title: RCW 64.55.140

text:
(1) Where the building permit that authorized commencement of construction of a building was issued on or after August 1, 2005:
(a)(i) If the action is referred to arbitration under RCW 64.55.100, the party who demands arbitration shall advance the fees of any arbitrator and any mediator appointed under RCW 64.55.120; and
(ii) A party who requests the appointment of a neutral expert pursuant to RCW 64.55.130 shall advance any appointed neutral expert's fees incurred up to the issuance of a final report.
(b) If the action has not been referred to arbitration, the court shall determine liability for the fees of any mediator appointed under RCW 64.55.120, unless the parties agree otherwise.
(c) Ultimate liability for any fees or costs advanced pursuant to this subsection (1) is subject to the fee- and cost-shifting provisions of RCW 64.55.160.
(2) Where the building permit that authorized commencement of construction of a building was issued before August 1, 2005:
(a)(i) If the action is referred to arbitration under RCW 64.55.100, the party who demands arbitration is liable for and shall pay the fees of any appointed arbitrator and any mediator appointed under RCW 64.55.120; and
(ii) A party who requests the appointment of a neutral expert pursuant to RCW 64.55.130 is liable for and shall pay any appointed neutral expert's fees incurred up to the issuance of a final report.
(b) If the action has not been referred to arbitration, the court shall determine liability for the fees of any mediator appointed under RCW 64.55.120, unless the parties agree otherwise.
(c) Fees and costs paid under this subsection (2) are not subject to the fee- and cost-shifting provisions of RCW 64.55.160.
[ 2005 c 456 s 15.]

catchline: Payment of arbitrators, mediators, and neutral experts.


doc_type: statute

jurisdiction: wa

title: RCW 64.55.150

text:
Upon the demand of a party to an arbitration demanded under RCW 64.55.100, any subcontractor or supplier against whom such party has a legal claim and whose work or performance on the building in question becomes an issue in the arbitration may be joined in and become a party to the arbitration. However, joinder of such parties shall not be allowed if such joinder would require the arbitration hearing date to be continued beyond the date established pursuant to RCW 64.55.100, unless the existing parties to the arbitration agree otherwise. Nothing in RCW 64.55.010 through 64.55.090 shall be construed to release, modify, or otherwise alleviate the liabilities or responsibilities that any party may have towards any other party, contractor, or subcontractor.
[ 2005 c 456 s 16.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Subcontractors and suppliers—When party to arbitration.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 64.55.160

text:
(1) On or before the 60th day following completion of the mediation pursuant to RCW 64.55.120(4) and following filing and service of the complaint, the declarant, association, or party unit owner may serve on an adverse party an offer to allow judgment to be entered. The offer of judgment shall specify the amount of damages, not including costs or fees, that the declarant, association, or party unit owner is offering to pay or receive. A declarant's offer shall also include its commitment to pay costs and fees that may be awarded as provided in this section. The declarant, association, or party unit owner may make more than one offer of judgment so long as each offer is timely made. Each subsequent offer supersedes and replaces the previous offer. Any offer not accepted within 21 days of the service of that offer is deemed rejected and withdrawn and evidence thereof is not admissible and may not be provided to the court or arbitrator except in a proceeding to determine costs and fees or as part of the motion identified in subsection (2) of this section.
(2) A declarant's offer must include a demonstration of ability to pay damages, costs, and fees, including reasonable attorneys' fees, within thirty days of acceptance of the offer of judgment. The demonstration of ability to pay shall include a sworn statement signed by the declarant, the attorney representing the declarant, and, if any insurance proceeds will be used to fund any portion of the offer, an authorized representative of the insurance company. If the association or party unit owner disputes the adequacy of the declarant's demonstration of ability to pay, the association or party unit owner may file a motion with the court requesting a ruling on the adequacy of the declarant's demonstration of ability to pay. Upon filing of such motion, the deadline for a response to the offer shall be tolled from the date the motion is filed until the court has ruled.
(3) An association or party unit owner that accepts the declarant's offer of judgment shall be deemed the prevailing party and, in addition to recovery of the amount of the offer, shall be entitled to a costs and fees award, including reasonable attorneys' fees, in an amount to be determined by the court in accordance with applicable law.
(4) If the amount of the final nonappealable or nonappealed judgment, exclusive of costs or fees, is not more favorable to the offeree than the offer of judgment, then the offeror is deemed the prevailing party for purposes of this section only and is entitled to an award of costs and fees, including reasonable attorneys' fees, incurred after the date the last offer of judgment was rejected and through the date of entry of a final nonappealable or nonappealed judgment, in an amount to be determined by the court in accordance with applicable law. The nonprevailing party shall not be entitled to receive any award of costs and fees.
(5) If the final nonappealable or nonappealed judgment on damages, not including costs or fees, is more favorable to the offeree than the last offer of judgment, then the court shall determine which party is the prevailing party and shall determine the amount of the costs and fees award, including reasonable attorneys' fees, in accordance with applicable law.
(6) Notwithstanding any other provision in this section, with respect to claims brought by an association or unit owner, the liability for declarant's costs and fees, including reasonable attorneys' fees, shall:
(a) With respect to claims brought by an association, not exceed five percent of the assessed value of the condominium as a whole, which is determined by the aggregate tax-assessed value of all units at the time of the award; and
(b) With respect to claims brought by a party unit owner, not exceed five percent of the assessed value of the unit at the time of the award.
[ 2023 c 337 s 12; 2005 c 456 s 17.]

