | Limited common elements. | (1)(a) Except for the limited common elements described in RCW 64.90.210 (1)(b) and (3), the declaration must specify to which unit or units each limited common element is allocated. (b) An allocation of a limited common element may not be altered without the consent of the owners of the units from which and to which t... |
64.90.245 | Maps—Exception—Amendments—Requirements—Recording. | (1) A map is required for all common interest communities. For purposes of this chapter, a map must be construed as part of the declaration. (2) With the exception of subsections (1), (3), (4), and (14) of this section, this section does not apply to a plat as defined in RCW 58.17.020 . (3) The map for a common interes... |
64.90.250 | Development rights. | (1) To exercise any development right reserved under RCW 64.90.225 (1)(g), the declarant must prepare, execute, and record any amendments to the declaration and map in accordance with the requirements of RCW 64.90.245 and 64.90.285 (3). The declarant is the unit owner of any units created. The amendment to the declarat... |
64.90.255 | Common elements and units—Alterations. | Subject to the provisions of the governing documents and other provisions of law, a unit owner: (1) May make any improvements or alterations to the unit owner's unit that do not impair the structural integrity or mechanical or electrical systems or lessen the support of any portion of the common interest community; (2)... |
64.90.260 | Unit boundaries—Relocation. | (1) Subject to the provisions of the declaration, RCW 64.90.255 , and other provisions of law, the boundaries between adjoining units may be relocated upon application to the board by the unit owners of those units and upon approval by the board pursuant to this section. The application must include plans showing the r... |
64.90.265 | Subdivision and combination of units. | (1) Unless prohibited in the declaration, subject to the provisions of the declaration, RCW 64.90.255 , and other provisions of law, a unit may be subdivided into two or more units upon application to the association by the unit owner of the unit and upon approval by the board pursuant to this section. The application ... |
64.90.270 | Monuments as boundaries. | (1) Except as provided in subsection (2) of this section, if the construction, reconstruction, or alteration of a building or the vertical or lateral movement of a building results in an encroachment due to a divergence between the existing physical boundaries of a unit and the boundaries described in the declaration u... |
64.90.275 | Sales purposes. | (1) A declarant may maintain sales offices, management offices, and models in units or on common elements in the common interest community only if the declaration so provides. In a cooperative or condominium, any sales office, management office, or model not designated a unit by the declaration is a common element. (2)... |
64.90.280 | Easement and use. | (1) Subject to the declaration, a declarant has an easement through the common elements as may be reasonably necessary for the purpose of discharging the declarant's obligations or exercising special declarant rights, whether arising under this chapter or reserved in the declaration. (2) Subject to RCW 64.90.405 (2)(f)... |
64.90.285 | Amendment of declaration. | (1)(a) Except in cases of amendments that may be executed by: A declarant under subsection (9) of this section, RCW 64.90.240 (2), 64.90.245 (12), 64.90.250 , or 64.90.415 (2)(d); the association under RCW 64.90.030 , 64.90.230 (5), 64.90.260 , 64.90.265 , or 64.90.511 or subsection (10) of this section; or certain uni... |
64.90.290 | Termination. | (1) Except for a taking of all the units by condemnation, foreclosure against an entire cooperative of a security interest that has priority over the declaration, or in the circumstances described in RCW 64.90.325 , a common interest community may be terminated only by agreement of unit owners of units to which at leas... |
64.90.295 | Rights of secured lenders. | (1) The declaration may require that all or a specified number or percentage of the lenders who hold security interests encumbering the units or who have extended credit to the association approve specified actions of the unit owners or the association as a condition to the effectiveness of those actions, but no requir... |
64.90.300 | Master association. | (1) A declaration may: (a) Delegate a power under RCW 64.90.405 from the unit owners association to a master association; (b) Provide for exercise of the powers under RCW 64.90.405 by a master association that also serves as the unit owners association for the common interest community; and (c) Reserve a special declar... |
64.90.305 | Delegation of power to subassociations. | (1)(a) If the declaration provides that any of the powers described in RCW 64.90.405 are to be exercised by or may be delegated to a for-profit corporation or limited liability company that exercises those or other powers on behalf of unit owners owning less than all of the units in a common interest community, and if ... |
