SENATE BILL 6042
State of Washington 52nd Legislature 1992 Regular Session
By Senators Nelson and Rasmussen
Read first time 01/13/92. Referred to Committee on Law & Justice.
AN ACT Relating to condominiums; amending RCW 64.34.010, 64.34.020, 64.34.040, 64.34.200, 64.34.204, 64.34.216, 64.34.224, 64.34.228, 64.34.232, 64.34.256, 64.34.268, 64.34.300, 64.34.308, 64.34.324, 64.34.340, 64.34.352, 64.34.372, 64.34.400, 64.34.410, 64.34.415, 64.34.425, 64.34.430, 64.34.440, 64.34.445, and 58.17.040; and adding new sections to chapter 64.34 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 64.34.010 and 1989 c 43 s 1-102 are each amended to read as follows:
(1) This chapter applies to all condominiums created within this state after July 1, 1990. RCW 64.34.040 (separate titles and taxation), RCW 64.34.050 (applicability of local ordinances, regulations, and building codes), RCW 64.34.060 (condemnation), RCW 64.34.208 (construction and validity of declaration and bylaws), RCW 64.34.212 (description of units), RCW 64.34.304(1)(a) through (f) and (k) through (q) (powers of unit owners' association), RCW 64.34.308(1) (board of directors and officers), RCW 64.34.340 (voting--proxies), RCW 64.34.344 (tort and contract liability), RCW 64.34.354 (notification on sale of unit), RCW 64.34.360(3) (common expenses--assessments), RCW 64.34.364 (lien for assessments), RCW 64.34.372 (association records), RCW 64.34.425 (resales of units), RCW 64.34.455 (effect of violation on rights of action; attorney's fees), and RCW 64.34.020 (definitions) to the extent necessary in construing any of those sections, apply to all condominiums created in this state before July 1, 1990; but those sections apply only with respect to events and circumstances occurring after July 1, 1990, and do not invalidate or supersede existing, inconsistent provisions of the declaration, bylaws, or survey maps or plans of those condominiums.
(2) The provisions of chapter 64.32 RCW do not apply to condominiums created after July 1, 1990, and do not invalidate any amendment to the declaration, bylaws, and survey maps and plans of any condominium created before July 1, 1990, if the amendment would be permitted by this chapter. The amendment must be adopted in conformity with the procedures and requirements specified by those instruments and by chapter 64.32 RCW. If the amendment grants to any person any rights, powers, or privileges permitted by this chapter which are not otherwise provided for in the declaration or chapter 64.32 RCW, all correlative obligations, liabilities, and restrictions in this chapter also apply to that person.
(3) This chapter does not apply to condominiums or units located outside this state.
RCW 64.34.400 (applicability--waiver), RCW 64.34.405 (liability for public
offering statement requirements), RCW 64.34.410 (public offering
statement--general provisions), RCW 64.34.415 (public offering statement--conversion
containing conversion buildings), 4-105 (public offering
statement--condominium securities))), RCW 64.34.420 (purchaser's right to
cancel), RCW 64.34.430 (escrow of deposits), RCW 64.34.440 (conversion
condominiums--notice--tenants), and RCW 64.34.455 (effect of violations on
rights of action--attorney's fees) apply with respect to all sales of units
pursuant to purchase agreements entered into after July 1, 1990, in
condominiums created before July 1, 1990, in which as of July 1, 1990,
the declarant or an affiliate of the declarant owns or had the right to
create at least ten units constituting at least twenty percent of the units
in the condominium.
Sec. 2. RCW 64.34.020 and 1990 c 166 s 1 are each amended to read as follows:
In the declaration and bylaws, unless specifically provided otherwise or the context requires otherwise, and in this chapter:
(1) "Affiliate of a declarant" means any person who controls, is controlled by, or is under common control with a declarant. A person "controls" a declarant if the person: (a) Is a general partner, officer, director, or employer of the declarant; (b) directly or indirectly or acting in concert with one or more other persons, or through one or more subsidiaries, owns, controls, holds with power to vote, or holds proxies representing, more than twenty percent of the voting interest in the declarant; (c) controls in any manner the election of a majority of the directors of the declarant; or (d) has contributed more than twenty percent of the capital of the declarant. A person "is controlled by" a declarant if the declarant: (i) Is a general partner, officer, director, or employer of the person; (ii) directly or indirectly or acting in concert with one or more other persons, or through one or more subsidiaries, owns, controls, holds with power to vote, or holds proxies representing, more than twenty percent of the voting interest in the person; (iii) controls in any manner the election of a majority of the directors of the person; or (iv) has contributed more than twenty percent of the capital of the person. Control does not exist if the powers described in this subsection are held solely as security for an obligation and are not exercised.
(2) "Allocated interests" means the undivided interest in the common elements, the common expense liability, and votes in the association allocated to each unit.
(3) "Assessment" means all sums chargeable by the association against a unit including, without limitation: (a) Regular and special assessments for common expenses, charges, and fines imposed by the association; (b) interest and late charges on any delinquent account; and (c) costs of collection, including reasonable attorneys' fees, incurred by the association in connection with the collection of a delinquent owner's account.
(4) "Association" or "unit owners' association" means the unit owners' association organized under RCW 64.34.300.
(5) "Board of directors" means the body, regardless of name, with primary authority to manage the affairs of the association.
(6) "Common elements" means all portions of a condominium other than the units.
(7) "Common expenses" means expenditures made by or financial liabilities of the association, together with any allocations to reserves.
(8) "Common expense liability" means the liability for common expenses allocated to each unit pursuant to RCW 64.34.224.
(9) "Condominium" means real property, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real property is not a condominium unless the undivided interests in the common elements are vested in the unit owners, and unless a declaration and a survey map and plans have been recorded pursuant to this chapter.
(10) "Conversion condominium" means a condominium (a) that at any time before creation of the condominium was lawfully occupied wholly or partially by a tenant or subtenant for residential purposes pursuant to a rental agreement, oral or written, express or implied, for which the tenant or subtenant had not received the notice described in (b) of this subsection; or (b) that, at any time within twelve months before the conveyance of, or acceptance of an agreement to convey, any unit therein other than to a declarant or any affiliate of a declarant, was lawfully occupied wholly or partially by a residential tenant of a declarant or an affiliate of a declarant and such tenant was not notified in writing, prior to lawfully occupying a unit or executing a rental agreement, whichever event first occurs, that the unit was part of a condominium and subject to sale. "Conversion condominium" shall not include a condominium in which, before July 1, 1990, any unit therein had been conveyed or been made subject to an agreement to convey to any transferee other than a declarant or an affiliate of a declarant.
(11) "Conveyance" means any transfer of the ownership of a unit, including a transfer by deed or by real estate contract and, with respect to a unit in a leasehold condominium, a transfer by lease or assignment thereof, but shall not include a transfer solely for security.
"Dealer" means a person who owns or has a right to acquire
either six or more units in a condominium or fifty percent or more of the units
in a condominium ((
which have not previously been disposed of to any person
other than a declarant or a dealer)) containing more than two units.
(13) "Declarant" means any person or group of persons acting in concert who (a) executes as declarant a declaration as defined in subsection (15) of this section, or (b) reserves or succeeds to any special declarant right under the declaration.
(14) "Declarant control" means the right of the declarant or persons designated by the declarant to appoint and remove officers and members of the board of directors, or to veto or approve a proposed action of the board or association, pursuant to RCW 64.34.308 (4) or (5).
(15) "Declaration" means the document, however denominated, that creates a condominium by setting forth the information required by RCW 64.34.216 and any amendments to that document.
"Development rights" means any right or combination of rights
reserved by a declarant in the declaration to: (a) Add real property or
improvements to a condominium; (b) create units, common elements, or limited
common elements within real property included or added to a condominium; (c)
subdivide units or convert units into common elements; ((
withdraw real property from a condominium; or (e) reallocate limited common
elements with respect to units that have not been conveyed by the declarant.
(17) "Dispose" or "disposition" means a voluntary transfer or conveyance to a purchaser or lessee of any legal or equitable interest in a unit, but does not include the transfer or release of a security interest.
(18) "Eligible mortgagee" means the holder of a mortgage on a unit that has filed with the secretary of the association a written request that it be given copies of notices of any action by the association that requires the consent of mortgagees.
