BILL REQ. #:  S-4969.1 

READ FIRST TIME 02/07/08.   

     AN ACT Relating to homeowners' associations; creating new sections; and providing an expiration date.

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

NEW SECTION.  Sec. 1   By December 10, 2008, the department of community, trade, and economic development shall conduct a study to determine the efficacy of creating a state agency run homeowners' association ombudsman office, which would provide dispute resolution services and information to homeowners about their rights and duties under chapter 64.38 RCW. The study must include:
     (1) The estimated number of Washington residents that live in communities or cooperatives subject to chapter 64.38 RCW;
     (2) The estimated number of owners who would take advantage of the ombudsman office;
     (3) The estimated expense of creating and running the ombudsman office; and
     (4) A determination based on a cost-benefit analysis of whether the ombudsman office should be created.
     If the department determines that an ombudsman office should be created, the study must also include recommendations for procedures that the ombudsman office should follow when providing dispute resolution services.

NEW SECTION.  Sec. 2   (1) The homeowners' association declarations task force is created with ten members as provided in this subsection.
     (a) The majority leader of the senate shall appoint one member from the senate.
     (b) The speaker of the house of representatives shall appoint one member from the house of representatives.
     (c) The majority leader of the senate and the speaker of the house of representatives jointly shall appoint eight nonlegislative members of the task force, which shall include two board members representing two different homeowners' associations, three homeowners who own a home that is their primary residence in a community or cooperative that is governed by chapter 64.38 RCW, two attorneys with expertise in homeowners' association formation, and a representative from the department of community, trade, and economic development.
     (2) The task force shall convene as soon as possible upon the appointment of its members. The task force shall elect a chair and adopt rules for conducting the business of the task force. Administrative and clerical support shall be provided by the department of community, trade, and economic development.
     (3) Legislative members of the task force must be reimbursed for travel expenses in accordance with RCW 44.04.120.
     (4) The task force shall conduct a review of declarations that have been used to form homeowners' associations in Washington state and other states.
     (5) The task force shall draft model declarations, which declarants may appropriate to form homeowners' associations.
     (6) By December 10, 2008, the task force shall provide a report of the model declarations to the department of community, trade, and economic development and to the legislature.

NEW SECTION.  Sec. 3   This act expires December 31, 2008.