SUBSTITUTE SENATE BILL NO. 6776
C 166 L 90
State of Washington 51st Legislature 1990 Regular Session
By Senate Committee on Law & Justice (originally sponsored by Senators Nelson and Talmadge)
Read first time 2/1/90.
AN ACT Relating to condominiums; amending RCW 64.34.020, 64.34.200, 64.34.304, 64.34.352, 64.34.360, 64.34.364, 64.34.372, 64.34.400, 64.34.415, 64.34.425, and 64.34.440; adding new sections to chapter 64.34 RCW; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 1-103, chapter 43, Laws of 1989 and RCW 64.34.020 are each amended to read as follows:
In the declaration and bylaws, unless specifically provided otherwise or the context requires otherwise, and in this chapter:
(1) "Affiliate of a declarant" means any person who controls, is controlled by, or is under common control with a declarant. A person "controls" a declarant if the person: (a) Is a general partner, officer, director, or employer of the declarant; (b) directly or indirectly or acting in concert with one or more other persons, or through one or more subsidiaries, owns, controls, holds with power to vote, or holds proxies representing, more than twenty percent of the voting interest in the declarant; (c) controls in any manner the election of a majority of the directors of the declarant; or (d) has contributed more than twenty percent of the capital of the declarant. A person "is controlled by" a declarant if the declarant: (i) Is a general partner, officer, director, or employer of the person; (ii) directly or indirectly or acting in concert with one or more other persons, or through one or more subsidiaries, owns, controls, holds with power to vote, or holds proxies representing, more than twenty percent of the voting interest in the person; (iii) controls in any manner the election of a majority of the directors of the person; or (iv) has contributed more than twenty percent of the capital of the person. Control does not exist if the powers described in this subsection are held solely as security for an obligation and are not exercised.
(2) "Allocated interests" means the undivided interest in the common elements, the common expense liability, and votes in the association allocated to each unit.
(3) "Assessment" means all sums chargeable by the association against a unit including, without limitation: (a) Regular and special assessments for common expenses, charges, and fines imposed by the association; (b) interest and late charges on any delinquent account; and (c) costs of collection, including reasonable attorneys' fees, incurred by the association in connection with the collection of a delinquent owner's account.
(4) "Association" or "unit owners' association" means the unit owners' association organized under RCW 64.34.300.
(5) "Board of directors" means the body, regardless of name, with primary authority to manage the affairs of the association.
(6) "Common elements" means all portions of a condominium other than the units.
(7) "Common expenses" means expenditures made by or financial liabilities of the association, together with any allocations to reserves.
(8) "Common expense liability" means the liability for common expenses allocated to each unit pursuant to RCW 64.34.224.
(9) "Condominium" means real property, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real property is not a condominium unless the undivided interests in the common elements are vested in the unit owners, and unless a declaration and a survey map and plans have been recorded pursuant to this chapter.
building)) condominium" means a (( building
that)) condominium (a) that at any time before creation of the
condominium was lawfully occupied wholly or partially by (( persons
other than purchasers and persons who occupy with the consent of purchasers))
a tenant or subtenant for residential purposes pursuant to a rental
agreement, oral or written, express or implied, or (b) that, at any time before
the conveyance of, or acceptance of an agreement to convey, any unit therein
other than to a declarant or any affiliate of a declarant, was lawfully
occupied by a residential tenant of a declarant or an affiliate of a declarant
and such tenant was not notified in writing, prior to lawfully occupying a unit
or executing a rental agreement, whichever event first occurs, that the unit
was part of a condominium and subject to sale. "Conversion
condominium" shall not include a condominium in which, before the
effective date of this act, any unit therein had been conveyed or been made
subject to an agreement to convey to any transferee other than a declarant or
an affiliate of a declarant.
(11) "Conveyance" means any transfer of the ownership of a unit, including a transfer by deed or by real estate contract and, with respect to a unit in a leasehold condominium, a transfer by lease or assignment thereof, but shall not include a transfer solely for security.
(12) "Dealer" means a person who owns either six or more units in a condominium or fifty percent or more of the units in a condominium which have not previously been disposed of to any person other than a declarant or a dealer.
(13) "Declarant" means any person or group of persons acting in concert who (a) executes as declarant a declaration as defined in subsection (15) of this section, or (b) reserves or succeeds to any special declarant right under the declaration.
(14) "Declarant control" means the right of the declarant or persons designated by the declarant to appoint and remove officers and members of the board of directors pursuant to RCW 64.34.308 (4) or (5).
(15) "Declaration" means the document, however denominated, that creates a condominium by setting forth the information required by RCW 64.34.216 and any amendments to that document.
(16) "Development rights" means any right or combination of rights reserved by a declarant in the declaration to: (a) Add real property or improvements to a condominium; (b) create units, common elements, or limited common elements within real property included or added to a condominium; (c) subdivide units or convert units into common elements; or (d) withdraw real property from a condominium.