catchline: Offers of judgment—Costs and fees.


title: RCW 64.55.901

text:
This act takes effect August 1, 2005.
[ 2005 c 456 s 24.]

catchline: Effective date—2005 c 456.


title: RCW 64.60.005

text:
The legislature finds and declares that the public policy of this state favors the marketability of real property and the transferability of interests in real property free of title defects or unreasonable restraints on alienation. The legislature further finds and declares that private transfer fee obligations violate this public policy by impairing the marketability and transferability of real property and by constituting an unreasonable restraint on alienation regardless of the duration of the obligation to pay a private transfer fee, the amount of a private transfer fee, or the method by which any private transfer fee is created or imposed. Thus, the legislature finds and declares that a private transfer fee obligation may not run with the title to real property, touch or concern the real property, or otherwise bind subsequent owners of real property under any common law or equitable principle.
[ 2011 c 36 s 1.]

catchline: Findings.


title: RCW 64.60.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Association" means: An association of apartment owners as defined in RCW 64.32.010; a unit owners' association as defined in RCW 64.34.020; a homeowners' association as defined in RCW 64.38.010; a corporation organized pursuant to chapter 24.06 RCW for the purpose of owning real estate under a cooperative ownership plan; or a nonprofit or cooperative membership organization composed exclusively of owners of mobile homes, manufactured housing, timeshares, camping resort interests, or other interests in real property that is responsible for the maintenance, improvements, services, or expenses related to real property that is owned, used, or enjoyed in common by the members.
(2) "Payee" means the person or entity who claims the right to receive or collect a private transfer fee payable under a private transfer fee obligation. A payee may or may not have a pecuniary interest in the private transfer fee obligation.
(3) "Private transfer fee" means a fee or charge payable upon the transfer of an interest in real property, or payable for the right to make or accept such transfer, regardless of whether the fee or charge is a fixed amount or is determined as a percentage of the value of the real property, the purchase price, or other consideration given for the transfer. The following are not private transfer fees for the purposes of this section:
(a) Any consideration payable by the grantee to the grantor for the interest in real property being transferred, including any subsequent additional consideration for the real property payable by the grantee based upon any subsequent appreciation, development, or sale of the real property, if such additional consideration is payable on a one-time basis only and the obligation to make such payment does not bind successors in title to the real property;
(b) Any commission payable to a licensed real estate broker for services rendered in connection with the transfer of real property pursuant to an agreement between the broker and the grantor or the grantee including, but not limited to, any subsequent additional commission for that transfer payable by the grantor or the grantee based upon any subsequent appreciation, development, or sale of the property;
(c) Any interest, charges, fees, or other amounts payable by a borrower to a lender pursuant to a loan secured by a mortgage against real property including, but not limited to, any fee payable to the lender for consenting to an assumption of the loan or a transfer of the real property subject to the mortgage, any fees or charges payable to the lender for estoppel letters or certificates, and any shared appreciation interest, profit participation, or other consideration, and payable to the lender in connection with the loan;
(d) Any rent, reimbursement, charge, fee, or other amount payable by a lessee or licensee to a lessor or licensor under a lease or license including, but not limited to, any fee payable to the lessor or licensor for consenting to an assignment, subletting, encumbrance, or transfer of the lease or license;
(e) Any consideration payable to the holder of an option to purchase an interest in real property or the holder of a right of first refusal or first offer to purchase an interest in real property for waiving, releasing, or not exercising the option or right upon the transfer of the real property to another person;
(f) Any tax, fee, charge, assessment, fine, or other amount payable to or imposed by a governmental authority;
(g) Any assessment, fee, charge, fine, dues, or other amount payable to an association pursuant to chapter 64.32, 64.34, or 64.38 RCW, payable by a purchaser of a camping resort contract, as defined in RCW 19.105.300, or a timeshare, as defined in RCW 64.36.010, or payable pursuant to a recorded servitude encumbering the real property being transferred, as long as no portion of the fee is required to be passed through or paid to a third party;
(h) Any fee payable, upon a transfer, to an organization qualified under section 501(c)(3) or 501(c)(4) of the internal revenue code of 1986, if the sole purpose of such organization is to support cultural, educational, charitable, recreational, conservation, or similar activities benefiting the real property being transferred and the fee is used exclusively to fund such activities;
(i) Any fee, charge, assessment, dues, fine, contribution, or other amount pertaining solely to the purchase or transfer of a club membership relating to real property owned by the member including, but not limited to, any amount determined by reference to the value, purchase price, or other consideration given for the transfer of the real property;
(j) Any fee charged by an association or an agent of an association to a transferor or transferee for a service rendered contemporaneously with the imposition of the fee, provided that the fee is not to be passed through to a third party other than an agent of the association.
(4) "Private transfer fee obligation" means an obligation arising under a declaration or covenant recorded against the title to real property, or under any other contractual agreement or promise, recorded or not, that requires or purports to require the payment of a private transfer fee upon a subsequent transfer of an interest in the real property.
(5) "Transfer" means the sale, gift, grant, conveyance, lease, license, assignment, inheritance, or other act resulting in a transfer of ownership interest in real property located in this state.
[ 2011 c 36 s 3.]
PDF
RCW 64.60.010
Definitions. (Effective January 1, 2028.)
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Association" means: A unit owners association as defined in RCW 64.90.010; a corporation organized pursuant to chapter 24.03A or 24.06 RCW for the purpose of owning real estate under a cooperative ownership plan; or a nonprofit or cooperative membership organization composed exclusively of owners of mobile homes, manufactured housing, timeshares, camping resort interests, or other interests in real property that is responsible for the maintenance, improvements, services, or expenses related to real property that is owned, used, or enjoyed in common by the members.
(2) "Payee" means the person or entity who claims the right to receive or collect a private transfer fee payable under a private transfer fee obligation. A payee may or may not have a pecuniary interest in the private transfer fee obligation.
(3) "Private transfer fee" means a fee or charge payable upon the transfer of an interest in real property, or payable for the right to make or accept such transfer, regardless of whether the fee or charge is a fixed amount or is determined as a percentage of the value of the real property, the purchase price, or other consideration given for the transfer. The following are not private transfer fees for the purposes of this section:
(a) Any consideration payable by the grantee to the grantor for the interest in real property being transferred, including any subsequent additional consideration for the real property payable by the grantee based upon any subsequent appreciation, development, or sale of the real property, if such additional consideration is payable on a one-time basis only and the obligation to make such payment does not bind successors in title to the real property;
(b) Any commission payable to a licensed real estate broker for services rendered in connection with the transfer of real property pursuant to an agreement between the broker and the grantor or the grantee including, but not limited to, any subsequent additional commission for that transfer payable by the grantor or the grantee based upon any subsequent appreciation, development, or sale of the property;
(c) Any interest, charges, fees, or other amounts payable by a borrower to a lender pursuant to a loan secured by a mortgage against real property including, but not limited to, any fee payable to the lender for consenting to an assumption of the loan or a transfer of the real property subject to the mortgage, any fees or charges payable to the lender for estoppel letters or certificates, and any shared appreciation interest, profit participation, or other consideration, and payable to the lender in connection with the loan;
(d) Any rent, reimbursement, charge, fee, or other amount payable by a lessee or licensee to a lessor or licensor under a lease or license including, but not limited to, any fee payable to the lessor or licensor for consenting to an assignment, subletting, encumbrance, or transfer of the lease or license;
(e) Any consideration payable to the holder of an option to purchase an interest in real property or the holder of a right of first refusal or first offer to purchase an interest in real property for waiving, releasing, or not exercising the option or right upon the transfer of the real property to another person;
(f) Any tax, fee, charge, assessment, fine, or other amount payable to or imposed by a governmental authority;
(g) Any assessment, fee, charge, fine, dues, or other amount payable to an association pursuant to chapter 64.90 RCW, payable by a purchaser of a camping resort contract, as defined in RCW 19.105.300, or a timeshare, as defined in RCW 64.36.010, or payable pursuant to a recorded servitude encumbering the real property being transferred, as long as no portion of the fee is required to be passed through or paid to a third party;
(h) Any fee payable, upon a transfer, to an organization qualified under section 501(c)(3) or 501(c)(4) of the internal revenue code of 1986, if the sole purpose of such organization is to support cultural, educational, charitable, recreational, conservation, or similar activities benefiting the real property being transferred and the fee is used exclusively to fund such activities;
(i) Any fee, charge, assessment, dues, fine, contribution, or other amount pertaining solely to the purchase or transfer of a club membership relating to real property owned by the member including, but not limited to, any amount determined by reference to the value, purchase price, or other consideration given for the transfer of the real property;
(j) Any fee charged by an association or an agent of an association to a transferor or transferee for a service rendered contemporaneously with the imposition of the fee, provided that the fee is not to be passed through to a third party other than an agent of the association.
(4) "Private transfer fee obligation" means an obligation arising under a declaration or covenant recorded against the title to real property, or under any other contractual agreement or promise, recorded or not, that requires or purports to require the payment of a private transfer fee upon a subsequent transfer of an interest in the real property.
(5) "Transfer" means the sale, gift, grant, conveyance, lease, license, assignment, inheritance, or other act resulting in a transfer of ownership interest in real property located in this state.
[ 2024 c 321 s 429; 2011 c 36 s 3.]
Notes:
Effective dates—2024 c 321 ss 319 and 401-432: See note following RCW 64.90.485.