(19) "Foreclosure" means a forfeiture or judicial or nonjudicial foreclosure of a mortgage or a deed in lieu thereof.
"Identifying number" means ((
a symbol or address that identifies
only one)) the designation of each unit in a condominium.
(21) "Leasehold condominium" means a condominium in which all or a portion of the real property is subject to a lease, the expiration or termination of which will terminate the condominium or reduce its size.
(22) "Limited common element" means a portion of the common elements allocated by the declaration or by operation of RCW 64.34.204 (2) or (4) for the exclusive use of one or more but fewer than all of the units.
(23) "Master association" means an organization described in RCW 64.34.276, whether or not it is also an association described in RCW 64.34.300.
(24) "Mortgage" means a mortgage, deed of trust or real estate contract.
(25) "Person" means a natural person, corporation, partnership, limited partnership, trust, governmental subdivision or agency, or other legal entity.
(26) "Purchaser" means any person, other than a declarant or a dealer, who by means of a disposition acquires a legal or equitable interest in a unit other than (a) a leasehold interest, including renewal options, of less than twenty years at the time of creation of the unit, or (b) as security for an obligation.
(27) "Real property" means any fee, leasehold or other estate or interest in, over, or under land, including structures, fixtures, and other improvements thereon and easements, rights and interests appurtenant thereto which by custom, usage, or law pass with a conveyance of land although not described in the contract of sale or instrument of conveyance. "Real property" includes parcels, with or without upper or lower boundaries, and spaces that may be filled with air or water.
(28) "Residential purposes" means use for dwelling or recreational purposes, or both.
"Special declarant rights" means rights reserved for the benefit of a
declarant to: (a) Complete improvements indicated on survey maps and plans
filed with the declaration under RCW 64.34.232; (b) exercise any development
right under RCW 64.34.236; (c) maintain sales offices, management offices,
signs advertising the condominium, and models under RCW 64.34.256; (d) use
easements through the common elements for the purpose of making improvements
within the condominium or within real property which may be added to the
condominium under RCW 64.34.260; (e) make the condominium part of a larger
condominium or a development under RCW ((
(f) make the condominium subject to a master association under RCW 64.34.276;
or (g) appoint or remove any officer of the association or any master
association or any member of the board of directors, or to veto or approve a
proposed action of the board or association, during any period of declarant
control under RCW 64.34.308(( (3))) (4).
(30) "Timeshare" shall have the meaning specified in the timeshare act, RCW 64.36.010(11).
(31) "Unit" means a physical portion of the condominium designated for separate ownership, the boundaries of which are described pursuant to RCW 64.34.216(1)(d). "Separate ownership" includes leasing a unit in a leasehold condominium under a lease that expires contemporaneously with any lease, the expiration or termination of which will remove the unit from the condominium.
(32) "Unit owner" means a declarant or other person who owns a unit or leases a unit in a leasehold condominium under a lease that expires simultaneously with any lease, the expiration or termination of which will remove the unit from the condominium, but does not include a person who has an interest in a unit solely as security for an obligation. "Unit owner" means the vendee, not the vendor, of a unit under a real estate contract.
Sec. 3. RCW 64.34.040 and 1989 c 43 s 1-105 are each amended to read as follows:
(1) If there is any unit owner other than a declarant, each unit that has been created, together with its interest in the common elements, constitutes for all purposes a separate parcel of real property.
(2) If there is any unit owner other than a declarant, each unit together with its interest in the common elements must be separately taxed and assessed.
If a development right has an ascertainable market value, the
development right shall constitute a separate parcel of real property for property
tax purposes and must be separately taxed and assessed to the declarant.
(4) If there is no unit owner other than a declarant, the real property comprising the condominium may be taxed and assessed in any manner provided by law.
Sec. 4. RCW 64.34.200 and 1990 c 166 s 2 are each amended to read as follows:
(1) A condominium may be created pursuant to this chapter only by recording a declaration executed by the owner of the interest subject to this chapter in the same manner as a deed and by simultaneously recording a survey map and plans pursuant to RCW 64.34.232. The declaration and survey map and plans must be recorded in every county in which any portion of the condominium is located, and the condominium shall not have the same name as any other existing condominium, whether created under this chapter or under chapter 64.32 RCW, in any county in which the condominium is located.
(2) A declaration or an amendment to a declaration adding units to a condominium may not be recorded unless (a) all structural components and mechanical systems of all buildings containing or comprising any units thereby created are substantially completed as evidenced by a recorded certificate of completion executed by the declarant which certificate may be included in the declaration or the amendment, the survey map and plans to be recorded pursuant to RCW 64.34.232, or a separately recorded written instrument, and (b) all horizontal and vertical boundaries of such units are substantially completed in accordance with the plans required to be recorded by RCW 64.34.232, as evidenced by a recorded certificate of completion executed by a licensed surveyor.
NEW SECTION. Sec. 5. A new section is added to chapter 64.34 RCW to read as follows:
Upon the filing of a written request with the county office in which the declaration is to be recorded, using such form of written request as may be required by the county office and paying such fee as the county office may establish not in excess of fifty dollars, a person may reserve the exclusive right to use a particular name for a condominium to be created in that county. The name being reserved shall not be identical to any other condominium or subdivision plat located in that county, and such name reservation shall automatically lapse unless within three hundred sixty-five days from the date on which the name reservation is filed the person reserving that name either records a declaration using the reserved name or files a new name reservation request.
Sec. 6. RCW 64.34.204 and 1989 c 43 s 2-102 are each amended to read as follows:
Except as provided by the declaration:
The walls, floors, or ceilings are (( designated as)) the
boundaries of a unit, and all lath, furring, wallboard, plasterboard,
plaster, paneling, tiles, wallpaper, paint, finished flooring, and any other
materials constituting any part of the finished surfaces thereof are a part of
the unit, and all other portions of the walls, floors, or ceilings are a part
of the common elements.
(2) If any chute, flue, duct, wire, conduit, bearing wall, bearing column, or any other fixture lies partially within and partially outside the designated boundaries of a unit, any portion thereof serving only that unit is a limited common element allocated solely to that unit, and any portion thereof serving more than one unit or any portion of the common elements is a part of the common elements.
(3) Subject to the provisions of subsection (2) of this section, all spaces, interior partitions, and other fixtures and improvements within the boundaries of a unit are a part of the unit.
(4) Any shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, patios, and all exterior doors and windows or other fixtures designed to serve a single unit, but which are located outside the unit's boundaries, are limited common elements allocated exclusively to that unit.
Sec. 7. RCW 64.34.216 and 1989 c 43 s 2-105 are each amended to read as follows:
(1) The declaration for a condominium must contain:
(a) The name of the condominium, which must include the word "condominium" or be followed by the words "a condominium," and the name of the association;
(b) A legal description of the real property included in the condominium;
statement of the number of units which the declarant has created and ((
the right to create)), if the declarant has reserved the right to create
additional units, the number of such additional units;
(d) The identifying number of each unit created by the declaration and a description of the boundaries of each unit if and to the extent they are different from the boundaries stated in RCW 64.34.204(1);
(e) With respect to each existing unit:
(i) The approximate square footage;
(ii) The number of bathrooms, whole or partial;
(iii) The number of rooms designated primarily as bedrooms;
(iv) The number of built-in fireplaces; and
The level or levels on which each unit is located((
; and (vi)
The type of heat and heat service)).