(17) "Dispose" or "disposition" means a voluntary transfer or conveyance to a purchaser or lessee of any legal or equitable interest in a unit, but does not include the transfer or release of a security interest.
(18) "Eligible mortgagee" means the holder of a mortgage on a unit that has filed with the secretary of the association a written request that it be given copies of notices of any action by the association that requires the consent of mortgagees.
(19) "Foreclosure" means a forfeiture or judicial or nonjudicial foreclosure of a mortgage or a deed in lieu thereof.
(20) "Identifying number" means a symbol or address that identifies only one unit in a condominium.
(21) "Leasehold condominium" means a condominium in which all or a portion of the real property is subject to a lease, the expiration or termination of which will terminate the condominium or reduce its size.
(22) "Limited common element" means a portion of the common elements allocated by the declaration or by operation of RCW 64.34.204 (2) or (4) for the exclusive use of one or more but fewer than all of the units.
(23) "Master association" means an organization described in RCW 64.34.276, whether or not it is also an association described in RCW 64.34.300.
(24) "Mortgage" means a mortgage, deed of trust or real estate contract.
(25) "Person" means a natural person, corporation, partnership, limited partnership, trust, governmental subdivision or agency, or other legal entity.
(26) "Purchaser" means any person, other than a declarant or a dealer, who by means of a disposition acquires a legal or equitable interest in a unit other than (a) a leasehold interest, including renewal options, of less than twenty years at the time of creation of the unit, or (b) as security for an obligation.
(27) "Real property" means any fee, leasehold or other estate or interest in, over, or under land, including structures, fixtures, and other improvements thereon and easements, rights and interests appurtenant thereto which by custom, usage, or law pass with a conveyance of land although not described in the contract of sale or instrument of conveyance. "Real property" includes parcels, with or without upper or lower boundaries, and spaces that may be filled with air or water.
(28) "Residential purposes" means use for dwelling or recreational purposes, or both.
(29) "Special declarant rights" means rights reserved for the benefit of a declarant to: (a) Complete improvements indicated on survey maps and plans filed with the declaration under RCW 64.34.232; (b) exercise any development right under RCW 64.34.236; (c) maintain sales offices, management offices, signs advertising the condominium, and models under RCW 64.34.256; (d) use easements through the common elements for the purpose of making improvements within the condominium or within real property which may be added to the condominium under RCW 64.34.260; (e) make the condominium part of a larger condominium or a development under RCW 64.34.276; (f) make the condominium subject to a master association under RCW 64.34.276; or (g) appoint or remove any officer of the association or any master association or any member of the board of directors during any period of declarant control under RCW 64.34.308(3).
(30) "Timeshare" shall have the meaning specified in the timeshare act, RCW 64.36.010(11).
(31) "Unit" means a physical portion of the condominium designated for separate ownership, the boundaries of which are described pursuant to RCW 64.34.216(1)(d). "Separate ownership" includes leasing a unit in a leasehold condominium under a lease that expires contemporaneously with any lease, the expiration or termination of which will remove the unit from the condominium.
(32) "Unit owner" means a declarant or other person who owns a unit or leases a unit in a leasehold condominium under a lease that expires simultaneously with any lease, the expiration or termination of which will remove the unit from the condominium, but does not include a person who has an interest in a unit solely as security for an obligation. "Unit owner" means the vendee, not the vendor, of a unit under a real estate contract.
Sec. 2. Section 2-101, chapter 43, Laws of 1989 and RCW 64.34.200 are each amended to read as follows:
(1) A condominium may be created pursuant to this chapter only by recording a declaration executed by the owner of the interest subject to this chapter in the same manner as a deed and by simultaneously recording a survey map and plans pursuant to RCW 64.34.232. The declaration and survey map and plans must be recorded in every county in which any portion of the condominium is located, and the condominium shall not have the same name as any other existing condominium, whether created under this chapter or under chapter 64.32 RCW, in any county in which the condominium is located.