catchline: Definitions. (Effective until January 1, 2028.)


title: RCW 64.60.020

text:
(1) A private transfer fee obligation recorded or entered into in this state on or after April 13, 2011, does not run with the title to real property and is not binding on or enforceable at law or in equity against any subsequent owner, purchaser, or mortgagee or holder of any interest in real property as an equitable servitude or otherwise. Any private transfer fee obligation that is recorded or entered into in this state on or after April 13, 2011, is void and unenforceable.
(2) A private transfer fee obligation recorded or entered into in this state before April 13, 2011, is not presumed valid and enforceable. Any such private transfer fee obligation must be interpreted and enforced according to principles of applicable real estate, servitude contract, and other law including, without limitation, restraints on alienation, the rule against perpetuities, the touch and concern doctrine, and the requirement for covenants to run with the land, as well as fraud, misrepresentation, violation of public policy, or another invalidating cause.
[ 2011 c 36 s 4.]

catchline: Private transfer fee obligations—Enforceability—Interpretation.


title: RCW 64.60.030

text:
Any person who records, or enters into, an agreement imposing a private transfer fee obligation in the person's favor after April 13, 2011, is liable for (1) any damages resulting from the imposition of the private transfer fee obligation on the transfer of an interest in the real property including, but not limited to, the amount of any private transfer fee paid by a party to the transfer, and (2) reasonable attorneys' fees, expenses, and costs incurred by a party to the transfer or mortgagee of the real property to recover any private transfer fee paid or in connection with an action to quiet title. If an agent acts on behalf of a principal to record or secure a private transfer fee obligation, liability must be assessed to the principal, rather than the agent.
[ 2011 c 36 s 5.]