The data described in (ii), (iii), and (iv) of this subsection (1)(e) may be omitted with respect to units restricted to nonresidential use;
(f) The number of parking spaces and whether covered, uncovered, or enclosed;
(g) The number of moorage slips, if any;
description of any limited common elements, other than those specified in RCW
64.34.204 (2) and (4) ((
and 64.34.228 (2) and (3))), as provided in RCW
description of any real property((
, except real property subject to
development rights,)) which may be allocated subsequently by the
declarant as limited common elements, other than limited common elements
specified in RCW 64.34.204 (2) and (4) (( and 64.34.228 (2) and (3))),
together with a statement that they may be so allocated;
description of any development rights and other special declarant rights under
RCW 64.34.020(29) reserved by the declarant, together with a ((
description of the real property to which (( each of those)) the
development rights (( applies)) apply, and a time limit within
which each of those rights must be exercised;
(k) If any development right may be exercised with respect to different parcels of real property at different times, a statement to that effect together with: (i) Either a statement fixing the boundaries of those portions and regulating the order in which those portions may be subjected to the exercise of each development right, or a statement that no assurances are made in those regards; and (ii) a statement as to whether, if any development right is exercised in any portion of the real property subject to that development right, that development right must be exercised in all or in any other portion of the remainder of that real property;
(l) Any other conditions or limitations under which the rights described in (j) of this subsection may be exercised or will lapse;
(m) An allocation to each unit of the allocated interests in the manner described in RCW 64.34.224;
(n) Any restrictions in the declaration on use, occupancy, or alienation of the units;
(o) A cross-reference by recording number to the survey map and plans for the units created by the declaration; and
(p) All matters required or permitted by RCW 64.34.220 through 64.34.232, 64.34.256, 64.34.260, 64.34.276, and 64.34.308(4).
(2) All amendments to the declaration shall contain a cross-reference by recording number to the declaration and to any prior amendments thereto. All amendments to the declaration adding units shall contain a cross-reference by recording number to the survey map and plans relating to the added units and set forth all information required by RCW 64.34.216(1) with respect to the added units.
(3) The declaration may contain any other matters the declarant deems appropriate.
Sec. 8. RCW 64.34.224 and 1989 c 43 s 2-107 are each amended to read as follows:
(1) The declaration shall allocate a fraction or percentage of undivided interests in the common elements and in the common expenses of the association, and a portion of the votes in the association, to each unit and state the formulas or methods used to establish those allocations. Those allocations may not discriminate in favor of units owned by the declarant or an affiliate of the declarant.
(2) If units may be added to or withdrawn from the condominium, the declaration shall state the formulas or methods to be used to reallocate the allocated interests among all units included in the condominium after the addition or withdrawal.
(3) The declaration may provide: (a) For cumulative voting only for the purpose of electing members of the board of directors; and (b) for class voting on specified issues affecting the class if necessary to protect valid interests of the class. A declarant may not utilize cumulative or class voting for the purpose of evading any limitation imposed on declarants by this chapter, nor may units constitute a class because they are owned by a declarant.
(4) Except for minor variations due to rounding, the sum of the undivided interests in the common elements and common expense liabilities allocated at any time to all the units must each equal one if stated as fractions or one hundred percent if stated as percentages. In the event of discrepancy between an allocated interest and the result derived from application of the pertinent formula, the allocated interest prevails.
(5) Except where permitted by other sections of this chapter, the common elements are not subject to partition, and any purported conveyance, encumbrance, judicial sale, or other voluntary or involuntary transfer of an undivided interest in the common elements made without the unit to which that interest is allocated is void.
Sec. 9. RCW 64.34.228 and 1989 c 43 s 2-108 are each amended to read as follows:
(1) Except for the limited common elements described in RCW 64.34.204 (2) and (4), the declaration shall specify to which unit or units each limited common element is allocated.
(2) Except in the case of a reallocation being made by a declarant pursuant to a development right reserved in the declaration, a limited common element may only be reallocated between units with the approval of the board of directors and by an amendment to the declaration executed by the owners of the units to which the limited common element was and will be allocated. The board of directors shall approve the request of the owner or owners under this subsection within thirty days, or within such other period provided by the declaration, unless the proposed reallocation does not comply with this chapter or the declaration. The failure of the board of directors to act upon a request within such period shall be deemed approval thereof. The amendment shall be recorded in the names of the parties and of the condominium.
Unless otherwise provided in the declaration, ((
sixty-seven percent of))
the (( unit)) owners of units to which at least sixty-seven percent of
the votes are allocated, including the owner of the unit to which the
limited common element will be assigned or incorporated, must agree to
reallocate a common element as a limited common element or to incorporate a common
element or a limited common element into an existing unit. Such
reallocation or incorporation shall be reflected in an amendment to the
declaration, survey map, or plans.
Sec. 10. RCW 64.34.232 and 1989 c 43 s 2-109 are each amended to read as follows:
(1) A survey map and plans executed by the declarant shall be recorded simultaneously with, and contain cross-references by recording number to, the declaration and any amendments. The survey map and plans must be clear and legible and contain a certification by the person making the survey or the plans that all information required by this section is supplied. All plans filed shall be in such style, size, form and quality as shall be prescribed by the recording authority of the county where filed, and a copy shall be delivered to the county assessor.
(2) Each survey map shall show or state:
(a) The name of the condominium and a legal description and a survey of the land in the condominium and of any land that may be added to the condominium;
(b) The boundaries of all land not subject to development rights, or subject only to the development right to withdraw, and the location and dimensions of all existing buildings containing units on that land;
The boundaries of any land subject to development rights, labeled ((
identify the rights applicable to each parcel)) "SUBJECT TO
DEVELOPMENT RIGHTS SET FORTH IN THE DECLARATION"; any land that may be
added to the condominium shall also be labeled "MAY BE ADDED TO THE
CONDOMINIUM"; any land that may be withdrawn from the condominium shall
also be labeled "MAY BE WITHDRAWN FROM THE CONDOMINIUM";
(d) The extent of any encroachments by or upon any portion of the condominium;
(e) To the extent feasible, the location and dimensions of all recorded easements serving or burdening any portion of the condominium and any unrecorded easements of which a surveyor knows or reasonably should have known, based on standard industry practices, while conducting the survey;
(f) The location and dimensions of any vertical unit boundaries not shown or projected on plans recorded pursuant to subsection (4) of this section and that unit's identifying number;
(g) The location with reference to an established datum of any horizontal unit boundaries not shown or projected on plans recorded pursuant to subsection (4) of this section and that unit's identifying number;
(h) The location and dimensions of any real property in which the unit owners will own only an estate for years, labeled as "leasehold real property";
(i) The distance between any noncontiguous parcels of real property comprising the condominium;
(j) The general location of any existing principal common amenities listed in a public offering statement pursuant to RCW 64.34.410(1)(i) and any limited common elements, including limited common element porches, balconies, patios, parking spaces, and storage facilities, but not including the other limited common elements described in RCW 64.34.204 (2) and (4);
(k) In the case of real property not subject to development rights, all other matters customarily shown on land surveys.
(3) A survey map may also show the intended location and dimensions of any contemplated improvement to be constructed anywhere within the condominium. Any contemplated improvement shown must be labeled either "MUST BE BUILT" or "NEED NOT BE BUILT."
(4) To the extent not shown or projected on the survey map, plans of the existing units must show or project:
(a) The location and dimensions of the vertical boundaries of each unit, and that unit's identifying number;
(b) Any horizontal unit boundaries, with reference to an established datum, and that unit's identifying number; and
(c) Any units in which the declarant has reserved the right to create additional units or common elements under RCW 64.34.236(3), identified appropriately.
(5) Unless the declaration provides otherwise, the horizontal boundaries of part of a unit located outside of a building have the same elevation as the horizontal boundaries of the inside part and in such case need not be depicted on the survey map and plans.
(6) Upon exercising any development right, the declarant shall record either a new survey map and plans necessary to conform to the requirements of subsections (1), (2), and (3) of this section or new certifications of a survey map and plans previously recorded if the documents otherwise conform to the requirements of those subsections.
(7) Any survey map, plan, or certification required by this section shall be made by a licensed surveyor.
(8) The survey map and plans need not show the thickness of walls, ceilings, and floors constituting the vertical and horizontal boundaries of units.
Sec. 11. RCW 64.34.256 and 1989 c 43 s 2-115 are each amended to read as follows:
declarant may maintain sales offices, management offices, and models in units
or on common elements in the condominium only if the declaration so provides
and specifies the rights of a declarant with regard to the number, ((
location, and relocation thereof. Any sales office, management office, or
model not designated a unit by the declaration is a common element and, if a
declarant ceases to be a unit owner, the declarant ceases to have any rights
with regard thereto unless it is removed promptly from the condominium in
accordance with a right to remove reserved in the declaration. Subject to any
limitations in the declaration, a declarant may maintain signs on the common
elements advertising the condominium. The provisions of this section are
subject to the provisions of other state law and to local ordinances.
