Common Interest Communities.

A common interest community (CIC) is a form of real estate in which each unit owner or homeowner has an exclusive interest in a unit or lot and a shared or undivided interest in common area property.  In Washington, several statutes govern residential CICs, such as condominiums, cooperatives, leasehold CICs, miscellaneous communities, and plat communities.
 
The Washington Uniform Common Interest Ownership Act (WUCIOA) took effect July 1, 2018, and is applicable to CICs created on or after that date.  A CIC created prior to July 1, 2018, may choose to opt in to the WUCIOA.  Otherwise, CICs created before July 1, 2018, remain subject to the following acts:

• the Horizontal Property Regimes Act, which apples to residential condominiums created on or before July 1, 1990;
• the Washington Condominium Act, which applies to condominiums created after July 1, 1990; and
• the Homeowners' Association Act, which provides a framework for the formation and legal administration of homeowners' associations.

A CIC is administered by an association of unit owners or a homeowners' association—an organization consisting of property owners and homeowners within the CIC.  An association of unit owners derives its authority from several documents, including the declaration of covenants, conditions, and restrictions, the association's bylaws and articles of incorporation, and the deeds to the property within a development. 
 
The primary functions of a unit owners' association include:  managing and maintaining common areas, such as parks, roads, and community centers, for the benefit of the community; imposing and collecting assessments on unit owners; and enforcing restrictive covenants that govern the community.  In addition, a unit owners' association may adopt rules and regulations concerning property use in the community and impose fines for violations of those rules.

Licensed Child Care. 
The Department of Children, Youth, and Families (DCYF) regulates child care licensing.  In the DCYF statutes, "child day care center" or "child care center" is defined as "an agency that regularly provides early childhood education and early learning services for a group of children for periods of less than 24 hours."  A "family day care provider" or "family home provider" is defined as "a child care provider who regularly provides early childhood education and early learning services for not more than 12 children at any given time in the provider's home," unless the 12-child limit is waived by DCYF.  Licensed child day care centers are required to provide proof, at the time of licensure or renewal and at any inspection, that the licensee has day care insurance or is self-insured. 

An association of unit owners or homeowners in a CIC subject to the WUCIOA, the Homeowners' Association Act, the Washington Condominium Act, and the Horizontal Property Regimes Act may not prohibit, unreasonably restrict, or limit the use of a unit as a licensed family home child care or as a licensed child day care center.

An association is not prohibited from imposing reasonable regulations on a family home child care or a child day care center as long as the regulations are identical to those applied to all other units within the same association.

An association may require direct access to a unit, either from outside of the building or through publicly accessible common elements, in order for the unit to be used as a family home child care or child day care center.

An association may require that a family home child care or child day care center operating out of a unit:

• be licensed by the DCYF;
• indemnify the association and hold it harmless against all claims relating to operation of the family home child care or the child day care center, excluding claims arising in common elements that the association is solely responsible for maintaining under the governing documents;
• obtain a signed waiver of liability releasing the association from legal claims directly related to the operation of the family home child care or the child day care center from the parent, guardian, or caretaker of each child being cared for by the family home child care or the child day care center; and
• obtain day care insurance or provide self-insurance.

An association that willfully violates these requirements is liable to the child care provider for actual damages and must pay a civil penalty in an amount not to exceed $1,000.

(In support) There is a child care crisis in our state.  There is not enough child care available for everyone who needs it, but restrictions on family home child care are happening all over the state.  Some licensed family home child care providers are being fined monthly by their homeowners' associations.  They are being bullied and forced to close down.  There is no reason we should be restricting child care.

Family home child care providers are the best solution for lots of people, including women returning to the workforce after having a child, communities of color, and low-income communities.  They often provide care for low-income children and families, special needs children, and minority children.

Family home child care is also another way for child care providers to afford and maintain their homes through the income it provides.  These are not unlicensed businesses.  Providers have to get licensed and go through training in order to provide child care.  This bill will help Washington child care providers continue to support families and kids.

(Opposed) None.

(Other) There are concerns about liability issues that might arise if the family home child care uses the association's common areas.