catchline: Liability.


title: RCW 64.60.040

text:
(1) A payee of a private transfer fee obligation imposed before April 13, 2011, shall record, before December 31, 2011, against the real property subject to the private transfer fee obligation, a separate document in the county auditor's office in the county in which the real property is located that includes all of the following requirements:
(a) The title, "Notice of Private Transfer Fee Obligation";
(b) The amount if the private transfer fee is a flat amount, the percentage of the sales price constituting the cost of the private transfer fee, or another basis by which the private transfer fee is to be calculated;
(c) The date under which the private transfer fee obligation expires, if any;
(d) The name and address of the payee;
(e) The acknowledged signature of the payee or a representative of the payee; and
(f) The legal description of the real property purportedly burdened by the private transfer fee obligation.
(2) A payee may file an amendment to the notice of private transfer fee obligation containing new contact information. The amendment must contain the recording information of the notice of private transfer fee obligation which it amends and the legal description of the real property burdened by the private transfer fee obligation.
(3) If a payee fails to file the notice required under subsection (1) of this section before December 31, 2011, the private transfer fee obligation is not enforceable by the payee.
[ 2011 c 36 s 6.]

catchline: Notice of private transfer fee obligation.


title: RCW 64.60.900

text:
This chapter may be known and cited as the private transfer fee obligation act.
[ 2011 c 36 s 2.]

catchline: Short title.


title: RCW 64.60.901

text:
This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 13, 2011].
[ 2011 c 36 s 7.]

catchline: Effective date—2011 c 36.


title: RCW 64.65.010

text:
The following definitions apply throughout the section [The definitions in this section apply throughout this chapter] unless the context clearly requires otherwise.
(1) "Appurtenant easement" means an easement tied to or dependent on ownership or occupancy of a unit or a parcel of real property.
(2) "Conservation easement" means a nonpossessory property interest created for one or more of the following conservation purposes:
(a) Retaining or protecting the natural, scenic, wildlife, wildlife habitat, biological, ecological, or open space values of real property;
(b) Ensuring the availability of real property for agricultural, forest, outdoor recreational, or open space uses;
(c) Protecting natural resources, including wetlands, grasslands, and riparian areas;
(d) Maintaining or enhancing air or water quality; or
(e) Preserving the historical, architectural, archaeological, paleontological, or cultural aspects of real property.
(3) "Dominant estate" means an estate or interest in real property benefited by an appurtenant easement.
(4) "Easement" means a nonpossessory property interest that:
(a) Provides a right to enter, use, or enjoy real property owned by or in the possession of another; and
(b) Imposes on the owner or possessor a duty not to interfere with the entry, use, or enjoyment permitted by the instrument creating the easement or, in the case of an easement not established by express grant or reservation, the entry, use, or enjoyment authorized by law.
(5) "Easement holder" means:
(a) In the case of an appurtenant easement, the dominant estate owner; or
(b) In the case of an easement in gross, public utility easement, conservation easement, or negative easement, the grantee of the easement or a successor.
(6) "Easement in gross" means an easement not tied to or dependent on ownership or occupancy of a unit or a parcel of real property.
(7) "Lessee of record" means a person holding a lessee's interest under a recorded lease or memorandum of lease.
(8) "Negative easement" means a nonpossessory property interest whose primary purpose is to impose on a servient estate owner a duty not to engage in a specified use of the estate.
(9) "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.
(10) "Public utility easement" means a nonpossessory property interest in which the easement holder is a publicly regulated or publicly owned utility under federal law or law of this state or a municipality. The term includes an easement benefiting an intrastate utility, an interstate utility, or a utility cooperative.
(11) "Real property" means an estate or interest in, over, or under land, including structures, fixtures, and other things that by custom, usage, or law pass with a conveyance of land whether or not described or mentioned in the contract of sale or instrument of conveyance. The term includes the interest of a lessor and lessee and, unless the interest is personal property under law of this state other than this chapter, an interest in a common interest community.
(12) "Record," used as a noun, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(13) "Security instrument" means a mortgage, deed of trust, security deed, contract for deed, lease, or other record that creates or provides for an interest in real property to secure payment or performance of an obligation, whether by acquisition or retention of a lien, a lessor's interest under a lease, or title to the real property. The term includes:
(a) A security instrument that also creates or provides for a security interest in personal property;
(b) A modification or amendment of a security instrument; and
(c) A record creating a lien on real property to secure an obligation under a covenant running with the real property or owed by a unit owner to a common interest community association.
(14) "Security interest holder of record" means a person holding an interest in real property created by a recorded security instrument.
(15) "Servient estate" means an estate or interest in real property that is burdened by an easement.
(16) "Title evidence" means a title insurance policy, preliminary title report or binder, title insurance commitment, abstract of title, attorney's opinion of title based on examination of public records or an abstract of title, or any other means of reporting the state of title to real property which is customary in the locality.
(17) "Unit" means a physical portion of a common interest community designated for separate ownership or occupancy with boundaries described in a declaration establishing the common interest community.
(18) "Utility cooperative" means a nonprofit entity whose purpose is to deliver a utility service, such as electricity, oil, natural gas, water, sanitary sewer, stormwater, or telecommunications, to its customers or members and includes an electric cooperative, rural electric cooperative, rural water district, and rural water association.
[ 2023 c 6 s 202.]