Sec. 12. RCW 64.34.268 and 1989 c 43 s 2-118 are each amended to read as follows:
(1) Except in the case of a taking of all the units by condemnation under RCW 64.34.060, a condominium may be terminated only by agreement of unit owners of units to which at least eighty percent of the votes in the association are allocated, or any larger percentage the declaration specifies: PROVIDED, That the declaration may specify a smaller percentage only if all of the units in the condominium are restricted exclusively to nonresidential uses.
(2) An agreement to terminate must be evidenced by the execution of a termination agreement or ratifications thereof, in the same manner as a deed, by the requisite number of unit owners. The termination agreement must specify a date after which the agreement will be void unless it is recorded before that date and shall contain a description of the manner in which the creditors of the association will be paid or provided for. A termination agreement and all ratifications thereof must be recorded in every county in which a portion of the condominium is situated and is effective only upon recording. A termination agreement may be amended by complying with all of the requirements of this section.
(3) A termination agreement may provide that all the common elements and units of the condominium shall be sold following termination. If, pursuant to the agreement, any real property in the condominium is to be sold following termination, the termination agreement must set forth the minimum terms of the sale.
(4) The association, on behalf of the unit owners, may contract for the sale of real property in the condominium, but the contract is not binding on the unit owners until approved pursuant to subsections (1) and (2) of this section. If any real property in the condominium is to be sold following termination, title to that real property, upon termination, vests in the association as trustee for the holders of all interests in the units. Thereafter, the association has all powers necessary and appropriate to effect the sale. Until the sale has been concluded and the proceeds thereof distributed, the association continues in existence with all powers it had before termination. Proceeds of the sale must be distributed to unit owners and lien holders as their interests may appear, in proportion to the respective interests of unit owners as provided in subsection (7) of this section. Unless otherwise specified in the termination agreement, as long as the association holds title to the real property, each unit owner and the owner's successors in interest have an exclusive right to occupancy of the portion of the real property that formerly constituted the owner's unit. During the period of that occupancy, each unit owner and the owner's successors in interest remain liable for all assessments and other obligations imposed on unit owners by this chapter or the declaration.
(5) If the real property constituting the condominium is not to be sold following termination, title to all the real property in the condominium vests in the unit owners upon termination as tenants in common in proportion to their respective interests as provided in subsection (7) of this section, and liens on the units shift accordingly. While the tenancy in common exists, each unit owner and the owner's successors in interest have an exclusive right to occupancy of the portion of the real property that formerly constituted the owner's unit.
(6) Following termination of the condominium, the proceeds of any sale of real property, together with the assets of the association, are held by the association as trustee for unit owners and holders of liens on the units and creditors of the association as their interests may appear. No such proceeds or assets may be disbursed to the owners until all of the creditors of the association have been paid or provided for. Following termination, creditors of the association holding liens on the units, which were recorded or perfected under RCW 4.64.020 before termination, may enforce those liens in the same manner as any lien holder.
(7) The respective interests of unit owners referred to in subsections (4), (5), and (6) of this section are as follows:
(a) Except as provided in (b) of this subsection, the respective interests of unit owners are the fair market values of their units, limited common elements, and common element interests immediately before the termination, as determined by one or more independent appraisers selected by the association. The decision of the independent appraisers shall be distributed to the unit owners and becomes final unless disapproved, within thirty days after distribution, by unit owners of units to which twenty-five percent of the votes in the association are allocated. The proportion of any unit owner's interest to that of all unit owners is determined by dividing the fair market value of that unit owner's unit and common element interest by the total fair market values of all the units and common elements.
(b) If any unit or any limited common element is destroyed to the extent that an appraisal of the fair market value thereof before destruction cannot be made, the interests of all unit owners are their respective common element interests immediately before the termination.
(8) Except as provided in subsection (9) of this section, foreclosure or enforcement of a lien or encumbrance against the entire condominium does not of itself terminate the condominium, and foreclosure or enforcement of a lien or encumbrance against a portion of the condominium, other than withdrawable real property, does not withdraw that portion from the condominium. Foreclosure or enforcement of a lien or encumbrance against withdrawable real property does not of itself withdraw that real property from the condominium, but the person taking title thereto has the right to require from the association, upon request, an amendment excluding the real property from the condominium.
a lien or encumbrance against a portion of the real property that is withdrawable
from the condominium has priority over the declaration, and the lien or
encumbrance has not been partially released as to a unit, the ((
foreclosing the lien or encumbrance)) purchaser at the foreclosure or
such purchaser's successors may, upon foreclosure, record an instrument (( excluding))
exercising the right to withdraw the real property subject to that lien
or encumbrance from the condominium. The board of directors shall reallocate
interests as if the foreclosed portion were condemned.
(10) The right of partition under chapter 7.52 RCW shall be suspended if an agreement to sell the property is provided for in the termination agreement pursuant to subsection (3) of this section. The suspension of the right to partition shall continue unless and until no binding obligation to sell exists three months after the recording of the termination agreement, the binding sale agreement is terminated, or one year after the termination agreement is recorded, whichever first occurs.
NEW SECTION. Sec. 13. A new section is added to chapter 64.34 RCW to read as follows:
(1) If the declaration provides that any of the powers described in RCW 64.34.304 are to be exercised by or may be delegated to a profit or nonprofit corporation that exercises those or other powers on behalf of unit owners owning less than all of the units in a condominium, and where those unit owners share the exclusive use of one or more limited common elements within the condominium or share some property or other interest in the condominium in common that is not shared by the remainder of the unit owners in the condominium, all provisions of this chapter applicable to unit owners' associations apply to any such corporation, except as modified by this section. The delegation of powers to a subassociation shall not be used to discriminate in favor of units owned by the declarant or an affiliate of the declarant.
(2) A subassociation may exercise the powers set forth in RCW 64.34.304(1) only to the extent expressly permitted by the declaration of the condominium of which the units in the subassociation are a part of or expressly described in the delegations of power from that condominium to the subassociation.
(3) If the declaration of any condominium contains a delegation of certain powers to a subassociation, or provides that the board of directors of the condominium may make such a delegation, the members of the board of directors have no liability for the acts or omissions of the subassociation with respect to those powers so exercised by the subassociation following delegation.
(4) The rights and responsibilities of unit owners with respect to the unit owners' association set forth in RCW 64.34.300 through 64.34.376 apply to the conduct of the affairs of a subassociation.
(5) Notwithstanding the provisions of RCW 64.34.308(6) with respect to the election of the board of directors of an association by all unit owners after the period of declarant control ends, the board of directors of the subassociation shall be elected after the period of declarant control by the unit owners of all of the units in the condominium subject to the subassociation.
(6) The declaration of the condominium creating the subassociation may provide that the authority of the board of directors of the subassociation is exclusive with regard to the powers and responsibilities delegated to it. In the alternative, the declaration may provide as to some or all such powers that the authority of the board of directors of a subassociation is concurrent with and subject to the authority of the board of directors of the unit owners' association, in which case the declaration shall also contain standards and procedures for the review of the decisions of the board of directors of the subassociation and procedures for resolving any dispute between the board of the unit owners' association and the board of the subassociation.
Sec. 14. RCW 64.34.300 and 1989 c 43 s 3-101 are each amended to read as follows:
owners' association shall be organized no later than the date the first unit in
the condominium is conveyed. The membership of the association at all times
shall consist exclusively of all the unit owners. Following termination of the
condominium, the membership of the association shall consist of all of the unit
owners at the time of termination entitled to distributions of proceeds under
RCW 64.34.268 or their heirs, successors, or assigns. The association shall be
organized as a profit or nonprofit corporation. In case of any conflict
between Title ((
23A)) 23B RCW, the business corporation act,
chapter 24.03 RCW, the nonprofit corporation act, or chapter 24.06 RCW, the
nonprofit miscellaneous and mutual corporations act, and this chapter, this
chapter shall control.
Sec. 15. RCW 64.34.308 and 1989 c 43 s 3-103 are each amended to read as follows:
(1) Except as provided in the declaration, the bylaws, subsection (2) of this section, or other provisions of this chapter, the board of directors shall act in all instances on behalf of the association. In the performance of their duties, the officers and members of the board of directors are required to exercise: (a) If appointed by the declarant, the care required of fiduciaries of the unit owners; or (b) if elected by the unit owners, ordinary and reasonable care.
