BILL REQ. #:  S-3878.2 

Read first time 01/09/2006.   Referred to Committee on Financial Institutions, Housing & Consumer Protection.

     AN ACT Relating to resolving conflicts between the statutes and governing documents of homeowners' associations; and amending RCW 64.38.005.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 64.38.005 and 1995 c 283 s 1 are each amended to read as follows:
     (1) The intent of this chapter is to provide consistent laws regarding the formation and legal administration of homeowners' associations.
     (2)(a) The legislature finds that there is a need to clarify both how the laws governing homeowners' associations interact and which body of law governs in the event of a conflict between statutes and the governing documents.
     (b) It is the intent of the legislature that the governing documents control a homeowners' association, unless expressly provided otherwise in this chapter. If the governing documents are silent, this chapter controls. If this chapter is silent or a conflict exists, the titles under which the association was formed control: Title 23, 23B, 24, or 25 RCW.