AN ACT Relating to parking and business
improvement areas; and amending RCW 35.87A.010, 35.87A.020, 35.87A.030,
35.87A.050, 35.87A.060, 35.87A.080, 35.87A.090, 35.87A.100, 35.87A.140,
35.87A.170, 64.34.304, and 64.34.010.
BE
IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1.
RCW 35.87A.010 and 1985 c 128 s 1 are each amended to read as follows:
To aid general economic development and neighborhood
revitalization, and to facilitate ((merchant and business)) the
cooperation of merchants, businesses, and residential property owners
which assists trade, economic viability, and liveability, the
legislature hereby authorizes all counties and all incorporated cities and towns,
including unclassified cities and towns operating under special charters:
(1) To establish, after a petition submitted by
the operators responsible for 60 percent of the assessments by businesses and
multifamily residential or mixed-use projects within the area, parking and
business improvement areas, hereafter referred to as area or areas, for the
following purposes:
(a) The acquisition, construction or
maintenance of parking facilities for the benefit of the area;
(b) Decoration of any public place in the area;
(c) Promotion of public events which are to
take place on or in public places in the area;
(d) Furnishing of music in any public place in
the area;
(e) Providing professional management,
planning, and promotion for the area, including the management and promotion of
retail trade activities in the area; or
(f) Providing maintenance and security for
common, public areas.
(2) To levy special assessments on all
businesses and multifamily residential or mixed-use projects within the
area and specially benefited by a parking and business improvement area to pay
in whole or in part the damages or costs incurred therein as provided in this
chapter.
Sec. 2.
RCW 35.87A.020 and 1971 ex.s. c 45 s 2 are each amended to read as follows:
Unless the context clearly requires
otherwise, the definitions in this section apply throughout this chapter.
(1) "Business" ((as used in this
chapter)) means all types of business, including professions.
(2) "Legislative authority" ((as
used in this chapter)) means the legislative authority of any city or town
including unclassified cities or towns operating under special charters or the
legislative authority of any county.
(3) "Multifamily residential or
mixed-use project" means any building or buildings containing four or more
residential units or a combination of residential and commercial units, whether
title to the entire property is held in single or undivided ownership or title
to individual units is held by owners who also, directly or indirectly through
an association, own real property in common with the other unit owners.
(4) "Residential operator" means
the owner or operator of a multifamily residential or mixed-use project if
title is held in single or undivided ownership, or, if title is held in a form
of common interest ownership, the association of unit owners, condominium
association, homeowners association, property owners association, or
residential cooperative corporation.
Sec. 3.
RCW 35.87A.030 and 1971 ex.s. c 45 s 3 are each amended to read as follows:
For the purpose of establishing a parking and
business improvement area, an initiation petition may be presented to the
legislative authority having jurisdiction of the area in which the proposed
parking and business improvement area is to be located or the legislative
authority may by resolution initiate a parking and business improvement area.
The initiation petition or resolution shall contain the following:
(1) A description of the boundaries of the
proposed area;
(2) The proposed uses and projects to which the
proposed special assessment revenues shall be put and the total estimated cost
thereof;
(3) The estimated rate of levy of special
assessment with a proposed breakdown by class of business and multifamily
residential or mixed-use project if such classification is to be used.
The initiating petition shall also contain the
signatures of the persons who operate businesses and residential operators
in the proposed area which would pay fifty percent of the proposed special
assessments.
Sec. 4.
RCW 35.87A.050 and 1971 ex.s. c 45 s 5 are each amended to read as follows:
Notice of a hearing held under the provisions
of this chapter shall be given by:
(1) One publication of the resolution of
intention in a newspaper of general circulation in the city; and
(2) Mailing a complete copy of the resolution
of intention to each business and multifamily residential or mixed-use
project in the proposed, or established, area. Publication and mailing
shall be completed at least ten days prior to the time of the hearing.
Sec. 5.