(2) The board of directors shall not act on behalf of the association to amend the declaration in any manner that requires the vote or approval of the unit owners pursuant to RCW 64.34.264, to terminate the condominium pursuant to RCW 64.34.268, or to elect members of the board of directors or determine the qualifications, powers, and duties, or terms of office of members of the board of directors pursuant to subsection (6) of this section; but the board of directors may fill vacancies in its membership for the unexpired portion of any term.
(3) Within thirty days after adoption of any proposed budget for the condominium, the board of directors shall provide a summary of the budget to all the unit owners and shall set a date for a meeting of the unit owners to consider ratification of the budget not less than fourteen nor more than sixty days after mailing of the summary. Unless at that meeting the owners of units to which a majority of the votes in the association are allocated or any larger percentage specified in the declaration reject the budget, the budget is ratified, whether or not a quorum is present. In the event the proposed budget is rejected or the required notice is not given, the periodic budget last ratified by the unit owners shall be continued until such time as the unit owners ratify a subsequent budget proposed by the board of directors.
(4)(a) Subject to subsection (5) of this section, the declaration may provide for a period of declarant control of the association, during which period a declarant, or persons designated by the declarant, may: (i) Appoint and remove the officers and members of the board of directors; or (ii) veto or approve a proposed action of the board or association. A declarant's failure to veto or approve such proposed action in writing within thirty days after receipt of written notice of the proposed action shall be deemed approval by the declarant.
Regardless of the period provided in the declaration, a period of declarant
control terminates no later than the earlier of: ((
Sixty days after conveyance of seventy-five percent of the units which may be
created to unit owners other than a declarant; (( (b))) (ii) two
years after the last conveyance or transfer of record of a unit except as
security for a debt; (( (c))) (iii) two years after any
development right to add new units was last exercised; or (( (d))) (iv)
the date on which the declarant records an amendment to the declaration
pursuant to which the declarant voluntarily surrenders the right to further
appoint and remove officers and members of the board of directors. A declarant
may voluntarily surrender the right to appoint and remove officers and members
of the board of directors before termination of that period pursuant to (( (a),
(b), and (c))) (i), (ii), and (iii) of this subsection (4)(b),
but in that event the declarant may require, for the duration of the period of
declarant control, that specified actions of the association or board of
directors, as described in a recorded instrument executed by the declarant, be
approved by the declarant before they become effective.
(5) Not later than sixty days after conveyance of twenty-five percent of the units which may be created to unit owners other than a declarant, at least one member and not less than twenty-five percent of the members of the board of directors must be elected by unit owners other than the declarant. Not later than sixty days after conveyance of fifty percent of the units which may be created to unit owners other than a declarant, not less than thirty-three and one-third percent of the members of the board of directors must be elected by unit owners other than the declarant.
(6) Within thirty days after the termination of any period of declarant control, the unit owners shall elect a board of directors of at least three members, at least a majority of whom must be unit owners. The number of directors need not exceed the number of units then in the condominium. The board of directors shall elect the officers. Such members of the board of directors and officers shall take office upon election.
(7) Notwithstanding any provision of the declaration or bylaws to the contrary, the unit owners, by a two-thirds vote of the voting power in the association present and entitled to vote at any meeting of the unit owners at which a quorum is present, may remove any member of the board of directors with or without cause, other than a member appointed by the declarant. The declarant may not remove any member of the board of directors elected by the unit owners. Prior to the termination of the period of declarant control, the unit owners, other than the declarant, may remove by a two-thirds vote, any director elected by the unit owners.
Sec. 16. RCW 64.34.324 and 1989 c 43 s 3-107 are each amended to read as follows:
(1) Unless provided for in the declaration, the bylaws of the association shall provide for:
(a) The number, qualifications, powers and duties, terms of office, and manner of electing and removing the board of directors and officers and filling vacancies;
(b) Election by the board of directors of such officers of the association as the bylaws specify;
(c) Which, if any, of its powers the board of directors or officers may delegate to other persons or to a managing agent;
(d) Which of its officers may prepare, execute, certify, and record amendments to the declaration on behalf of the association; and
(e) The method of amending the bylaws.
(2) Subject to the provisions of the declaration, the bylaws may provide for any other matters the association deems necessary and appropriate.
the declaration or bylaws provide that any officers or directors of the
association must be unit owners, then)) In determining the
qualifications of any officer or director of the association,
notwithstanding the provision of RCW 64.34.020(32)(( ,)) the term
"unit owner" in such context shall, unless the declaration or bylaws
otherwise provide, be deemed to include any director, officer, partner in, or
trustee of any person, who is, either alone or in conjunction with another
person or persons, a unit owner. Any officer or director of the association
who would not be eligible to serve as such if he or she were not a director,
officer, partner in, or trustee of such a person shall be disqualified from
continuing in office if he or she ceases to have any such affiliation with that
person, or if that person would have been disqualified from continuing in such
office as a natural person.
Sec. 17. RCW 64.34.340 and 1989 c 43 s 3-111 are each amended to read as follows:
(1) If only one of the multiple owners of a unit is present at a meeting of the association or has delivered a written ballot or proxy to the association secretary, the owner is entitled to cast all the votes allocated to that unit. If more than one of the multiple owners are present or has delivered a written ballot or proxy to the association secretary, the votes allocated to that unit may be cast only in accordance with the agreement of a majority in interest of the multiple owners, unless the declaration expressly provides otherwise. There is majority agreement if any one of the multiple owners casts the votes allocated to that unit without protest being made promptly to the person presiding over the meeting by any of the other owners of the unit.
(2) Votes allocated to a unit may be cast pursuant to a proxy duly executed by a unit owner. If a unit is owned by more than one person, each owner of the unit may vote or register protest to the casting of votes by the other owners of the unit through a duly executed proxy. A unit owner may not revoke a proxy given pursuant to this section except by actual notice of revocation to the person presiding over a meeting of the association. A proxy is void if it is not dated or purports to be revocable without notice. Unless stated otherwise in the proxy, a proxy terminates eleven months after its date of issuance.
(3) If the declaration requires that votes on specified matters affecting the condominium be cast by lessees rather than unit owners of leased units: (a) The provisions of subsections (1) and (2) of this section apply to lessees as if they were unit owners; (b) unit owners who have leased their units to other persons may not cast votes on those specified matters; and (c) lessees are entitled to notice of meetings, access to records, and other rights respecting those matters as if they were unit owners. Unit owners must also be given notice, in the manner provided in RCW 64.34.332, of all meetings at which lessees may be entitled to vote.
(4) No votes allocated to a unit owned by the association may be cast, and in determining the percentage of votes required to act on any matter, the votes allocated to units owned by the association shall be disregarded.
Sec. 18. RCW 64.34.352 and 1990 c 166 s 4 are each amended to read as follows:
(1) Commencing not later than the time of the first conveyance of a unit to a person other than a declarant, the association shall maintain, to the extent reasonably available:
insurance on the condominium, which may, but need not, include equipment,
improvements, and betterments in a unit installed by the declarant or the unit
owners, insuring against all risks of direct physical loss commonly insured
or, in the case of a conversion building, against fire and
extended coverage perils)). The total amount of insurance after
application of any deductibles shall be not less than eighty percent, or such
greater amount specified in the declaration, of the actual cash value of the
insured property at the time the insurance is purchased and at each renewal
date, exclusive of land, excavations, foundations, and other items normally
excluded from property policies; and
(b) Liability insurance, including medical payments insurance, in an amount determined by the board of directors but not less than the amount specified in the declaration, covering all occurrences commonly insured against for death, bodily injury, and property damage arising out of or in connection with the use, ownership, or maintenance of the common elements.
(2) If the insurance described in subsection (1) of this section is not reasonably available, or is modified, canceled, or not renewed, the association promptly shall cause notice of that fact to be hand-delivered or sent prepaid by first class United States mail to all unit owners, to each eligible mortgagee, and to each mortgagee to whom a certificate or memorandum of insurance has been issued at their respective last known addresses. The declaration may require the association to carry any other insurance, and the association in any event may carry any other insurance it deems appropriate to protect the association or the unit owners.