catchline: Definitions.


title: RCW 64.65.020

text:
A servient estate owner may relocate an easement under this chapter only if the relocation does not materially:
(1) Lessen the utility of the easement;
(2) After the relocation, increase the burden on the easement holder in its reasonable use and enjoyment of the easement;
(3) Impair an affirmative, easement-related purpose for which the easement was created;
(4) During or after the relocation, impair the safety of the easement holder or another entitled to use and enjoy the easement;
(5) During the relocation, disrupt the use and enjoyment of the easement by the easement holder or another entitled to use and enjoy the easement, unless the servient estate owner substantially mitigates the duration and nature of the disruption;
(6) Impair the physical condition, use, or value of the dominant estate or improvements on the dominant estate; or
(7) Impair the value of the collateral of a security interest holder of record in the servient estate or dominant estate, impair a real property interest of a lessee of record in the dominant estate, or impair a recorded real property interest of any other person in the servient estate or dominant estate.
[ 2023 c 6 s 204.]

catchline: Right of servient estate owner to relocate easement.


title: RCW 64.65.030

text:
(1) To obtain an order to relocate an easement under this chapter, a servient estate owner must commence a civil action.
(2) A servient estate owner that commences a civil action under subsection (1) of this section:
(a) Shall serve a summons and complaint on:
(i) The easement holder whose easement is the subject of the relocation;
(ii) A security interest holder of record of an interest in the servient estate or dominant estate;
(iii) A lessee of record of an interest in the dominant estate; and
(iv) Except as otherwise provided in (b) of this subsection, any other owner of a recorded real property interest if the relocation would encroach on an area of the servient estate or dominant estate burdened by the interest; and
(b) Is not required to serve a summons and complaint on the owner of a recorded real property interest in oil, gas, or minerals unless the interest includes an easement to facilitate oil, gas, or mineral development.
(3) A complaint under this section must state:
(a) The intent of the servient estate owner to seek the relocation;
(b) The nature, extent, and anticipated dates of commencement and completion of the proposed relocation;
(c) The current and proposed locations of the easement;
(d) The reason the easement is eligible for relocation under RCW 64.65.120;
(e) The reason the proposed relocation satisfies the conditions for relocation under RCW 64.65.020; and
(f) That the servient estate owner has made a reasonable attempt to notify the holders of any public utility easement, conservation easement, or negative easement on the servient estate or dominant estate of the proposed relocation.
(4) At any time before the court renders a final order in an action under subsection (1) of this section, a person served under subsection (2)(a)(ii), (iii), or (iv) of this section may file a document, in recordable form, that waives its rights to contest or obtain relief in connection with the relocation or subordinates its interests to the relocation. On filing of the document, the court may order that the person is not required to answer or participate further in the action.
[ 2023 c 6 s 205.]

catchline: Commencement of civil action.


title: RCW 64.65.040

text:
(1) The court may not approve relocation of an easement under this chapter unless the servient estate owner:
(a) Establishes that the easement is eligible for relocation under RCW 64.65.120; and
(b) Satisfies the conditions for relocation under RCW 64.65.020.
(2) An order under this chapter approving relocation of an easement must:
(a) State that the order is issued in accordance with this chapter;
(b) Recite the recording data of the instrument creating the easement, if any, any amendments, and any preservation notice;
(c) Identify the immediately preceding location of the easement;
(d) Describe in a legally sufficient manner the new location of the easement;
(e) Describe mitigation required of the servient estate owner during relocation;
(f) Refer in detail to the plans and specifications of improvements necessary for the easement holder to enter, use, and enjoy the easement in the new location;
(g) Specify conditions to be satisfied by the servient estate owner to relocate the easement and construct improvements necessary for the easement holder to enter, use, and enjoy the easement in the new location;
(h) Include a provision for payment by the servient estate owner of expenses under RCW 64.65.050;
(i) Include a provision for compliance by the parties with the obligation of good faith under RCW 64.65.060; and
(j) Instruct the servient estate owner to record an affidavit, if required under RCW 64.65.070(1), when the servient estate owner substantially completes relocation.
(3) An order under subsection (2) of this section may include any other provision consistent with this chapter for the fair and equitable relocation of the easement.
(4) Before a servient estate owner proceeds with relocation of an easement under this chapter, the owner must record, in the land records of each jurisdiction where the servient estate is located, a certified copy of the order under subsection (2) of this section.
[ 2023 c 6 s 206.]

catchline: Required findings—Order.


title: RCW 64.65.050

text:
A servient estate owner is responsible for reasonable expenses of relocation of an easement under this chapter, including the expense of:
(1) Constructing improvements on the servient estate or dominant estate in accordance with an order under RCW 64.65.040;
(2) During the relocation, mitigating disruption in the use and enjoyment of the easement by the easement holder or another person entitled to use and enjoy the easement;
(3) Obtaining a governmental approval or permit to relocate the easement and construct necessary improvements;
(4) Preparing and recording the certified copy required by RCW 64.65.040(4) and any other document required to be recorded;
(5) Any title work required to complete the relocation or required by a party to the civil action as a result of the relocation;
(6) Applicable premiums for title insurance related to the relocation;
(7) Any expert necessary to review plans and specifications for an improvement to be constructed in the relocated easement or on the dominant estate and to confirm compliance with the plans and specifications referred to in the order under RCW 64.65.040(2)(f);
(8) Payment of any maintenance cost associated with the relocated easement which is greater than the maintenance cost associated with the easement before relocation; and
(9) Obtaining any third-party consent required to relocate the easement.
[ 2023 c 6 s 207.]

