BILL REQ. #:  S-4125.2 

Read first time 01/16/08.   Referred to Committee on Consumer Protection & Housing.

     AN ACT Relating to the regulation of conversion condominiums; amending RCW 64.34.440, 82.02.020, and 64.34.050; creating a new section; and providing an effective date.

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

Sec. 1   RCW 64.34.440 and 1992 c 220 s 25 are each amended to read as follows:
     (1)(a) A declarant of a conversion condominium, 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 condominium notice of the conversion and provide those persons with the public offering statement no later than ((ninety)) one hundred eighty days before the tenants and any subtenant in possession are required to vacate. The notice must:
     (i) Set forth generally the rights of tenants and subtenants under this section ((and shall));
     (ii) Be delivered pursuant to notice requirements set forth in RCW 59.12.040; and
     (iii) Expressly state whether there is a county or city relocation assistance program for tenants or subtenants of conversion condominiums in the jurisdiction in which the property is located. If the county or city does have a relocation assistance program, the following must also be included in the notice:
     (A) A summary of the terms and conditions under which relocation assistance is paid; and
     (B) Contact information for the city or county relocation assistance program, which must include, at a minimum, a telephone number of the city or county department that administers the relocation assistance program for conversion condominiums.
     (b) No tenant or subtenant may be required to vacate upon less than ((ninety)) one hundred eighty 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 except as provided in (c) of this subsection.
     (c) At the declarant's option, the declarant may provide all tenants in a single building with an option to terminate their lease or rental agreements without cause or consequence after providing the declarant with thirty days' notice. In such case, tenants continue to have access to relocation assistance under subsection (6)(e) of this section.
     (d) 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.
     (2) For 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 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 only if: (a) Such offeror, by written notice mailed to the tenant's last known address, offers to sell an interest in that unit at the more favorable price and terms, and (b) such tenant fails to accept such offer in writing within ten days following the mailing of the offer to the tenant. This subsection does not apply to any unit in a conversion condominium 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. Such inspection may not be required with respect to any building for which a final certificate of occupancy has been issued by the city or county within the preceding twenty-four months; and any fee imposed for the making of such inspection may not exceed the fee that would be imposed for the making of such an inspection for a purpose other than complying with this subsection (6)(a);
     (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) A declarant or dealer shall pay relocation assistance ((not to exceed five hundred dollars per unit shall be paid)), in an amount to be determined pursuant to the city or county ordinance, but does not exceed either three times the average monthly rent in the city or county, or three times the highest monthly rent in effect for the tenant's unit under the applicable lease or rental agreement, at any time after the date that is one hundred eighty days before the date of the notice described in subsection (1) of this section, to tenants and subtenants:
     (i) Who do not elect ((not)) to purchase a unit ((and));
     (ii) Who are in lawful occupancy for residential purposes of a unit; and
     (iii) Whose ((monthly)) annual 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))):
     (A) The ((monthly)) annual median family income ((for comparably sized households)) in the standard metropolitan statistical area, or if so provided by ordinance in a subarea, as ((defined and established)) estimated by the United States department of housing and urban development, and as adjusted for family size according to the method used for income limits by the United States department of housing and urban development, in which the condominium is located((,)); or (((ii)))