declaration or an amendment to a declaration adding units to a condominium may
not be recorded unless (a) all structural components and mechanical
systems of all buildings containing or comprising any units thereby created are
substantially completed as evidenced by a recorded certificate of completion
executed by the declarant, and (b) all horizontal and vertical boundaries of
such units ((
thereby created)) are substantially completed in
accordance with the plans required to be recorded by RCW 64.34.232, as
evidenced by a recorded certificate of completion executed by a licensed
Sec. 3. Section 3-102, chapter 43, Laws of 1989 and RCW 64.34.304 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) 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;
and collect reasonable charges for the preparation and recording of amendments
to the declaration, resale certificates required by RCW ((
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) Exercise any other powers conferred by the declaration or bylaws;
(p) Exercise all other powers that may be exercised in this state by the same type of corporation as the association; and
(q) 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. 4. Section 3-114, chapter 43, Laws of 1989 and RCW 64.34.352 are each amended to read as follows:
(1) Commencing not later than the time of the first conveyance of a unit to a person other than a declarant, the association shall maintain, to the extent reasonably available:
(a) Property insurance on the condominium, which may, but need not, include equipment, improvements, and betterments in a unit installed by the declarant or the unit owners, insuring against all risks of direct physical loss commonly insured against or, in the case of a conversion building, against fire and extended coverage perils. The total amount of insurance after application of any deductibles shall be not less than eighty percent, or such greater amount specified in the declaration, of the actual cash value of the insured property at the time the insurance is purchased and at each renewal date, exclusive of land, excavations, foundations, and other items normally excluded from property policies; and
(b) Liability insurance, including medical payments insurance, in an amount determined by the board of directors but not less than the amount specified in the declaration, covering all occurrences commonly insured against for death, bodily injury, and property damage arising out of or in connection with the use, ownership, or maintenance of the common elements.
(2) If the insurance described in subsection (1) of this section is not reasonably available, or is modified, canceled, or not renewed, the association promptly shall cause notice of that fact to be hand-delivered or sent prepaid by first class United States mail to all unit owners, to each eligible mortgagee, and to each mortgagee to whom a certificate or memorandum of insurance has been issued at their respective last known addresses. The declaration may require the association to carry any other insurance, and the association in any event may carry any other insurance it deems appropriate to protect the association or the unit owners.
(3) Insurance policies carried pursuant to subsection (1) of this section shall provide that:
(a) Each unit owner is an insured person under the policy with respect to liability arising out of the owner's interest in the common elements or membership in the association;
(b) The insurer waives its right to subrogation under the policy against any unit owner, member of the owner's household, and lessee of the owner;
(c) No act or omission by any unit owner, unless acting within the scope of the owner's authority on behalf of the association, will void the policy or be a condition to recovery under the policy; and
(d) If, at the time of a loss under the policy, there is other insurance in the name of a unit owner covering the same risk covered by the policy, the association's policy provides primary insurance.
(4) Any loss covered by the property insurance under subsection (1)(a) of this section must be adjusted with the association, but the insurance proceeds for that loss are payable to any insurance trustee designated for that purpose, or otherwise to the association, and not to any holder of a mortgage. The insurance trustee or the association shall hold any insurance proceeds in trust for unit owners and lienholders as their interests may appear. Subject to the provisions of subsection (7) of this section, the proceeds must be disbursed first for the repair or restoration of the damaged property, and unit owners and lienholders are not entitled to receive payment of any portion of the proceeds unless there is a surplus of proceeds after the property has been completely repaired or restored or the condominium is terminated.
(5) An insurance policy issued to the association does not prevent a unit owner from obtaining insurance for the owner's own benefit.
insurer that has issued an insurance policy under this section shall issue
certificates or memoranda of insurance to the association and, upon written
request, to any unit owner or holder of a mortgage. The insurer issuing the
policy may not modify((
,)) the amount or the extent of the coverage
of the policy or cancel(( ,)) or refuse to renew (( it until thirty
days after notice of the proposed modification, cancellation, or nonrenewal has
been mailed to the association, each unit owner, and each holder of a mortgage
to whom a certificate or memorandum of insurance has been issued at their
respective last known addresses)) the policy unless the insurer has
complied with all applicable provisions of chapter 48.18 RCW pertaining to the
cancellation or nonrenewal of contracts of insurance. The insurer shall
not modify the amount or the extent of the coverage (( by)) of the
policy, or cancel or refuse to renew the policy(( ,)) without complying
with this section.
(7) Any portion of the condominium for which insurance is required under this section which is damaged or destroyed shall be repaired or replaced promptly by the association unless: (a) The condominium is terminated; (b) repair or replacement would be illegal under any state or local health or safety statute or ordinance; or (c) eighty percent of the unit owners, including every owner of a unit or assigned limited common element which will not be rebuilt, vote not to rebuild. The cost of repair or replacement in excess of insurance proceeds and reserves is a common expense. If all of the damaged or destroyed portions of the condominium are not repaired or replaced: (i) The insurance proceeds attributable to the damaged common elements shall be used to restore the damaged area to a condition compatible with the remainder of the condominium; (ii) the insurance proceeds attributable to units and limited common elements which are not rebuilt shall be distributed to the owners of those units and the owners of the units to which those limited common elements were allocated, or to lienholders, as their interests may appear; and (iii) the remainder of the proceeds shall be distributed to all the unit owners or lienholders, as their interests may appear, in proportion to the common element interests of all the units. If the unit owners vote not to rebuild any unit, that unit's allocated interests are automatically reallocated upon the vote as if the unit had been condemned under RCW 64.34.060(1), and the association promptly shall prepare, execute, and record an amendment to the declaration reflecting the reallocations. Notwithstanding the provisions of this subsection, RCW 64.34.268 governs the distribution of insurance proceeds if the condominium is terminated.
