State of Washington | 62nd Legislature | 2012 Regular Session |
Read first time 01/17/12. Referred to Committee on Business & Financial Services.
AN ACT Relating to exempting common interest community managers from real estate broker and managing broker licensing requirements; and amending RCW 18.85.151.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 18.85.151 and 2008 c 23 s 16 are each amended to read
as follows:
This chapter shall not apply to:
(1) Any person who purchases or disposes of property and/or a
business opportunity for that individual's own account, or that of a
group of which the person is a member, and their employees;
(2) Any duly authorized attorney-in-fact acting under a power of
attorney without compensation;
(3) An attorney-at-law in the performance of the practice of law;
(4) Any receiver, trustee in bankruptcy, executor, administrator,
guardian, personal representative, or any person acting under the order
of any court, selling under a deed of trust, or acting as trustee under
a trust;
(5) Any secretary, bookkeeper, accountant, or other office
personnel who does not engage in any conduct or activity specified in
any of the definitions under RCW 18.85.011;
(6) Employees of towns, cities, counties, or governmental entities
involved in an acquisition of property for right-of-way, eminent
domain, or threat of eminent domain;
(7) Only with respect to the rental or lease of individual storage
space, any person who owns or manages a self-service storage facility
as defined under chapter 19.150 RCW;
(8) Any person providing referrals to licensees who is not involved
in the negotiation, execution of documents, or related real estate
brokerage services, and compensation is not contingent upon receipt of
compensation by the licensee or the real estate firm;
(9) Certified public accountants if they do not promote the
purchase, listing, sale, exchange, optioning, leasing, or renting of a
specific real property interest;
(10) Any natural persons or entities including title or escrow
companies, escrow agents, attorneys, or financial institutions acting
as escrow agents if they do not promote the purchase, listing, sale,
exchange, optioning, leasing, or renting of a specific real property
interest;
(11) Investment counselors if they do not promote the purchase,
listing, sale, exchange, optioning, leasing, or renting of a specific
real property interest; ((and))
(12) Common interest community managers who, in an advisory
capacity and for compensation or in expectation of compensation,
provide management or financial services, negotiate agreements to
provide management or financial services, or represent themselves as
providing management or financial services to an association governed
by chapter 64.32, 64.34, or 64.38 RCW, if they do not promote the
purchase, listing, sale, exchange, optioning, leasing, or renting of a
specific real property interest. This subsection (12) applies
regardless of whether a common interest community manager acts as an
independent contractor to, employee of, general manager or executive
director of, or agent of an association governed by chapter 64.32,
64.34, or 64.38 RCW; and
(13) Any person employed or retained by, for, or on behalf of the
owner or on behalf of a designated or managing broker if the person is
limited in property management to any of the following activities:
(a) Delivering a lease application, a lease, or any amendment
thereof to any person;
(b) Receiving a lease application, lease, or amendment thereof, a
security deposit, rental payment, or any related payment for delivery
to and made payable to the real estate firm or owner;
(c) Showing a rental unit to any person, or executing leases or
rental agreements, and the employee or retainee is acting under the
direct instruction of the owner or designated or managing broker;
(d) Providing information about a rental unit, a lease, an
application for lease, or a security deposit and rental amounts to any
prospective tenant; or
(e) Assisting in the performance of property management functions
by carrying out administrative, clerical, financial, or maintenance
tasks.