     (B) If the condominium is not within a ((standard)) metropolitan statistical area, the ((monthly)) annual median family income ((for comparably sized households)) in the state of Washington, as ((defined and determined by said department)) estimated by the United States department of housing and urban development, and as adjusted for family size according to the method used for income limits by the United States department of housing and urban development.
     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. The requirement for relocation assistance under this subsection is authorized whether or not the relocation assistance may be considered a tax. The declarant shall provide to the city or county a copy of the notice required under subsection (1)(a) of this section at the same time the notice is provided to the tenants or subtenants. The declarant shall also provide other notices and documentation that the city or county may require by ordinance or rule to administer the relocation assistance requirement and verify compliance under this section. 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;
     (f) The amount of relocation assistance may be adjusted annually by the percentage amount of change in the housing component of the consumer price index for all United States cities, as published by the bureau of labor statistics, United States department of labor;
     (g) Except as authorized under (h) of this subsection, a declarant and any dealer shall not perform or cause any construction, remodeling, or repairs to any interior or exterior portion of an occupied building that is to be converted to a condominium during the one hundred eighty-day notice period provided for in subsection (1) of this section unless all residential tenants and residential subtenants who have elected not to purchase a unit and who are in lawful occupancy in the building have vacated the premises. For the purposes of this subsection:
     (i) "Construction, remodeling, or repairs" means the work that is done for the purpose of converting the condominium, not work that is done to maintain minimum health and safety requirements for the existing tenants or subtenants or work that is requested by the existing tenants or subtenants;
     (ii) "Occupied building" means a stand-alone structure occupied by tenants and does not include other stand-alone buildings located on the property or detached common area facilities;
     (h)(i) A declarant and any dealer may begin specific limited construction, remodeling, or repair activities as described under (h)(i)(A), (B), and (C) of this subsection to interior or exterior portions of an occupied building during the one hundred eighty-day notice period only if all tenants and subtenants have either vacated the premises or have provided to the declarant or dealer signed waivers documenting their consent to the specific limited construction, remodeling, or repair activities that consist of:
     (A) The repair or remodel of vacant units to be used as model units, if the repair or remodel is limited to one model for each unit type in the building;
     (B) The repair or remodel of a vacant unit or common area for use as a sales office; and
     (C) Other repairs as the local ordinance may permit.
     (ii) The work performed under this subsection (6)(h) must not violate the tenant's or subtenant's rights of quiet enjoyment during the one hundred eighty-day notice period; and
     (i) All tenants must be provided with the option to terminate their lease or rental agreement without cause or consequence after providing the declarant with thirty days' notice under any of the following circumstances:
     (i) The tenant receives a one hundred eighty-day notice as provided for in subsection (1) of this section;
     (ii) The declarant or dealer has publicly recorded, filed documents, or applied for permits with the local jurisdiction pertaining to and specifically referencing a conversion of the development to condominiums; or
     (iii) The declarant has announced in writing the conversion of the development to condominiums.
     If a tenant exercises his or her right to terminate a lease under this subsection (6)(i), the tenant must: Be discharged from the payment of rent for any period of time following the date the lease terminates; be entitled to a pro rata refund of any prepaid rent for any period of time following the date the lease terminates; and continue to have access to relocation assistance under (e) of this subsection. Reprisal or retaliatory action as defined under RCW 59.18.240 is prohibited against any tenant exercising his or her right to terminate a lease or rental agreement under this subsection (6)(i).
     (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.