(8) The provisions of this section may be varied or waived as provided in the declaration if all units of a condominium are restricted to nonresidential use.
Sec. 5. Section 3-116, chapter 43, Laws of 1989 and RCW 64.34.360 are each amended to read as follows:
the association makes a common expense assessment, the declarant shall pay all
common expenses. After any assessment has been made by the association,
assessments must be made ((
at least annually)) against all units,
based on a budget adopted (( at least annually)) by the association.
(2) Except for assessments under subsections (3), (4), and (5) of this section, all common expenses must be assessed against all the units in accordance with the allocations set forth in the declaration pursuant to RCW 64.34.224(1). Any past due common expense assessment or installment thereof bears interest at the rate established by the association pursuant to RCW 64.34.364.
(3) To the extent required by the declaration:
(a) Any common expense associated with the operation, maintenance, repair, or replacement of a limited common element shall be paid by the owner of or assessed against the units to which that limited common element is assigned, equally, or in any other proportion that the declaration provides;
(b) Any common expense or portion thereof benefiting fewer than all of the units must be assessed exclusively against the units benefited;
(c) The costs of insurance must be assessed in proportion to risk; and
(d) The costs of utilities must be assessed in proportion to usage.
(4) Assessments to pay a judgment against the association pursuant to RCW 64.34.368(1) may be made only against the units in the condominium at the time the judgment was entered in proportion to their allocated common expense liabilities at the time the judgment was entered.
(5) To the extent that any common expense is caused by the misconduct of any unit owner, the association may assess that expense against the owner's unit.
(6) If common expense liabilities are reallocated, common expense assessments and any installment thereof not yet due shall be recalculated in accordance with the reallocated common expense liabilities.
Sec. 6. Section 3-117, chapter 43, Laws of 1989 and RCW 64.34.364 are each amended to read as follows:
association has a lien on a unit for any unpaid assessments levied against a unit
from the time the assessment is due. ((
Unless the declaration provides
otherwise, fees, late charges, fines, and interest charged pursuant to RCW
64.34.304(1) (j), (k), and (l) are enforceable as assessments under this
section. If an assessment is payable in installments, the association has a
lien for the full amount of the assessment from the time the first installment
thereof is due.))
(2) A lien
under this section shall be prior to all other liens and encumbrances on a unit
except: (a) Liens and encumbrances recorded before the recording of the
declaration; (b) a mortgage on the unit recorded before the date on which the
assessment sought to be enforced became delinquent; and (c) liens for real
property taxes and other governmental assessments or charges against the unit.
If the association elects to foreclose its)) A lien under this
section (( judicially pursuant to chapter 61.12 RCW rather than nonjudicially
pursuant to chapter 61.24 RCW, as provided by subsection (6) of this section,))
is not subject to the provisions of chapter 6.13 RCW.
Except as provided in subsections (4) and (5) of this section, the lien
shall also be prior to the mortgages described in subsection (2)(b) of
subsection)) section to the extent of assessments for common
expenses, excluding any amounts for capital improvements, based on the periodic
budget adopted by the association pursuant to RCW 64.34.360(1) which would have
become due(( , in the absence of acceleration,)) during the six months
immediately preceding (( institution of an action to enforce the lien:
PROVIDED, That the)) the date of a sheriff's sale in an action for
judicial foreclosure by either the association or a mortgagee, the date of a
trustee's sale in a nonjudicial foreclosure by a mortgagee, or the date of
recording of the declaration of forfeiture in a proceeding by the vendor under
a real estate contract.
priority of the association's lien against units encumbered by a mortgage held
by an eligible mortgagee or by a ((
first)) mortgagee which has given the
association a written request for a notice of delinquent assessments shall be
reduced by up to three months if and to the extent (( its foreclosure)) that
the lien priority under subsection (3) of this section includes
delinquencies which relate to a period after such holder becomes an eligible
mortgagee or has given such notice and before the association gives the holder
a written notice of the delinquency. This subsection does not affect the
priority of mechanics' or materialmen's liens, or the priority of liens for
other assessments made by the association. (( A))
the association forecloses its lien under this section ((
is not subject
to the provisions of chapter 6.13 RCW)) nonjudicially pursuant to chapter
61.24 RCW, as provided by subsection (9) of this section, the association shall
not be entitled to the lien priority provided for under subsection (3) of this
(6) Unless the declaration otherwise provides, if two or more associations
have liens for assessments created at any time on the same real estate, those
liens have equal priority.
