5536-S AMS WINS S2318.2

SSB 5536 - S AMD 74

By Senator Winsley

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. (1) The legislature finds, declares, and determines that:

(a) Washington's cities and counties under the growth management act are required to encourage urban growth in urban growth areas at densities that accommodate twenty-year growth projections;

(b) One of the growth management act's planning goals is to encourage the availability of affordable housing for all residents of the state and promote a variety of housing types;

(c) Condominium construction needs to be encouraged to achieve growth management act mandated urban densities and ensure that residents of the state, particularly in urban growth areas, have a broad range of ownership choices;

(d) Ambiguity in the condominium act has led to legal actions and threats of legal action that allege defects and deviations in construction that have no effect on the structure, safety, or marketability of condominiums; and

(e) The result of these legal challenges is that many home builders may not obtain affordable insurance to build condominiums and this may be causing condominium construction to decline thereby reducing rather than expanding home ownership opportunities for the residents of Washington state.

(2) It is the intent of the legislature that a senate judiciary condominium task force study this matter with the goal of improving and clarifying procedures for resolving claims relating to condominium construction to help ensure that both a broad range of home ownership opportunities continue to be available to the residents of the state and that cities and counties can achieve density mandates of the growth management act.

NEW SECTION. Sec. 2. (1) A senate judiciary condominium task force is established. The task force will consist of fourteen members, as follows:

(a) One member from each of the two largest caucuses of the senate, appointed by the president of the senate;

(b) One member appointed by the Washington land title association;

(c) One member appointed by the Washington mortgage broker's association;

(d) One member appointed by the Washington association of realtors;

(e) One member appointed by the master builders association;

(f) One member of the building industry association of Washington;

(g) One member appointed by the condominium alliance;

(h) One member appointed by the 1000 friends of Washington;

(i) One member appointed by the Washington public interest research group;

(j) One member appointed by the Washington homeowner's coalition;

(k) One member appointed by the Washington state bar association;

(l) One member appointed by the Washington association of county officials; and

(m) One member appointed by Washington state community associations institute.

(2) The task force shall choose its chair from among its membership.

(3) The task force, where feasible, may consult with other individuals from the public and private sector.

(4) The issues addressed by the task force shall include the following:

(a) Whether changes need to be made to the condominium act to encourage urban growth;

(b) Whether ambiguities in the condominium act are creating an impediment to additional condominium construction;

(c) Whether affordable insurance is available for condominium builders and appropriate actions the state can take to make insurance more affordable; and

(d) Any other issues deemed appropriate by the task force.

(5) The task force shall use staff from senate committee services.

(6) The task force shall report its findings and recommendations to the legislature by December 31, 2003.

(7) This section expires July 1, 2004."

SSB 5536 - S AMD 74

By Senator Winsley

On page 1, line 1 of the title, after "condominiums;" strike the remainder of the title and insert "creating new sections; and providing an expiration date."

EFFECT: A senate judiciary condominium task force is created.

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