Sec. 2   RCW 82.02.020 and 2006 c 149 s 3 are each amended to read as follows:
     Except only as expressly provided in chapters 67.28 and 82.14 RCW, the state preempts the field of imposing taxes upon retail sales of tangible personal property, the use of tangible personal property, parimutuel wagering authorized pursuant to RCW 67.16.060, conveyances, and cigarettes, and no county, town, or other municipal subdivision shall have the right to impose taxes of that nature. Except as provided in RCW 64.34.440 and 82.02.050 through 82.02.090, no county, city, town, or other municipal corporation shall impose any tax, fee, or charge, either direct or indirect, on the construction or reconstruction of residential buildings, commercial buildings, industrial buildings, or on any other building or building space or appurtenance thereto, or on the development, subdivision, classification, or reclassification of land. However, this section does not preclude dedications of land or easements within the proposed development or plat which the county, city, town, or other municipal corporation can demonstrate are reasonably necessary as a direct result of the proposed development or plat to which the dedication of land or easement is to apply.
     This section does not prohibit voluntary agreements with counties, cities, towns, or other municipal corporations that allow a payment in lieu of a dedication of land or to mitigate a direct impact that has been identified as a consequence of a proposed development, subdivision, or plat. A local government shall not use such voluntary agreements for local off-site transportation improvements within the geographic boundaries of the area or areas covered by an adopted transportation program authorized by chapter 39.92 RCW. Any such voluntary agreement is subject to the following provisions:
     (1) The payment shall be held in a reserve account and may only be expended to fund a capital improvement agreed upon by the parties to mitigate the identified, direct impact;
     (2) The payment shall be expended in all cases within five years of collection; and
     (3) Any payment not so expended shall be refunded with interest to be calculated from the original date the deposit was received by the county and at the same rate applied to tax refunds pursuant to RCW 84.69.100; however, if the payment is not expended within five years due to delay attributable to the developer, the payment shall be refunded without interest.
     No county, city, town, or other municipal corporation shall require any payment as part of such a voluntary agreement which the county, city, town, or other municipal corporation cannot establish is reasonably necessary as a direct result of the proposed development or plat.
     Nothing in this section prohibits cities, towns, counties, or other municipal corporations from collecting reasonable fees from an applicant for a permit or other governmental approval to cover the cost to the city, town, county, or other municipal corporation of processing applications, inspecting and reviewing plans, or preparing detailed statements required by chapter 43.21C RCW.
     This section does not limit the existing authority of any county, city, town, or other municipal corporation to impose special assessments on property specifically benefitted thereby in the manner prescribed by law.
     Nothing in this section prohibits counties, cities, or towns from imposing or permits counties, cities, or towns to impose water, sewer, natural gas, drainage utility, and drainage system charges: PROVIDED, That no such charge shall exceed the proportionate share of such utility or system's capital costs which the county, city, or town can demonstrate are attributable to the property being charged: PROVIDED FURTHER, That these provisions shall not be interpreted to expand or contract any existing authority of counties, cities, or towns to impose such charges.
     Nothing in this section prohibits a transportation benefit district from imposing fees or charges authorized in RCW 36.73.120 nor prohibits the legislative authority of a county, city, or town from approving the imposition of such fees within a transportation benefit district.
     Nothing in this section prohibits counties, cities, or towns from imposing transportation impact fees authorized pursuant to chapter 39.92 RCW.
     Nothing in this section prohibits counties, cities, or towns from requiring property owners to provide relocation assistance to tenants under RCW 59.18.440 and 59.18.450, or 64.34.440.
     Nothing in this section limits the authority of counties, cities, or towns to implement programs consistent with RCW 36.70A.540, nor to enforce agreements made pursuant to such programs.
     This section does not apply to special purpose districts formed and acting pursuant to Titles 54, 57, or 87 RCW, nor is the authority conferred by these titles affected.

Sec. 3   RCW 64.34.050 and 1989 c 43 s 1-106 are each amended to read as follows:
     (1) A zoning, subdivision, building code, or other real property law, ordinance, or regulation may not prohibit the condominium form of ownership or impose any requirement upon a condominium which it would not impose upon a physically identical development under a different form of ownership. Otherwise, no provision of this chapter invalidates or modifies any provision of any zoning, subdivision, building code, or other real property use law, ordinance, or regulation.
     (2) This section shall not prohibit a county legislative authority from requiring the review and approval of declarations and amendments thereto and termination agreements executed pursuant to RCW 64.34.268(2) by the county assessor solely for the purpose of allocating the assessed value and property taxes. The review by the assessor shall be done in a reasonable and timely manner.
     (3) Notwithstanding this section, local ordinances adopted pursuant to RCW 64.34.440 are permitted.

NEW SECTION.  Sec. 4   This act does not apply to any conversion condominiums for which a notice required under RCW 64.34.440(1) has been delivered before the effective date of this act.

NEW SECTION.  Sec. 5   This act takes effect August 1, 2008.