(7) Recording of the declaration constitutes record notice and
perfection of the lien for assessments. While no further recording of any claim
of lien for assessment under this section shall be required to perfect the
association's lien, the association may record a notice of claim of lien for
assessments under this section in the real property records of any county in
which the condominium is located. Such recording shall not constitute the
written notice of delinquency to a mortgagee referred to in subsection (2) of
(8) A lien for unpaid assessments and the personal liability for
payment of assessments is extinguished unless proceedings to enforce the
lien or collect the debt are instituted within three years after the
amount of the assessments sought to be recovered becomes due.
(9) The lien arising under this section may be enforced judicially by
the association or its authorized representative in the manner set forth in
chapter 61.12 RCW (( or)). The lien arising under this section may be
enforced nonjudicially in the manner set forth in chapter 61.24 RCW for
nonjudicial foreclosure of deeds of trust if the declaration (( so provides
and contains the prerequisites therefor set forth in such chapter)) (a)
contains a grant of the condominium in trust to a trustee qualified under RCW
61.24.010 to secure the obligations of the unit owners to the association for the
payment of assessments, (b) contains a power of sale, (c) provides in its terms
that the units are not used principally for agricultural or farming purposes,
and (d) provides that the power of sale is operative in the case of a default
in the obligation to pay assessments. The association or its authorized
representative shall have the power, unless prohibited by the declaration, to
purchase the unit at the foreclosure sale and to acquire, hold, lease,
mortgage, or convey the same. Upon an express waiver in the complaint of any
right to a deficiency judgment in a judicial foreclosure action, the period of
redemption shall be eight months. Nothing in this section shall prohibit an
association from taking a deed in lieu of foreclosure.
(10) From the time of commencement of an action by the association to
foreclose a lien for nonpayment of delinquent assessments against a unit that
is not occupied by the owner thereof, the association shall be entitled to the
appointment of a receiver to collect from the lessee thereof the rent for the
unit as and when due. If the rental is not paid, the receiver may obtain
possession of the unit, refurbish it for rental up to a reasonable standard for
rental units in this type of condominium, rent the unit or permit its rental to
others, and apply the rents first to the cost of the receivership and
attorneys' fees thereof, then to the cost of refurbishing the unit, then to
applicable charges, then to costs, fees, and charges of the foreclosure action,
and then to the payment of the delinquent assessments. Only a receiver may
take possession and collect rents under this subsection, and a receiver shall
not be appointed less than ninety days after the delinquency. The exercise by
the association of the foregoing rights shall not affect the priority of
preexisting liens on the unit.
(11) Except as provided in subsection (( (2))) (3) of this
section, the holder of a mortgage or other purchaser of a unit who obtains the
right of possession of the unit through foreclosure shall not be liable for
assessments or installments thereof that became due prior to such right
of possession. Such unpaid assessments shall be deemed to be common expenses
collectible from all the unit owners, including such mortgagee or other
purchaser of the unit. Foreclosure of a mortgage does not relieve the prior
owner of personal liability for assessments accruing against the unit prior to
the date of such sale as provided in this subsection.
(12) In addition to constituting a lien on the unit, each assessment
shall be the joint and several obligation of the owner or owners of the unit to
which the same are assessed as of the time the assessment is due. In a
voluntary conveyance, the grantee of a unit shall be jointly and severally
liable with the grantor for all unpaid assessments against the grantor up to
the time of the grantor's conveyance, without prejudice to the grantee's right
to recover from the grantor the amounts paid by the grantee therefor. Suit
to recover a personal judgment for any delinquent assessment shall be
maintainable in any court of competent jurisdiction without foreclosing or
waiving the lien securing such sums.
(13) The association may from time to time establish reasonable late
charges and a rate of interest to be charged on all subsequent delinquent
assessments or installments thereof. In the absence of another established
nonusurious rate, delinquent assessments shall bear interest from the date of
delinquency at the maximum rate permitted under RCW 19.52.020 on the date on
which the assessments became delinquent.
(14) The association shall be entitled to recover any costs and
reasonable attorneys' fees incurred in connection with the collection of
delinquent assessments, whether or not such collection activities result in
suit being commenced or prosecuted to judgment. In addition, the association
shall be entitled to recover costs and reasonable attorneys' fees if it
prevails on appeal and in the enforcement of a judgment.
(15) The association upon written request shall furnish to a unit owner
or a mortgagee a statement signed by an officer or authorized agent of the
association setting forth the amount of unpaid assessments against that unit.
The statement shall be furnished within fifteen days after receipt of the
request and is binding on the association, the board of directors, and every
unit owner, unless and to the extent known by the recipient to be false.
(16) To the extent not inconsistent with this section, the declaration
may provide for such additional remedies for collection of assessments as may
be permitted by law.