(3) Insurance policies carried pursuant to subsection (1) of this section shall provide that:
(a) Each unit owner is an insured person under the policy with respect to liability arising out of the owner's interest in the common elements or membership in the association;
(b) The insurer waives its right to subrogation under the policy against any unit owner, member of the owner's household, and lessee of the owner;
(c) No act or omission by any unit owner, unless acting within the scope of the owner's authority on behalf of the association, will void the policy or be a condition to recovery under the policy; and
(d) If, at the time of a loss under the policy, there is other insurance in the name of a unit owner covering the same risk covered by the policy, the association's policy provides primary insurance.
(4) Any loss covered by the property insurance under subsection (1)(a) of this section must be adjusted with the association, but the insurance proceeds for that loss are payable to any insurance trustee designated for that purpose, or otherwise to the association, and not to any holder of a mortgage. The insurance trustee or the association shall hold any insurance proceeds in trust for unit owners and lienholders as their interests may appear. Subject to the provisions of subsection (7) of this section, the proceeds must be disbursed first for the repair or restoration of the damaged property, and unit owners and lienholders are not entitled to receive payment of any portion of the proceeds unless there is a surplus of proceeds after the property has been completely repaired or restored or the condominium is terminated.
(5) An insurance policy issued to the association does not prevent a unit owner from obtaining insurance for the owner's own benefit.
(6) An insurer that has issued an insurance policy under this section shall issue certificates or memoranda of insurance to the association and, upon written request, to any unit owner or holder of a mortgage. The insurer issuing the policy may not modify the amount or the extent of the coverage of the policy or cancel or refuse to renew the policy unless the insurer has complied with all applicable provisions of chapter 48.18 RCW pertaining to the cancellation or nonrenewal of contracts of insurance. The insurer shall not modify the amount or the extent of the coverage of the policy, or cancel or refuse to renew the policy without complying with this section.
(7) Any portion of the condominium for which insurance is required under this section which is damaged or destroyed shall be repaired or replaced promptly by the association unless: (a) The condominium is terminated; (b) repair or replacement would be illegal under any state or local health or safety statute or ordinance; or (c) eighty percent of the unit owners, including every owner of a unit or assigned limited common element which will not be rebuilt, vote not to rebuild. The cost of repair or replacement in excess of insurance proceeds and reserves is a common expense. If all of the damaged or destroyed portions of the condominium are not repaired or replaced: (i) The insurance proceeds attributable to the damaged common elements shall be used to restore the damaged area to a condition compatible with the remainder of the condominium; (ii) the insurance proceeds attributable to units and limited common elements which are not rebuilt shall be distributed to the owners of those units and the owners of the units to which those limited common elements were allocated, or to lienholders, as their interests may appear; and (iii) the remainder of the proceeds shall be distributed to all the unit owners or lienholders, as their interests may appear, in proportion to the common element interests of all the units. If the unit owners vote not to rebuild any unit, that unit's allocated interests are automatically reallocated upon the vote as if the unit had been condemned under RCW 64.34.060(1), and the association promptly shall prepare, execute, and record an amendment to the declaration reflecting the reallocations. Notwithstanding the provisions of this subsection, RCW 64.34.268 governs the distribution of insurance proceeds if the condominium is terminated.
(8) The provisions of this section may be varied or waived as provided in the declaration if all units of a condominium are restricted to nonresidential use.
Sec. 19. RCW 64.34.372 and 1990 c 166 s 7 are each amended to read as follows:
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, but shall be made reasonably
available for examination and copying by the manager of the
association, any unit owner ((
and)), or the owner's authorized
agents. At least annually, the association shall prepare, or cause to be
prepared, a financial statement of the association in accordance with generally
accepted accounting principles. The financial statements of condominiums
consisting of fifty or more units shall be audited at least annually by a
certified public accountant. In the case of a condominium consisting of fewer
than fifty units, an annual audit is also required but may be waived annually
by unit owners other than the declarant of units to which sixty percent of the
votes are allocated, excluding the votes allocated to units owned by the
(2) The funds of an association shall be kept in accounts in the name of the association and shall not be commingled with the funds of any other association, nor with the funds of any manager of the association or any other person responsible for the custody of such funds. Any reserve funds of an association shall be kept in a segregated account and any transaction affecting such funds, including the issuance of checks, shall require the signature of at least two persons who are officers or directors of the association.
Sec. 20. RCW 64.34.400 and 1990 c 166 s 9 are each amended to read as follows:
(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.
a public offering statement nor a resale certificate need be prepared or
delivered)) This article shall not apply in the case of:
(a) A conveyance by gift, devise, or descent;
(b) A conveyance pursuant to court order;
(c) A disposition by a government or governmental agency;
(d) A conveyance by foreclosure;
to a dealer who intends to offer those units to purchasers))
of all of the units in a condominium in a single transaction;
(f) A disposition to other than a purchaser as defined in RCW 64.34.020(26); or
(g) A disposition that may be canceled at any time and for any reason by
the purchaser without penalty.
Sec. 21. RCW 64.34.410 and 1989 c 43 s 4-103 are each amended to read as follows:
(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 five most recent condominium projects completed by the declarant or an affiliate of the declarant within the past five years, including the names of the condominiums, their addresses, and the number of existing units in each. For the purpose of this section, a condominium is "completed" when any one unit therein has been rented or sold;
(f) The nature of the interest being offered for sale;
(g) A brief description of the permitted uses and use restrictions pertaining to the units and the common elements;
(h) The number of existing units in the condominium and the maximum number of units that may be added to the condominium;
(i) A list of the principal common amenities in the condominium which materially affect the value of the condominium and those that will or may be added to the condominium;
(j) A list of the limited common elements assigned to the units being offered for sale;
(k) The identification of any real property not in the condominium, the owner of which has access to any of the common elements, and a description of the terms of such access;
(l) The identification of any real property not in the condominium to which unit owners have access and a description of the terms of such access;
(m) The status of construction of the units and common elements, including estimated dates of completion if not completed;
(n) The estimated current common expense liability for the units being offered;
(o) An estimate of any payment with respect to the common expense liability for the units being offered which will be due at closing;
(p) The estimated current amount and purpose of any fees not included in the common expenses and charged by the declarant or the association for the use of any of the common elements;
(q) Any assessments which have been agreed to or are known to the declarant and which, if not paid, may constitute a lien against any units or common elements in favor of any governmental agency;
(r) The identification of any parts of the condominium, other than the units, which any individual owner will have the responsibility for maintaining;
the condominium involves a conversion ((
the information required by RCW 64.34.415;
(t) Whether timesharing is restricted or prohibited, and if restricted, a general description of such restrictions;
(u) A list of all development rights reserved to the declarant and all special declarant rights reserved to the declarant, together with the dates such rights must terminate, and a copy of or reference by recording number to any recorded transfer of a special declarant right;
identification of any model units and)) A description of (( the))
any material differences in terms of furnishings, fixtures, finishes,
and equipment between (( the)) any model unit available to the
purchaser at the time the agreement for sale is executed and the unit being
(w) Any liens on real property to be conveyed to the association required to be disclosed pursuant to RCW 64.34.435(2)(b);
(x) A list of any physical hazards known to the declarant which particularly affect the condominium or the immediate vicinity in which the condominium is located and which are not readily ascertainable by the purchaser;
(y) A brief description of any construction warranties to be provided to the purchaser;
(z) Any building code violation citations received by the declarant in connection with the condominium which have not been corrected;
(aa) A statement of any unsatisfied judgments or pending suits against the association, a statement of the status of any pending suits material to the condominium of which the declarant has actual knowledge, and a statement of any litigation brought by an owners' association, unit owner, or governmental entity in which the declarant or any affiliate of the declarant has been a defendant, arising out of the construction, sale, or administration of any condominium within the previous five years, together with the results thereof, if known;
(bb) Any rights of first refusal to lease or purchase any unit or any of the common elements;
(cc) The extent to which the insurance provided by the association covers furnishings, fixtures, and equipment located in the unit;
(dd) A notice which describes a purchaser's right to cancel the purchase agreement or extend the closing under RCW 64.34.420, including applicable time frames and procedures;
(ee) Any reports or statements required by RCW 64.34.415 or 64.34.440(6)(a). RCW 64.34.415 shall apply to the public offering statement of a condominium in connection with which a final certificate of occupancy was issued more than sixty calendar months prior to the preparation of the public offering statement whether or not the condominium is a conversion condominium as defined in RCW 64.34.020(10);
(ff) A list of the documents which the prospective purchaser is entitled to receive from the declarant before the rescission period commences;
(gg) A notice which states: A purchaser may not rely on any
representation or express warranty unless it is contained in the public
offering statement or made in writing signed by the declarant or by any person
identified in the public offering statement as the declarant's agent;
(hh) A notice which states: This public offering statement is only a
summary of some of the significant aspects of purchasing a unit in this
condominium and the condominium documents are complex, contain other important
information, and create binding legal obligations. You should consider seeking
the assistance of legal counsel; and
(ii) Any other information and cross-references which the declarant
believes will be helpful in describing the condominium to the recipients of the
public offering statement, all of which may be included or not included at the
option of the declarant.
