5796-S AMS PEDE S4512.2
SSB 5796 - S AMD 515
By Senator Pedersen
ADOPTED 02/02/2024
On page 10, beginning on line 19, after "owner's unit" strike "a common expense, including expense" and insert "common expenses, including expenses"
On page 10, line 21, after "by" insert "the"
On page 11, beginning on line 1, after "hearing." strike all material through "expense." on line 3
On page 11, beginning on line 4, after "section" strike all material through "incurred" on line 6
On page 29, line 26, after "RCW 64.90.455" strike ", whether or not a quorum is present,"
On page 30, beginning on line 36, after "RCW 64.90.455" strike ", whether or not a quorum is present,"
On page 43, line 27, after "alleys" insert ". Notwithstanding the foregoing, a reallocation shall not be required in regard to the installation of an electric vehicle charging station on the common elements"
On page 44, line 38, after "and" insert "the board has received"
On page 44, line 39, after "of" insert "payment and"
On page 54, line 36, after "right." insert "If the judgment or instrument does not describe the special declarant right, the transferee will be presumed to have elected to accept the special declarant right."
On page 82, line 19, after "hours" insert "and at the offices of the association or its managing agent,"
On page 82, line 21, after "(ii)" strike "At the offices of the association or its managing agent" and insert "((At the offices of the association or its managing agent))Upon 10 days' notice unless the size of the request or need to redact information reasonably requires a longer time, but in no event later than 21 days without a court order allowing a longer time"
On page 83, line 10, after "number" strike "or" and insert "((or))of any unit owner or resident,"
On page 83, line 11, after "owner" strike "or" and insert "that elects to keep such electronic address confidential, or electronic address of any"
On page 84, line 32, after "necessary" insert ", as a result of the emergency,"
On page 85, line 19, after "(b)" strike "In a plat community, the governing documents" and insert "The association"
On page 85, line 21, after "States" strike ". The governing documents may include" and insert ", or the flag of Washington state, on or within a unit or a limited common element, except that an association may adopt"
On page 85, line 22, after "regulations" strike "regarding" and insert "pertaining to"
On page 85, line 29, after "(2)" strike "The" and insert "((The)) An"
On page 85, at the beginning of line 32, strike "the" and insert "((the)) an"
On page 85, line 32, after "rules" strike "governing" and insert "((governing)) pertaining to"
EFFECT: Provides that an association may collect an exclusive assessment against a unit owner limited to the expense the association incurred less any insured proceeds received by the association.
Requires a quorum for unit owner approval of amendments to an association's declaration to reallocate a common element as a limited common element or to reallocate the boundary of a unit.
Provides that installation of an electric vehicle charging station on the common elements does not require a reallocation.
Requires the board to have received confirmation of payment in addition to cleared funds before any suspended right or privilege of a unit owner who fails to pay an assessment is restored.
Provides that a transferee is presumed to elect to accept a special declarant right if a judgment or instrument does not describe a special declarant right.
Requires an association to produce retained records within 10 days' notice unless the request or redaction reasonably requires a longer time, and in no event later than 21 days unless a court order allows a longer time.
Requires an association to redact or otherwise remove the electronic address of any unit owner who elects to keep such electronic address confidential, and the electronic address of any resident, prior to disclosure of records.
Clarifies that a board may take necessary actions that are a result of an emergency to protect the common interest community.
Prohibits all associations from prohibiting the installation of a flagpole on or within a unit or a limited common element for the display of the United States or Washington flags, but allows such associations to adopt reasonable rules and regulations pertaining to the location and size of the flagpole.
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