Sec. 7. Section 3-119, chapter 43, Laws of 1989 and RCW 64.34.372 are each amended to read as follows:
association shall keep financial records sufficiently detailed to enable the
association to comply with RCW 64.34.425. All financial and other records
shall be made reasonably available for examination by any unit owner and the
owner's authorized agents. At least annually, the association shall
prepare, or cause to be prepared, a financial statement of the association in
accordance with generally accepted accounting principles. The financial ((
statements of condominiums consisting of fifty or more units shall be
audited at least annually by a certified public accountant. In the case of a
condominium consisting of fewer than fifty units, an annual audit is also
required but may be waived annually by unit owners other than the declarant of
units to which sixty percent of the votes are allocated, excluding the votes
allocated to units owned by the declarant.
(2) The funds of an association shall not be commingled with the funds of any other association, nor with the funds of any manager of the association or any other person responsible for the custody of such funds. Any reserve funds of an association shall be kept in a segregated account and any transaction affecting such funds, including the issuance of checks, shall require the signature of at least two persons who are officers or directors of the association.
NEW SECTION. Sec. 8. A new section is added to chapter 64.34 RCW to read as follows:
Promptly upon the conveyance of a unit, the new unit owner shall notify the association of the date of the conveyance and the unit owner's name and address. The association shall notify each insurance company that has issued an insurance policy to the association for the benefit of the owners under RCW 64.34.352 of the name and address of the new owner and request that the new owner be made a named insured under such policy.
Sec. 9. Section 4-101, chapter 43, Laws of 1989 and RCW 64.34.400 are each amended to read as follows:
article applies to all units subject to this chapter, except as provided in
subsection (2) of this section and unless and to the extent otherwise agreed to
in writing by the seller and purchasers of those units ((
are (( not)) restricted to nonresidential use in the declaration.
(2) Neither a public offering statement nor a resale certificate need be prepared or delivered in the case of:
(a) A conveyance by gift, devise, or descent;
(b) A conveyance pursuant to court order;
(c) A disposition by a government or governmental agency;
(d) A conveyance by foreclosure;
(e) A disposition to a dealer who intends to offer those units to purchasers; or
(f) A disposition that may be canceled at any time and for any reason by the purchaser without penalty.
Sec. 10. Section 4-104, chapter 43, Laws of 1989 and RCW 64.34.415 are each amended to read as follows:
public offering statement of a conversion condominium ((
any conversion building)) shall contain, in addition to the information
required by RCW 64.34.410:
statement by the declarant, based on a report prepared by an independent,
licensed architect or engineer, describing, to the extent reasonably
ascertainable, the present condition of all structural components and
mechanical and electrical installations material to the use and enjoyment of
(b) A statement by the declarant of the expected useful life of each item reported on in (a) of this subsection or a statement that no representations are made in that regard; and
(c) A list of any outstanding notices of uncured violations of building code or other municipal regulations, together with the estimated cost of curing those violations. Unless the purchaser waives in writing the curing of specific violations, the extent to which the declarant will cure such violations prior to the closing of the sale of a unit in the condominium shall be included.
section applies only to ((
buildings)) condominiums containing
units that may be occupied for residential use.
NEW SECTION. Sec. 11. A new section is added to chapter 64.34 RCW to read as follows:
If a unit is offered for sale for which the delivery of a public offering statement or other disclosure document is required under the laws of any state or the United States, a single disclosure document conforming to the requirements of RCW 64.34.410 and 64.34.415 and conforming to any other requirement imposed under such laws, may be prepared and delivered in lieu of providing two or more disclosure documents.
