Austin Borcherding (786-7094).
A common interest community (CIC) is a form of real estate in which each unit owner or homeowner has an exclusive interest in a unit or lot and a shared or undivided interest in common area property. In Washington, several statutes govern residential CICs, such as condominiums, cooperatives, leasehold CICs, miscellaneous communities, and plat communities, sometimes referred to as homeowners' associations.
The Washington Uniform Common Interest Ownership Act (WUCIOA) took effect July 1, 2018, and is applicable to CICs created after that date. A CIC created prior to the effective date of the WUCIOA may choose to opt in to the WUCIOA, which contains comprehensive provisions addressing the management of property under its jurisdiction.
Otherwise, CICs created before July 1, 2018, remain subject to the following acts, which generally leave much of the working of a CIC to the governing documents:
A CIC is administered by an association of unit owners or a homeowners' association?an organization consisting of property owners and homeowners within the CIC. An association of unit owners derives its authority from several documents, including the declaration of covenants, conditions, and restrictions; the association's bylaws and articles of incorporation; and the deeds to the property within a development.
The primary functions of a unit owners' association include: managing and maintaining common areas, such as parks, roads, and community centers, for the benefit of the community; imposing and collecting assessments on unit owners; and enforcing restrictive covenants that govern the community. In addition, a unit owners' association may adopt rules and regulations concerning property use in the community and impose fines for violations of those rules.
An association of unit owners in a common interest community is prohibited from regulating or limiting the number of unrelated persons that may occupy a unit.
This prohibition applies to associations of unit owners in common interest communities subject to the Washington Uniform Common Interest Ownership Act, the Homeowners' Association Act, the Washington Condominium Act, and the Horizontal Property Regimes Act. However, lawful limits on occupant load per square foot or generally applicable health and safety provisions as established by building code, city ordinance, or county ordinance do not violate this prohibition.
(In support) We could go a long way to solving our homelessness crisis if we allowed more people to live in spare bedrooms. Sharing homes is common and allows more people to buy homes and have housing. Some homeowners' associations have threatened to create rules limiting occupancy to five related people. There is no difference between a family having five kids living in their home and a homeowner having five unrelated guests living in their home. This bill would prevent arbitrary occupancy limits from being imposed by homeowners' associations.
(Opposed) The current language in the bill raises concerns about fire code, life safety, and other reasonable occupancy standards. A common interest community might want to impose occupancy limits for reasonable, nondiscriminatory purposes, such as safety reasons or to address spillover effects. For example, high occupancy levels could lead to parking impacts in the community. What is appropriate for one association might not be appropriate for another association.