RCW 35.87A.060 and 1971 ex.s. c 45 s 6 are each amended to read as follows:
Whenever a hearing is held under this chapter,
the legislative authority shall hear all protests and receive evidence for or
against the proposed action. The legislative authority may continue the
hearing from time to time. Proceedings shall terminate if protest is made by
businesses and residential operators in the proposed area which would
pay a majority of the proposed special assessments.
Sec. 6.
RCW 35.87A.080 and 1985 c 128 s 2 are each amended to read as follows:
For purposes of the special assessments to be
imposed pursuant to this chapter, the legislative authority may make a
reasonable classification of businesses and multifamily residential or
mixed-use projects, giving consideration to various factors such as
business and occupation taxes imposed, square footage of the business, number
of employees, gross sales, or any other reasonable factor relating to the
benefit received, including the degree of benefit received from parking.
Whenever it is proposed that a parking and business improvement area provide
more than one of the purposes listed in RCW 35.87A.010, special assessments may
be imposed in a manner that measures benefit from each of the separate
purposes, or any combination of the separate purposes. Special assessments
shall be imposed and collected annually, or on another basis specified in the
ordinance establishing the parking and business improvement area.
Sec. 7.
RCW 35.87A.090 and 1971 ex.s. c 45 s 9 are each amended to read as follows:
The special assessments need not be imposed on
different classes of business and multifamily residential or mixed-use
projects, as determined pursuant to RCW 35.87A.080, on the same basis or
the same rate((: PROVIDED, HOWEVER, That)). The special
assessments imposed for the purpose of the acquisition, construction or
maintenance of parking facilities for the benefit of the area shall be imposed
on the basis of benefit determined by the legislative authority after giving
consideration to the total cost to be recovered from the businesses and
multifamily residential or mixed-use projects upon which the special
assessment is to be imposed, the total area within the boundaries of the
parking and business improvement area, the assessed value of the land and
improvements within the area, the total business volume generated within the
area and within each business, and such other factors as the legislative
authority may find and determine to be a reasonable measure of such benefit.
Sec. 8.
RCW 35.87A.100 and 1971 ex.s. c 45 s 10 are each amended to read as follows:
If the legislative authority, following the
hearing, decides to establish the proposed area, it shall adopt an ordinance to
that effect. This ordinance shall contain the following information:
(1) The number, date and title of the
resolution of intention pursuant to which it was adopted;
(2) The time and place the hearing was held
concerning the formation of such area;
(3) The description of the boundaries of such
area;
(4) A statement that the businesses and
multifamily residential or mixed-use projects in the area established by
the ordinance shall be subject to the provisions of the special assessments
authorized by RCW 35.87A.010;
(5) The initial or additional rate or levy of
special assessment to be imposed with a breakdown by classification of business
and multifamily residential or mixed-use project, if such classification
is used; and
(6) A statement that a parking and business
improvement area has been established.
(7) The uses to which the special assessment
revenue shall be put((: PROVIDED, HOWEVER, That such)). Uses
shall conform to the uses as declared in the initiation petition
presented pursuant to RCW 35.87A.030.
Sec. 9.
RCW 35.87A.140 and 1971 ex.s. c 45 s 14 are each amended to read as follows:
Changes may be made in the rate or additional
rate of special assessment as specified in the ordinance establishing the area,
by ordinance adopted after a hearing before the legislative authority.
The legislative authority shall adopt a
resolution of intention to change the rate or additional rate of special
assessment at least fifteen days prior to the hearing required by this
section. This resolution shall specify the proposed change and shall give the
time and place of the hearing((: PROVIDED, That)). Proceedings
to change the rate or impose an additional rate of special assessments shall
terminate if protest is made by businesses or multifamily residential or
mixed-use projects in the proposed area which would pay a majority of the
proposed increase or additional special assessments.
Sec. 10.
RCW 35.87A.170 and 1971 ex.s. c 45 s 17 are each amended to read as follows:
Businesses or multifamily residential or
mixed-use projects established after the creation of an area within the
area may be exempted from the special assessments imposed pursuant to this
chapter for a period not exceeding one year from the date they commenced
business in the area.