Sec. 12. Section 4-107, chapter 43, Laws of 1989 and RCW 64.34.425 are each amended to read as follows:
(1) Except in the case of a sale where delivery of a public offering statement is required, or unless exempt under RCW 64.34.400(2), a unit owner shall furnish to a purchaser before execution of any contract for sale of a unit, or otherwise before conveyance, a copy of the declaration, the bylaws, the rules or regulations of the association, and a certificate, based on the books and records of the association and the actual knowledge of the person signing the certificate, containing:
(a) A statement disclosing the effect on the proposed conveyance of any right of first refusal or other restraint on the free alienability of the unit;
(b) A statement setting forth the amount of the monthly common expense assessment and any unpaid common expense or special assessment currently due and payable from the selling unit owner and a statement of any special assessments that have been levied against the unit which have not been paid even though not yet due;
statement, which shall be current to within forty-five days, of any common
and)) or special assessments against any unit in
the condominium that are past due over thirty days;
(d) A statement, which shall be current to within forty-five days, of any
obligation of the association which is past due over thirty days;
(e) A statement of any other fees payable by unit owners;
(f) A statement of any anticipated (( capital expenditures)) repair
or replacement cost in excess of five percent of the annual budget of the
association that (( have)) has been approved by the board of
(g) A statement of the amount of any reserves for (( capital
expenditures)) repair or replacement and of any portions of those
reserves currently designated by the association for any specified projects;
(h) The annual financial statement of the association, including the audit
report if it has been prepared, for the year immediately preceding the current
A balance sheet and a revenue and expense statement of the association prepared
on an accrual basis, which shall be current to within one hundred twenty
, and an income and expense statement of the association, if an income
and expense statement has been prepared));
(j) The current operating budget of the association;
(k) A statement of any unsatisfied judgments against the association and
the status of any pending suits in which the association is a defendant;
(l) A statement describing any insurance coverage provided for the
benefit of unit owners;
(m) A statement as to whether there are any alterations or improvements
to the unit or to the limited common elements assigned thereto that violate any
provision of the declaration;
(n) A statement of the number of units, if any, still owned by the
declarant, whether the declarant has transferred control of the association to
the unit owners, and the date of such transfer;
(o) A statement as to whether there are any violations of the health or
building codes with respect to the unit, the limited common elements assigned
thereto, or any other portion of the condominium; (( and (m))) (p) A statement of the remaining term of any
leasehold estate affecting the condominium and the provisions governing any
extension or renewal thereof; and
(q) Any other information reasonably requested by mortgagees of prospective purchasers of units. Information requested generally by federal national mortgage association, federal home loan bank board, government national mortgage association, the veterans administration and the department of housing and urban development shall be deemed reasonable, provided such information is reasonably available to the association.
association, within ten days after a request by a unit owner, shall furnish a
certificate containing the information necessary to enable the unit owner to
comply with this section. ((
A)) The unit owner (( providing a))
shall also sign the certificate (( pursuant to subsection (1) of this
section)) but the unit owner is not liable to the purchaser for any
erroneous information provided by the association and included in the
certificate unless and to the extent the unit owner had actual knowledge
(3) A purchaser is not liable for any unpaid assessment or fee against the unit as of the date of the certificate greater than the amount set forth in the certificate prepared by the association unless and to the extent such purchaser had actual knowledge thereof. A unit owner is not liable to a purchaser for the failure or delay of the association to provide the certificate in a timely manner, but the purchaser's contract is voidable by the purchaser until the certificate has been provided and for five days thereafter or until conveyance, whichever occurs first.
Sec. 13. Section 4-110, chapter 43, Laws of 1989 and RCW 64.34.440 are each amended to read as follows:
declarant of a conversion condominium ((
buildings)), and any dealer who intends to offer units in such a
condominium, shall give each of the residential tenants and any residential
subtenant in possession of a portion of a conversion (( building)) condominium
notice of the conversion and provide those persons with the public offering
statement no later than ninety days before the tenants and any subtenant in
possession are required to vacate. The notice must set forth generally the
rights of tenants and subtenants under this section and shall be delivered
pursuant to notice requirements set forth in RCW 59.12.040. No tenant or
subtenant may be required to vacate upon less than ninety days' notice, except
by reason of nonpayment of rent, waste, conduct that disturbs other tenants'
peaceful enjoyment of the premises, or act of unlawful detainer as defined in
RCW 59.12.030, and the terms of the tenancy may not be altered during that
period. Nothing in this subsection shall be deemed to waive or repeal RCW
59.18.200(2). Failure to give notice as required by this section is a defense
to an action for possession.
sixty days after delivery or mailing of the notice described in subsection (1)
of this section, the person required to give the notice shall offer to convey
each unit or proposed unit occupied for residential use to the tenant who
leases that unit. If a tenant fails to purchase the unit during that sixty-day
period, the offeror may not offer to dispose of an interest in that unit during
the following one hundred eighty days at a price or on terms more favorable to
the offeree than the price or terms offered to the tenant. This subsection
does not apply to any unit in a conversion ((
if that unit will be restricted exclusively to nonresidential use or the
boundaries of the converted unit do not substantially conform to the dimensions
of the residential unit before conversion.
(3) If a seller, in violation of subsection (2) of this section, conveys a unit to a purchaser for value who has no knowledge of the violation, recording of the deed conveying the unit extinguishes any right a tenant may have to purchase that unit but does not affect the right of a tenant to recover damages from the seller for a violation of subsection (2) of this section.
(4) If a notice of conversion specifies a date by which a unit or proposed unit must be vacated and otherwise complies with the provisions of this chapter and chapter 59.18 RCW, the notice also constitutes a notice to vacate specified by that statute.