(2) The public offering statement shall include copies of each of the following documents: The declaration, the survey map and plans, the articles of incorporation of the association, bylaws of the association, rules and regulations, if any, current or proposed budget for the association, and the balance sheet of the association current within ninety days if assessments have been collected for ninety days or more.
If any of the foregoing documents listed in this subsection are not available because they have not been executed, adopted, or recorded, drafts of such documents shall be provided with the public offering statement, and, before closing the sale of a unit, the purchaser shall be given copies of any material changes between the draft of the proposed documents and the final documents.
(3) The disclosures required by subsection (1) (g), (j), (r), (t), (u), and (bb) of this section shall also contain a reference to specific sections in the condominium documents which further explain the information disclosed.
The disclosures required by subsection (1) (dd), ((
and (( (gg))) (hh) of this section shall be located at the top of
the first page of the public offering statement and be typed or printed in
ten-point bold face type size.
(5) A declarant shall promptly amend the public offering statement to reflect any material change in the information required by this section.
Sec. 22. RCW 64.34.415 and 1990 c 166 s 10 are each amended to read as follows:
(1) The public offering statement of a conversion condominium shall contain, in addition to the information required by RCW 64.34.410:
statement by the declarant, based on)) Either a copy of a report
prepared by an independent, licensed architect or engineer, (( describing))
or a statement by the declarant based on such report, which report or
statement describes, to the extent reasonably ascertainable, the present
condition of all structural components and mechanical and electrical
installations material to the use and enjoyment of the condominium;
(b) A statement by the declarant of the expected useful life of each item reported on in (a) of this subsection or a statement that no representations are made in that regard; and
(c) A list of any outstanding notices of uncured violations of building code or other municipal regulations, together with the estimated cost of curing those violations. Unless the purchaser waives in writing the curing of specific violations, the extent to which the declarant will cure such violations prior to the closing of the sale of a unit in the condominium shall be included.
(2) This section applies only to condominiums containing units that may be occupied for residential use.
Sec. 23. RCW 64.34.425 and 1990 c 166 s 12 are each amended to read as follows:
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 copy of the declaration, the bylaws, the
rules or regulations of the association, and)) a resale certificate,
signed by an officer or authorized agent of the association and based on
the books and records of the association and the actual knowledge of the person
signing the certificate, containing:
statement disclosing ((
the effect on the proposed conveyance of)) any
right of first refusal or other restraint on the free alienability of the unit contained
in the declaration;
(b) A statement setting forth the amount of the monthly common expense assessment and any unpaid common expense or special assessment currently due and payable from the selling unit owner and a statement of any special assessments that have been levied against the unit which have not been paid even though not yet due;
(c) A statement, which shall be current to within forty-five days, of any common expenses or special assessments against any unit in the condominium that are past due over thirty days;
(d) A statement, which shall be current to within forty-five days, of any obligation of the association which is past due over thirty days;
(e) A statement of any other fees payable by unit owners;
(f) A statement of any anticipated repair or replacement cost in excess of five percent of the annual budget of the association that has been approved by the board of directors;
(g) A statement of the amount of any reserves for repair or replacement and of any portions of those reserves currently designated by the association for any specified projects;
(h) The annual financial statement of the association, including the audit report if it has been prepared, for the year immediately preceding the current year.
(i) A balance sheet and a revenue and expense statement of the association prepared on an accrual basis, which shall be current to within one hundred twenty days;
(j) The current operating budget of the association;
(k) A statement of any unsatisfied judgments against the association and the status of any pending suits in which the association is a defendant;
(l) A statement describing any insurance coverage provided for the benefit of unit owners;
(m) A statement as to whether there are any alterations or improvements to the unit or to the limited common elements assigned thereto that violate any provision of the declaration;
(n) A statement of the number of units, if any, still owned by the declarant, whether the declarant has transferred control of the association to the unit owners, and the date of such transfer;
(o) A statement as to whether there are any violations of the health or building codes with respect to the unit, the limited common elements assigned thereto, or any other portion of the condominium;
(p) A statement of the remaining term of any leasehold estate affecting the condominium and the provisions governing any extension or renewal thereof; and
copy of the declaration, the bylaws, the rules or regulations of the
association, and any other information reasonably requested by mortgagees
of prospective purchasers of units. Information requested generally by ((
the federal national mortgage association, (( [the])) the
federal home loan bank board, (( [the])) the government national
mortgage association, the veterans administration and the department of housing
and urban development shall be deemed reasonable, provided such information is
reasonably available to the association.
(2) The association, within ten days after a request by a unit owner, and subject to payment of any fee imposed pursuant to RCW 64.34.304(1)(1), shall furnish a resale certificate signed by an officer or authorized agent of the association and containing the information necessary to enable the unit owner to comply with this section. The unit owner shall also sign the certificate but the unit owner is not liable to the purchaser for any erroneous information provided by the association and included in the certificate unless and to the extent the unit owner had actual knowledge thereof.
(3) A purchaser is not liable for any unpaid assessment or fee against the unit as of the date of the certificate greater than the amount set forth in the certificate prepared by the association unless and to the extent such purchaser had actual knowledge thereof. A unit owner is not liable to a purchaser for the failure or delay of the association to provide the certificate in a timely manner, but the purchaser's contract is voidable by the purchaser until the certificate has been provided and for five days thereafter or until conveyance, whichever occurs first.
Sec. 24. RCW 64.34.430 and 1989 c 43 s 4-108 are each amended to read as follows:
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 ((
either)) in this state
(( or in the state where the unit is located)) in an escrow or trust
account designated solely for that purpose by a licensed title insurance
company, an attorney, a real estate broker, an independent bonded escrow
company, or an institution whose accounts are insured by a governmental agency
or instrumentality until: (1) Delivered to the declarant at closing; (2)
delivered to the declarant because of purchaser's default under a contract to
purchase the unit; (3) refunded to the purchaser; or (4) delivered to a court
in connection with the filing of an interpleader action.
Sec. 25. RCW 64.34.440 and 1990 c 166 s 13 are each amended to read as follows:
(1) 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 statement no later than ninety days before the tenants and any subtenant in possession are required to vacate. The notice must set forth generally the rights of tenants and subtenants under this section and shall be delivered pursuant to notice requirements set forth in RCW 59.12.040. No tenant or subtenant may be required to vacate upon less than ninety days' notice, except by reason of nonpayment of rent, waste, conduct that disturbs other tenants' peaceful enjoyment of the premises, or act of unlawful detainer as defined in RCW 59.12.030, and the terms of the tenancy may not be altered during that period. Nothing in this subsection shall be deemed to waive or repeal RCW 59.18.200(2). Failure to give notice as required by this section is a defense to an action for possession.
For sixty days after delivery or mailing of the notice described in subsection
(1) of this section, the person required to give the notice shall offer to
convey each unit or proposed unit occupied for residential use to the tenant
who leases that unit. If a tenant fails to purchase the unit during that sixty-day
period, the offeror may ((
not)) offer to dispose of an interest in that
unit during the following one hundred eighty days at a price or on terms more
favorable to the offeree than the price or terms offered to the tenant only
if: (a) Such offeror, by written notice mailed to the tenant's last known
address, offers to sell an interest in that unit at the more favorable price
and terms, and (b) such tenant fails to accept such offer in writing within ten
days following the mailing of the offer to the tenant. This subsection
does not apply to any unit in a conversion condominium if that unit will be
restricted exclusively to nonresidential use or the boundaries of the converted
unit do not substantially conform to the dimensions of the residential unit before
(3) If a seller, in violation of subsection (2) of this section, conveys a unit to a purchaser for value who has no knowledge of the violation, recording of the deed conveying the unit extinguishes any right a tenant may have to purchase that unit but does not affect the right of a tenant to recover damages from the seller for a violation of subsection (2) of this section.