catchline: Expenses of relocation.


title: RCW 64.65.060

text:
After the court, under RCW 64.65.040, approves relocation of an easement and the servient estate owner commences the relocation, the servient estate owner, the easement holder, and other parties in the civil action shall act in good faith to facilitate the relocation in compliance with this chapter.
[ 2023 c 6 s 208.]

catchline: Duty to act in good faith.


title: RCW 64.65.070

text:
(1) If an order under RCW 64.65.040 requires the construction of an improvement as a condition for relocation of an easement, relocation is substantially complete, and the easement holder is able to enter, use, and enjoy the easement in the new location, the servient estate owner shall:
(a) Record, in the land records of each jurisdiction where the servient estate is located, an affidavit certifying that the easement has been relocated; and
(b) Send, by certified mail, a copy of the recorded affidavit to the easement holder and parties to the civil action.
(2) Until an affidavit under subsection (1) of this section is recorded and sent, the easement holder may enter, use, and enjoy the easement in the current location, subject to the court's order under RCW 64.65.040 approving relocation.
(3) If an order under RCW 64.65.040 does not require an improvement to be constructed as a condition of the relocation, recording the order under RCW 64.65.040(4) constitutes relocation.
[ 2023 c 6 s 209.]

catchline: Relocation affidavit.


title: RCW 64.65.080

text:
(1) Relocation of an easement under this chapter:
(a) Is not a new transfer or a new grant of an interest in the servient estate or the dominant estate;
(b) Is not a breach or default of, and does not trigger, a due-on-sale clause or other transfer-restriction clause under a security instrument, except as otherwise determined by a court under law other than this chapter;
(c) Is not a breach or default of a lease, except as otherwise determined by a court under law other than this chapter;
(d) Is not a breach or default by the servient estate owner of a recorded document affected by the relocation, except as otherwise determined by a court under law other than this chapter;
(e) Does not affect the priority of the easement with respect to other recorded real property interests burdening the area of the servient estate where the easement was located before the relocation; and
(f) Is not a fraudulent conveyance or voidable transaction under law.
(2) This chapter does not affect any other method of relocating an easement permitted under law of this state other than this chapter.
[ 2023 c 6 s 210.]

catchline: Limited effect of relocation.


title: RCW 64.65.090

text:
The right of a servient estate owner to relocate an easement under this chapter may not be waived, excluded, or restricted by agreement even if:
(1) The instrument creating the easement prohibits relocation or contains a waiver, exclusion, or restriction of this chapter;
(2) The instrument creating the easement requires consent of the easement holder to amend the terms of the easement; or
(3) The location of the easement is fixed by the instrument creating the easement, another agreement, previous conduct, acquiescence, estoppel, or implication.
[ 2023 c 6 s 211.]

catchline: Nonwaiver.


title: RCW 64.65.100

text:
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.
[ 2023 c 6 s 212.]

catchline: Uniformity of application and construction.


title: RCW 64.65.110

text:
This chapter modifies, limits, or supersedes the electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. Sec. 7003(b).
[ 2023 c 6 s 213.]

catchline: Relation to electronic signatures in global and national commerce act.


title: RCW 64.65.120

text:
(1) Except as otherwise provided in subsection (2) of this section, this chapter applies to an easement established by express grant or reservation or by prescription, implication, necessity, estoppel, or other method.
(2) This chapter may not be used to relocate:
(a) A public utility easement, conservation easement, or negative easement; or
(b) An easement if the proposed location would encroach on an area of an estate burdened by a conservation easement or would interfere with the use or enjoyment of a public utility easement or an easement appurtenant to a conservation easement.
(3) This chapter does not apply to relocation of an easement by consent.
[ 2023 c 6 s 203.]

catchline: Application—Scope—Exclusions.


title: RCW 64.65.130

text:
This chapter applies to an easement created before, on, or after July 23, 2023.
[ 2023 c 6 s 214.]

catchline: Application—Transitional provision.


title: RCW 64.65.900

text:
RCW 64.65.010 through 64.65.130 may be known and cited as the uniform easement relocation act.
[ 2023 c 6 s 201.]


title: RCW 64.70.005

text:
The legislature finds that the national conference of commissioners on uniform state laws has developed uniform legislation called the uniform environmental covenants act. The act ensures that environmental covenants, recorded use restrictions negotiated in connection with hazardous waste site cleanups, and other environmental response projects are legally valid and enforceable. The uniform environmental covenants act achieves this objective by providing clear statutory standards that override court-made doctrines that do not fit such cleanup and reuse contexts. The legislature further finds that nothing in this chapter will amend or modify any local or state laws that determine when environmental covenants are required, when a particular contaminated site must be cleaned up, or the standards for a cleanup.
Adoption of the uniform environmental covenants act in Washington will provide all participants in a cleanup with greater confidence that environmental covenants and other institutional controls will be effective over the life of the cleanup. This will facilitate cleanups of many sites and assist in the recycling of urban brownfield properties into new economic uses for the benefit of the citizens of Washington.
This chapter adopts most provisions of the uniform legislation while making modifications to integrate the uniform environmental covenants act with Washington's environmental cleanup programs.
[ 2007 c 104 s 1.]

catchline: Findings—National uniform legislation.