(5) Nothing in this section permits termination of a lease by a declarant in violation of its terms. (6) Notwithstanding RCW 64.34.050(1), a city or county may by appropriate ordinance require with respect to any conversion condominium within the jurisdiction of such city or county that:
(a) In addition to the statement required by RCW 64.34.415 (1)(a), the public offering statement shall contain a copy of the written inspection report prepared by the appropriate department of such city or county, which report shall list any violations of the housing code or other governmental regulation, which code or regulation is applicable regardless of whether the real property is owned as a condominium or in some other form of ownership; said inspection shall be made within forty-five days of the declarant's written request therefor and said report shall be issued within fourteen days of said inspection being made;
(b) Prior to the conveyance of any residential unit within a conversion condominium, other than a conveyance to a declarant or affiliate of a declarant: (i) All violations disclosed in the inspection report provided for in (a) of this subsection, and not otherwise waived by such city or county, shall be repaired, and (ii) a certification shall be obtained from such city or county that such repairs have been made, which certification shall be based on a reinspection to be made within seven days of the declarant's written request therefor and which certification shall be issued within seven days of said reinspection being made;
(c) The repairs required to be made under (b) of this subsection shall be warranted by the declarant against defects due to workmanship or materials for a period of one year following the completion of such repairs;
(d) Prior to the conveyance of any residential unit within a conversion condominium, other than a conveyance to a declarant or affiliate of a declarant: (i) The declarant shall establish and maintain, during the one-year warranty period provided under (c) of this subsection, an account containing a sum equal to ten percent of the actual cost of making the repairs required under (b) of this subsection; (ii) during the one-year warranty period, the funds in such account shall be used exclusively for paying the actual cost of making repairs required, or for otherwise satisfying claims made, under such warranty; (iii) following the expiration of the one-year warranty period, any funds remaining in such account shall be immediately disbursed to the declarant; and (iv) the declarant shall notify in writing the association and such city or county as to the location of such account and any disbursements therefrom; and
(e) Relocation assistance not to exceed five hundred dollars per unit shall be paid to tenants and subtenants who elect not to purchase a unit and who are in lawful occupancy for residential purposes of a unit and whose monthly household income from all sources, on the date of the notice described in subsection (1) of this section, was less than an amount equal to eighty percent of (i) the monthly median income for comparably sized households in the standard metropolitan statistical area, as defined and established by the United States department of housing and urban development, in which the condominium is located, or (ii) if the condominium is not within a standard metropolitan statistical area, the monthly median income for comparably sized households in the state of Washington, as defined and determined by said department. The household size of a unit shall be based on the number of persons actually in lawful occupancy of the unit. The tenant or subtenant actually in lawful occupancy of the unit shall be entitled to the relocation assistance. Relocation assistance shall be paid on or before the date the tenant or subtenant vacates and shall be in addition to any damage deposit or other compensation or refund to which the tenant is otherwise entitled. Unpaid rent or other amounts owed by the tenant or subtenant to the landlord may be offset against the relocation assistance.
(7) Violations of any city or county ordinance adopted as authorized by subsection (6) of this section shall give rise to such remedies, penalties, and causes of action which may be lawfully imposed by such city or county. Such violations shall not invalidate the creation of the condominium or the conveyance of any interest therein.
NEW SECTION. Sec. 14. A new section is added to chapter 64.34 RCW to read as follows:
(1) A judicial proceeding for breach of any obligations arising under RCW 64.34.443 and 64.34.445 must be commenced within four years after the cause of action accrues: PROVIDED, That the period for commencing an action for a breach accruing pursuant to subsection (2)(b) of this section shall not expire prior to one year after termination of the period of declarant control, if any, under RCW 64.34.308(4). Such period may not be reduced by either oral or written agreement.
(2) Subject to subsection (3) of this section, a cause of action or breach of warranty of quality, regardless of the purchaser's lack of knowledge of the breach, accrues:
(a) As to a unit, the date the purchaser to whom the warranty is first made enters into possession if a possessory interest was conveyed or the date of acceptance of the instrument of conveyance if a nonpossessory interest was conveyed; and
(b) As to each common element, at the latest of (i) the date the first unit in the condominium was conveyed to a bona fide purchaser, (ii) the date the common element was completed, or (iii) the date the common element was added to the condominium.
(3) If a warranty of quality explicitly extends to future performance or duration of any improvement or component of the condominium, the cause of action accrues at the time the breach is discovered or at the end of the period for which the warranty explicitly extends, whichever is earlier.
NEW SECTION. Sec. 15. A new section is added to chapter 64.34 RCW to read as follows:
In the case of a sale of a unit where delivery of a public offering statement is required, a contract of sale may be executed, but no interest in that unit may be conveyed until (1) the declaration and survey map and plans which create the condominium in which that unit is located are recorded pursuant to RCW 64.34.200 and 64.34.232 and (2) the unit is substantially completed and available for occupancy, unless the declarant and purchaser have otherwise specifically agreed in writing as to the extent to which the unit will not be substantially completed and available for occupancy at the time of conveyance.
NEW SECTION. Sec. 16. This act shall take effect July 1, 1990.