2009 AMH KOHL H2178.1

HB 2009 - H AMD 000091 ADOPTED 3-15-93

By Representatives J. Kohl, Wineberry, Forner, and Sommers

    On page 6, after line 7, insert the following:

    "Sec. 11.  RCW 64.34.304 and 1990 c 166 s 3 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)))(13) 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;

    (l) Impose and collect reasonable charges for the preparation and recording of amendments to the declaration, resale certificates required by RCW 64.34.425, 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) Join in a petition for the establishment of a parking and business improvement area, participate in the rate payers' board or other advisory body set up by the legislative authority for operation of a parking and business improvement area, and pay special assessments levied by the legislative authority on a parking and business improvement area encompassing the condominium property for activities and projects which benefit the condominium directly or indirectly;

(p) Exercise any other powers conferred by the declaration or bylaws;

    (((p))) (q) Exercise all other powers that may be exercised in this state by the same type of corporation as the association; and

    (((q))) (r) 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. 12.  RCW 64.34.010 and 1992 c 220 s 1 are each amended to read as follows:

    (1) This chapter applies to all condominiums created within this state after July 1, 1990.  RCW 64.34.040 (separate titles and taxation), RCW 64.34.050 (applicability of local ordinances, regulations, and building codes), RCW 64.34.060 (condemnation), RCW 64.34.208 (construction and validity of declaration and bylaws), RCW 64.34.212 (description of units), RCW 64.34.304(1)(a) through (f) and (k) through (((q))) (r) (powers of unit owners' association), RCW 64.34.308(1) (board of directors and officers), RCW 64.34.340 (votingCproxies), RCW 64.34.344 (tort and contract liability), RCW 64.34.354 (notification on sale of unit), RCW 64.34.360(3) (common expensesCassessments), RCW 64.34.364 (lien for assessments), RCW 64.34.372 (association records), RCW 64.34.425 (resales of units), RCW 64.34.455 (effect of violation on rights of action; attorney's fees), and RCW 64.34.020 (definitions) to the extent necessary in construing any of those sections, apply to all condominiums created in this state before July 1, 1990; but those sections apply only with respect to events and circumstances occurring after July 1, 1990, and do not invalidate or supersede existing, inconsistent provisions of the declaration, bylaws, or survey maps or plans of those condominiums.

    (2) The provisions of chapter 64.32 RCW do not apply to condominiums created after July 1, 1990, and do not invalidate any amendment to the declaration, bylaws, and survey maps and plans of any condominium created before July 1, 1990, if the amendment would be permitted by this chapter.  The amendment must be adopted in conformity with the procedures and requirements specified by those instruments and by chapter 64.32 RCW.  If the amendment grants to any person any rights, powers, or privileges permitted by this chapter which are not otherwise provided for in the declaration or chapter 64.32 RCW, all correlative obligations, liabilities, and restrictions in this chapter also apply to that person.

    (3) This chapter does not apply to condominiums or units located outside this state.

    (4) RCW 64.34.400 (applicabilityCwaiver), RCW 64.34.405 (liability for public offering statement requirements), RCW 64.34.410 (public offering statementCgeneral provisions), RCW 64.34.415 (public offering statementCconversion condominiums), RCW 64.34.420 (purchaser's right to cancel), RCW 64.34.430 (escrow of deposits), RCW 64.34.440 (conversion condominiumsCnoticeCtenants), and RCW 64.34.455 (effect of violations on rights of actionCattorney's fees) apply with respect to all sales of units pursuant to purchase agreements entered into after July 1, 1990, in condominiums created before July 1, 1990, in which as of July 1, 1990, the declarant or an affiliate of the declarant owns or had the right to create at least ten units constituting at least twenty percent of the units in the condominium."

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