title: RCW 64.70.010

text:
This chapter may be cited as the uniform environmental covenants act.
[ 2007 c 104 s 2.]


title: RCW 64.70.015

text:
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
[ 2007 c 104 s 14.]

catchline: Application—Construction—2007 c 104.


title: RCW 64.70.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Activity or use limitations" means restrictions or obligations created under this chapter with respect to real property.
(2) "Agency" means either the department of ecology, the pollution liability insurance agency, or the United States environmental protection agency, whichever determines or approves the environmental response project pursuant to which the environmental covenant is created.
(3)(a) "Common interest community" means a condominium, cooperative, or other real property with respect to which a person, by virtue of the person's ownership of a parcel of real property, is obligated to pay property taxes or insurance premiums, or for maintenance, or improvement of other real property described in a recorded covenant that creates the common interest community.
(b) "Common interest community" includes but is not limited to:
(i) An association of apartment owners as defined in RCW 64.32.010;
(ii) A unit owners' association as defined in RCW 64.34.020 and organized under RCW 64.34.300;
(iii) A master association as provided in RCW 64.34.276;
(iv) A subassociation as provided in RCW 64.34.278; and
(v) A homeowners' association as defined in RCW 64.38.010.
(4) "Environmental covenant" means a servitude arising under an environmental response project that imposes activity or use limitations.
(5) "Environmental response project" means a plan or work performed for environmental remediation of real property and conducted:
(a) Under a federal or state program governing environmental remediation of real property, including chapters 43.21C, 64.44, 70A.205, 70A.388, 70A.300, 70A.305, 90.48, and 90.52 RCW;
(b) Incident to closure of a solid or hazardous waste management unit, if the closure is conducted with approval of an agency; or
(c) Under the state voluntary clean-up program authorized under chapter 70A.305 RCW or technical assistance program authorized under chapter 70A.330 RCW.
(6) "Holder" means the grantee of an environmental covenant as specified in RCW 64.70.030(1).
(7) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(8) "Record," used as a noun, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(9) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
[ 2020 c 20 s 1064; 2017 c 23 s 6; 2007 c 104 s 3.]
PDF
RCW 64.70.020
Definitions. (Effective January 1, 2028.)
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Activity or use limitations" means restrictions or obligations created under this chapter with respect to real property.
(2) "Agency" means either the department of ecology, the pollution liability insurance agency, or the United States environmental protection agency, whichever determines or approves the environmental response project pursuant to which the environmental covenant is created.
(3) "Common interest community" has the same meaning as in RCW 64.90.010.
(4) "Environmental covenant" means a servitude arising under an environmental response project that imposes activity or use limitations.
(5) "Environmental response project" means a plan or work performed for environmental remediation of real property and conducted:
(a) Under a federal or state program governing environmental remediation of real property, including chapters 43.21C, 64.44, 70A.205, 70A.388, 70A.300, 70A.305, 90.48, and 90.52 RCW;
(b) Incident to closure of a solid or hazardous waste management unit, if the closure is conducted with approval of an agency; or
(c) Under the state voluntary clean-up program authorized under chapter 70A.305 RCW or technical assistance program authorized under chapter 70A.330 RCW.
(6) "Holder" means the grantee of an environmental covenant as specified in RCW 64.70.030(1).
(7) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(8) "Record," used as a noun, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(9) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
[ 2024 c 321 s 430; 2020 c 20 s 1064; 2017 c 23 s 6; 2007 c 104 s 3.]
Notes:
Effective dates—2024 c 321 ss 319 and 401-432: See note following RCW 64.90.485.

catchline: Definitions. (Effective until January 1, 2028.)


title: RCW 64.70.030

text:
(1) Any person, including a person that owns an interest in the real property, the agency, or a municipality or other unit of local government, may be a holder. An environmental covenant may identify more than one holder. The interest of a holder is an interest in real property.
(2) A right of an agency under this chapter or under an environmental covenant, other than a right as a holder, is not an interest in real property.
(3) An agency is bound by any obligation it assumes in an environmental covenant, but an agency does not assume obligations merely by signing an environmental covenant. Any other person that signs an environmental covenant is bound by the obligations the person assumes in the covenant, but signing the covenant does not change obligations, rights, or protections granted or imposed under law other than this chapter except as provided in the covenant.
(4) The following rules apply to interests in real property in existence at the time an environmental covenant is created or amended:
(a) An interest that has priority under other law is not affected by an environmental covenant unless the person that owns the interest subordinates that interest to the covenant.
(b) This chapter does not require a person that owns a prior interest to subordinate that interest to an environmental covenant or to agree to be bound by the covenant.
(c) A subordination agreement may be contained in an environmental covenant covering real property or in a separate record. If the environmental covenant covers commonly owned property in a common interest community, the record may be signed by any person authorized by the governing board of the owners' association.
(d) An agreement by a person to subordinate a prior interest to an environmental covenant affects the priority of that person's interest but does not by itself impose any affirmative obligation on the person with respect to the environmental covenant.
[ 2007 c 104 s 4.]

catchline: Interests in real property—Subordination.