(4) If a notice of conversion specifies a date by which a unit or proposed unit must be vacated and otherwise complies with the provisions of this chapter and chapter 59.18 RCW, the notice also constitutes a notice to vacate specified by that statute.
(5) Nothing in this section permits termination of a lease by a declarant in violation of its terms.
(6) Notwithstanding RCW 64.34.050(1), a city or county may by appropriate ordinance require with respect to any conversion condominium within the jurisdiction of such city or county that:
(a) In addition to the statement required by RCW 64.34.415(1)(a), the public offering statement shall contain a copy of the written inspection report prepared by the appropriate department of such city or county, which report shall list any violations of the housing code or other governmental regulation, which code or regulation is applicable regardless of whether the real property is owned as a condominium or in some other form of ownership; said inspection shall be made within forty-five days of the declarant's written request therefor and said report shall be issued within fourteen days of said inspection being made. Such inspection may not be required with respect to any building for which a final certificate of occupancy has been issued by the city or county within the preceding twenty-four months; and any fee imposed for the making of such inspection may not exceed the fee that would be imposed for the making of such an inspection for a purpose other than complying with this subsection (6)(a);
(b) Prior to the conveyance of any residential unit within a conversion condominium, other than a conveyance to a declarant or affiliate of a declarant: (i) All violations disclosed in the inspection report provided for in (a) of this subsection, and not otherwise waived by such city or county, shall be repaired, and (ii) a certification shall be obtained from such city or county that such repairs have been made, which certification shall be based on a reinspection to be made within seven days of the declarant's written request therefor and which certification shall be issued within seven days of said reinspection being made;
(c) The repairs required to be made under (b) of this subsection shall be warranted by the declarant against defects due to workmanship or materials for a period of one year following the completion of such repairs;
(d) Prior to the conveyance of any residential unit within a conversion condominium, other than a conveyance to a declarant or affiliate of a declarant: (i) The declarant shall establish and maintain, during the one-year warranty period provided under (c) of this subsection, an account containing a sum equal to ten percent of the actual cost of making the repairs required under (b) of this subsection; (ii) during the one-year warranty period, the funds in such account shall be used exclusively for paying the actual cost of making repairs required, or for otherwise satisfying claims made, under such warranty; (iii) following the expiration of the one-year warranty period, any funds remaining in such account shall be immediately disbursed to the declarant; and (iv) the declarant shall notify in writing the association and such city or county as to the location of such account and any disbursements therefrom; and
(e) Relocation assistance not to exceed five hundred dollars per unit shall be paid to tenants and subtenants who elect not to purchase a unit and who are in lawful occupancy for residential purposes of a unit and whose monthly household income from all sources, on the date of the notice described in subsection (1) of this section, was less than an amount equal to eighty percent of (i) the monthly median income for comparably sized households in the standard metropolitan statistical area, as defined and established by the United States department of housing and urban development, in which the condominium is located, or (ii) if the condominium is not within a standard metropolitan statistical area, the monthly median income for comparably sized households in the state of Washington, as defined and determined by said department. The household size of a unit shall be based on the number of persons actually in lawful occupancy of the unit. The tenant or subtenant actually in lawful occupancy of the unit shall be entitled to the relocation assistance. Relocation assistance shall be paid on or before the date the tenant or subtenant vacates and shall be in addition to any damage deposit or other compensation or refund to which the tenant is otherwise entitled. Unpaid rent or other amounts owed by the tenant or subtenant to the landlord may be offset against the relocation assistance.
(7) Violations of any city or county ordinance adopted as authorized by subsection (6) of this section shall give rise to such remedies, penalties, and causes of action which may be lawfully imposed by such city or county. Such violations shall not invalidate the creation of the condominium or the conveyance of any interest therein.
Sec. 26. RCW 64.34.445 and 1989 c 43 s 4-112 are each amended to read as follows:
(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.
declarant and any dealer impliedly warrants that a unit and the common elements
in the condominium are suitable for the ordinary uses of real estate of its
type and that any improvements made or contracted for by ((
the person, or
made by any person before the creation of the condominium,)) such
declarant or dealer will be:
(a) Free from defective materials; and
Constructed in accordance with ((
applicable law, according to)) sound
engineering and construction standards, and in a workmanlike manner in
compliance with all laws then applicable to such improvements.
(3) A declarant and any dealer warrants to a purchaser of a unit that may be used for residential use that an existing use, continuation of which is contemplated by the parties, does not violate applicable law at the earlier of the time of conveyance or delivery of possession.
(4) Warranties imposed by this section may be excluded or modified as specified in RCW 64.34.450.
(5) For purposes of this section, improvements made or contracted for by an affiliate of a declarant, as defined in RCW 64.34.020(1), are made or contracted for by the declarant.
(6) Any conveyance of a unit transfers to the purchaser all of the declarant's implied warranties of quality.
Sec. 27. RCW 58.17.040 and 1989 c 43 s 4-123 are each amended to read as follows:
The provisions of this chapter shall not apply to:
(1) Cemeteries and other burial plots while used for that purpose;
(2) Divisions of land into lots or tracts each of which is one-one hundred twenty-eighth of a section of land or larger, or five acres or larger if the land is not capable of description as a fraction of a section of land, unless the governing authority of the city, town, or county in which the land is situated shall have adopted a subdivision ordinance requiring plat approval of such divisions: PROVIDED, That for purposes of computing the size of any lot under this item which borders on a street or road, the lot size shall be expanded to include that area which would be bounded by the center line of the road or street and the side lot lines of the lot running perpendicular to such center line;
(3) Divisions made by testamentary provisions, or the laws of descent;
(4) Divisions of land into lots or tracts classified for industrial or commercial use when the city, town, or county has approved a binding site plan for the use of the land in accordance with local regulations;
(5) A division for the purpose of lease when no residential structure other than mobile homes or travel trailers are permitted to be placed upon the land when the city, town, or county has approved a binding site plan for the use of the land in accordance with local regulations;
(6) A division made for the purpose of alteration by adjusting boundary lines, between platted or unplatted lots or both, which does not create any additional lot, tract, parcel, site, or division nor create any lot, tract, parcel, site, or division which contains insufficient area and dimension to meet minimum requirements for width and area for a building site; and
Divisions of land into lots or tracts if: (a) Such division is the result of
subjecting a portion of a parcel or tract of land to either chapter 64.32 or
64.34 RCW subsequent to the recording of a binding site plan for all such land;
(b) the improvements constructed or to be constructed thereon ((
are required by the provisions of the binding site plan to be included
in one or more condominiums or owned by an association or other legal entity in
which the owners of units therein or their owners' associations have a
membership or other legal or beneficial interest; (( (b))) (c) a
city, town, or county has approved (( a)) the binding site plan
for all such land; (( and (c))) (d) such approved binding site plan is
recorded in the county or counties in which such land is located; and (e)
the binding site plan contains thereon the following statement: "All
development and use of the land described herein shall be in accordance
with (( the)) this binding site plan, as it may be amended with
the approval of the city, town, or county having jurisdiction over the
development of such land, and in accordance with such other governmental
permits, approvals, regulations, requirements, and restrictions that may be
imposed upon such land and the development and use thereof. Upon
completion, the improvements on the land shall be included in one or more
condominiums or owned by an association or other legal entity in which the
owners of units therein or their owners' associations have a membership or
other legal or beneficial interest.(( ")) This binding site plan
shall be binding upon all now or hereafter having any interest in the land
described herein." The binding site plan may, but need not, depict or describe
the boundaries of the lots or tracts resulting from subjecting a portion of the
land to either chapter 64.32 or 64.34 RCW. A site plan shall be deemed to have
been approved if the site plan was approved by a city, town, or county: (i) In
connection with the final approval of a subdivision plat or planned unit
development with respect to all of such land; or (ii) in connection with the
issuance of building permits or final certificates of occupancy with respect to
all of such land; or (iii) if not approved pursuant to (i) and (ii) of this
subsection (7)(e), then pursuant to such other procedures as such city, town,
or county may have established for the approval of a binding site plan.(( "))