BILL REQ. #:  H-3372.2 

Read first time 01/16/2004.   Referred to Committee on Judiciary.

     AN ACT Relating to limiting homeowners' associations authority to restrict the use of fire resistant roofing materials; amending RCW 64.38.020; and adding a new section to chapter 64.38 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 64.38 RCW to read as follows:
     The governing documents of an association may not prohibit the owner of residential real property located within the association's jurisdiction from using fire resistant roofing materials that are:
     (1) Compatible with the structural and architectural design of the residence; and
     (2) Compatible with the general design aesthetics of other residential real property located within the association's jurisdiction.

Sec. 2   RCW 64.38.020 and 1995 c 283 s 4 are each amended to read as follows:
     (1) Unless otherwise provided in the governing documents, an association may:
     (((1))) (a) Adopt and amend bylaws, rules, and regulations;
     (((2))) (b) Adopt and amend budgets for revenues, expenditures, and reserves, and impose and collect assessments for common expenses from owners;
     (((3))) (c) Hire and discharge or contract with managing agents and other employees, agents, and independent contractors;
     (((4))) (d) Institute, defend, or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more owners on matters affecting the homeowners' association, but not on behalf of owners involved in disputes that are not the responsibility of the association;
     (((5))) (e) Make contracts and incur liabilities;
     (((6))) (f) Regulate the use, maintenance, repair, replacement, and modification of common areas;
     (((7))) (g) Cause additional improvements to be made as a part of the common areas;
     (((8))) (h) Acquire, hold, encumber, and convey in its own name any right, title, or interest to real or personal property;
     (((9))) (i) Grant easements, leases, licenses, and concessions through or over the common areas and petition for or consent to the vacation of streets and alleys;
     (((10))) (j) Impose and collect any payments, fees, or charges for the use, rental, or operation of the common areas;
     (((11))) (k) Impose and collect charges for late payments of assessments and, after notice and an opportunity to be heard by the board of directors or by the representative designated by the board of directors and in accordance with the procedures as provided in the bylaws or rules and regulations adopted by the board of directors, levy reasonable fines in accordance with a previously established schedule adopted by the board of directors and furnished to the owners for violation of the bylaws, rules, and regulations of the association;
     (((12))) (l) Exercise any other powers conferred by the bylaws;
     (((13))) (m) Exercise all other powers that may be exercised in this state by the same type of corporation as the association; and
     (((14))) (n) Exercise any other powers necessary and proper for the governance and operation of the association.
     (2) No association may enact, enforce, or maintain bylaws, rules, or regulations that prohibit the owner of residential real property located within the association's jurisdiction from using fire resistant roofing materials that are:
     (a) Compatible with the structural and architectural design of the residence; and
     (b) Compatible with the general design aesthetics of other residential real property located within the association's jurisdiction.