64.90.310 | Merger or consolidation. | (1) Any two or more common interest communities may be merged or consolidated under subsection (2) of this section into a single common interest community by agreement of the unit owners or exercise of a special declarant right. In the event of a merger or consolidation, unless the agreement otherwise provides, the res... |
64.90.315 | Addition of unspecified real estate. | In a plat community or miscellaneous community, if the right is originally reserved in the declaration, the declarant, in addition to any other development right, may amend the declaration at any time during as many years as are specified in the declaration for adding additional real estate to the plat community or mis... |
64.90.320 | Large scale communities. | (1) The declaration for a common interest community may state that it is a large scale community if the declarant has reserved the development right to create at least five hundred units that may be used for residential purposes and, at the time of the reservation, that declarant owns or controls more than five hundred... |
64.90.325 | Judicial termination. | (1) If substantially all the units in a common interest community have been destroyed or abandoned or are uninhabitable and the available methods for giving notice under RCW 64.90.515 of a meeting of unit owners to consider termination under RCW 64.90.290 will not likely result in receipt of the notice, the board or an... |
64.90.340 | New interests minimum density. | Declarations and governing documents of a common interest community 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 .
... |
64.90.350 | New common interest communities—Accessory dwelling units. | (1) Except declarations and governing documents of common interest communities created to protect public health and safety, and ground and surface waters from on-site wastewater, declarations and governing documents of common interest communities created after July 23, 2023, and applicable to a property located within ... |
64.90.360 | Common interest communities. | *** CHANGE IN 2026 *** (SEE 2354-S.SL ) ***
(1) Except as provided otherwise in this section, RCW 64.90.365 and 64.90.375 , this chapter applies to all common interest communities. (2) Before January 1, 2028, this chapter applies only to: (a) A common interest community created on or after July 1, 2018; and (b) A commo... |
64.90.365 | Common interest communities—Exceptions.(Effective until January 1, 2026.) | (1) Except for a plat community or miscellaneous community described in RCW 64.90.360 (4) and a nonresidential or mixed-use common interest community described in RCW 64.90.100 , the following sections apply to a common interest community created before July 1, 2018, and any inconsistent provisions of *chapter 58.19 , ... |
64.90.370 | Election of preexisting common interest communities, plat communities, miscellaneous communities. | (1) The declaration of any common interest community created before July 1, 2018, or of a plat community or miscellaneous community described in RCW 64.90.360 (4) may be amended to: (a) Provide that all the sections listed in RCW 64.90.365 (1) apply to the common interest community; or (b) Provide that this chapter wil... |
64.90.375 | Governing documents—Inconsistency. | (1) Except as provided in subsection (2) of this section, if a common interest community created before July 1, 2018, becomes subject to this chapter on January 1, 2028, or earlier, a provision of its governing documents inconsistent with this chapter is invalid unless: (a) The provision is expressly permitted under *R... |
64.90.400 | Unit owners association—Organization. | (1) A unit owners association must be organized no later than the date the first unit in the common interest community is conveyed to a purchaser. (2) The membership of the association at all times consists exclusively of all unit owners or, following termination of the common interest community, of all former unit own... |
64.90.405 | Powers and duties. | (1) An association must: (a) Adopt organizational documents; (b) Adopt budgets as provided in RCW 64.90.525 ; (c) Impose assessments for common expenses on the unit owners as provided in RCW 64.90.480 (1) and 64.90.525 ; (d) Prepare financial statements as provided in RCW 64.90.530 ; and (e) Deposit and maintain the fu... |
64.90.410 | Board members, officers, and committees. | (1)(a) Except as provided otherwise in the governing documents, subsection (4) of this section, or other provisions of this chapter, the board may act on behalf of the association. (b) In the performance of their duties, officers and board members must exercise the degree of care and loyalty to the association required... |
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