Sec. 11.
RCW 64.34.304 and 1990 c 166 s 3 are each amended to read as follows:
(1) Except as provided in subsection (2) of
this section, and subject to the provisions of the declaration, the association
may:
(a) Adopt and amend bylaws, rules, and
regulations;
(b) Adopt and amend budgets for revenues,
expenditures, and reserves, and impose and collect assessments for common
expenses from unit owners;
(c) Hire and discharge or contract with
managing agents and other employees, agents, and independent contractors;
(d) Institute, defend, or intervene in
litigation or administrative proceedings in its own name on behalf of itself or
two or more unit owners on matters affecting the condominium;
(e) Make contracts and incur liabilities;
(f) Regulate the use, maintenance, repair,
replacement, and modification of common elements;
(g) Cause additional improvements to be made as
a part of the common elements;
(h) Acquire, hold, encumber, and convey in its
own name any right, title, or interest to real or personal property, but common
elements may be conveyed or subjected to a security interest only pursuant to
RCW 64.34.348;
(i) Grant easements, leases, licenses, and
concessions through or over the common elements and petition for or consent to
the vacation of streets and alleys;
(j) Impose and collect any payments, fees, or
charges for the use, rental, or operation of the common elements, other than
limited common elements described in RCW 64.34.204 (2) and (4), and for
services provided to unit owners;
(k) Impose and collect charges for late payment
of assessments pursuant to RCW 64.34.364(((10)))(13) and, after
notice and an opportunity to be heard by the board of directors or by such
representative designated by the board of directors and in accordance with such
procedures as provided in the declaration or bylaws or rules and regulations
adopted by the board of directors, levy reasonable fines in accordance with a
previously established schedule thereof adopted by the board of directors and
furnished to the owners for violations of the declaration, bylaws, and rules
and regulations of the association;
(l) Impose and collect reasonable charges for
the preparation and recording of amendments to the declaration, resale
certificates required by RCW 64.34.425, and statements of unpaid assessments;
(m) Provide for the indemnification of its
officers and board of directors and maintain directors' and officers' liability
insurance;
(n) Assign its right to future income,
including the right to receive common expense assessments, but only to the
extent the declaration provides;
(o) Join in a petition for the establishment
of a parking and business improvement area, participate in the rate payers'
board or other advisory body set up by the legislative authority for operation
of a parking and business improvement area, and pay special assessments levied
by the legislative authority on a parking and business improvement area
encompassing the condominium property for activities and projects which benefit
the condominium directly or indirectly;
(p) Exercise any other powers conferred
by the declaration or bylaws;
(((p))) (q) Exercise all other
powers that may be exercised in this state by the same type of corporation as
the association; and
(((q))) (r) Exercise any other
powers necessary and proper for the governance and operation of the
association.
(2) The declaration may not impose limitations
on the power of the association to deal with the declarant which are more
restrictive than the limitations imposed on the power of the association to
deal with other persons.
Sec. 12.
RCW 64.34.010 and 1992 c 220 s 1 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))) (r) (powers
of unit owners' association), RCW 64.34.308(1) (board of directors and
officers), RCW 64.34.340 (votingCproxies), RCW 64.34.344
(tort and contract liability), RCW 64.34.354 (notification on sale of unit),
RCW 64.34.360(3) (common expensesCassessments), 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.
(4) RCW 64.34.400 (applicabilityCwaiver),
RCW 64.34.405 (liability for public offering statement requirements), RCW
64.34.410 (public offering statementCgeneral provisions), RCW
64.34.415 (public offering statementCconversion condominiums),
RCW 64.34.420 (purchaser's right to cancel), RCW 64.34.430 (escrow of
deposits), RCW 64.34.440 (conversion condominiumsCnoticeCtenants),
and RCW 64.34.455 (effect of violations on rights of actionCattorney'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.