title: RCW 64.70.040

text:
(1) An environmental covenant must:
(a) State that the instrument is an environmental covenant executed pursuant to this chapter;
(b) Contain a legally sufficient description of the real property subject to the covenant;
(c) Describe with specificity the activity or use limitations on the real property;
(d) Identify every holder;
(e) Be signed by the agency, every holder, and unless waived by the agency every owner of the fee simple of the real property subject to the covenant; and
(f) Identify the name and location of any administrative record for the environmental response project reflected in the environmental covenant.
(2) In addition to the information required by subsection (1) of this section, an environmental covenant may contain other information, restrictions, and requirements agreed to by the persons who signed it, including any:
(a) Requirements for notice following transfer of a specified interest in, or concerning proposed changes in use of, applications for building permits for, or proposals for any site work affecting the contamination on, the property subject to the covenant;
(b) Requirements for periodic reporting describing compliance with the covenant;
(c) Rights of access to the property granted in connection with implementation or enforcement of the covenant;
(d) Narrative descriptions of the contamination and remedy, including the contaminants of concern, the pathways of exposure, limits on exposure, and the location and extent of the contamination;
(e) Limitations on amendment or termination of the covenant in addition to those contained in RCW 64.70.090 and 64.70.100;
(f) Rights of the holder in addition to its right to enforce the covenant pursuant to RCW 64.70.110;
(g) Other information, restrictions, or requirements required by the agency, including the department of ecology under the authority of chapter 70A.305 RCW.
(3) In addition to other conditions for its approval of an environmental covenant, the agency may require those persons specified by the agency who have interests in the real property to sign the covenant.
(4) The agency may also require notice and opportunity to comment upon an environmental covenant as part of public participation efforts related to the environmental response project.
(5) The agency shall consult with local land use planning authorities in the development of the land use or activity restrictions in the environmental covenant. The agency shall consider potential redevelopment and revitalization opportunities and obtain information regarding present and proposed land and resource uses, and consider comprehensive land use plan and zoning provisions applicable to the real property to be subject to the environmental covenant.
[ 2020 c 20 s 1065; 2007 c 104 s 5.]

catchline: Covenants—Contents—Agency discretion—Local land use consideration.


title: RCW 64.70.050

text:
(1) An environmental covenant that complies with this chapter runs with the land.
(2) An environmental covenant that is otherwise effective is valid and enforceable even if:
(a) It is not appurtenant to an interest in real property;
(b) It can be or has been assigned to a person other than the original holder;
(c) It is not of a character that has been recognized traditionally at common law;
(d) It imposes a negative burden;
(e) It imposes an affirmative obligation on a person having an interest in the real property or on the holder;
(f) The benefit or burden does not touch or concern real property;
(g) There is no privity of estate or contract;
(h) The holder dies, ceases to exist, resigns, or is replaced; or
(i) The owner of an interest subject to the environmental covenant and the holder are the same person.
(3) An instrument that creates restrictions or obligations with respect to real property that would qualify as activity or use limitations except for the fact that the instrument was recorded before July 22, 2007, is not invalid or unenforceable because of any of the limitations on enforcement of interests described in subsection (2) of this section or because it was identified as an easement, servitude, deed restriction, or other interest. This chapter does not apply in any other respect to such an instrument.
(4) This chapter does not invalidate or render unenforceable any interest, whether designated as an environmental covenant or other interest, that is otherwise enforceable under the law of this state.
[ 2007 c 104 s 6.]

catchline: Covenants—Enforceability.


title: RCW 64.70.060

text:
This chapter does not authorize a use of real property that is otherwise prohibited by zoning, by law other than this chapter regulating use of real property, or by a recorded instrument that has priority over the environmental covenant. An environmental covenant may prohibit or restrict uses of real property that are authorized by zoning or by law other than this chapter.
[ 2007 c 104 s 7.]

catchline: Use of real property—Chapter application.


title: RCW 64.70.070

text:
(1) A copy of an environmental covenant shall be provided by the persons and in the manner required by the agency to:
(a) Each person that signed the covenant;
(b) Each person holding a recorded interest in the real property subject to the covenant;
(c) Each person in possession of the real property subject to the covenant at the time the covenant is executed;
(d) Each municipality or other unit of local government in which real property subject to the covenant is located;
(e) The department of ecology; and
(f) Any other person the agency requires.
(2) The validity of an environmental covenant is not affected by failure to provide a copy of the covenant as required under this section.
(3) If the agency has not designated the persons to provide a copy of an environmental covenant, the grantor shall be responsible for providing a copy of an environmental covenant as required under subsection (1) of this section.
[ 2007 c 104 s 8.]

catchline: Covenants—Providing copies.


title: RCW 64.70.080

text:
(1) An environmental covenant and any amendment or termination of the covenant must be recorded in every county in which any portion of the real property subject to the covenant is located. For purposes of indexing, a holder shall be treated as a grantee.
(2) Except as otherwise provided in RCW 64.70.090(3), an environmental covenant is subject to the laws of this state governing recording and priority of interests in real property.
[ 2007 c 104 s 9.]

catchline: Covenants—Recording and priority of interests.


title: RCW 64.70.090

text:
(1) An environmental covenant is perpetual unless it is:
(a) By its terms limited to a specific duration or terminated by the occurrence of a specific event;
(b) Terminated by consent pursuant to RCW 64.70.100;
(c) Terminated pursuant to subsection (2) of this section;
(d) Terminated by foreclosure of an interest that has priority over the environmental covenant; or
(e) Terminated or modified in an eminent domain proceeding, but only if:
(i) The agency that signed the covenant is a party to the proceeding;
(ii) All persons identified in RCW 64.70.100 (1) and (2) are given notice of the pendency of the proceeding; and
(iii) The court determines, after hearing, that the termination or modification will not adversely affect human health or the environment.
(2) If the agency that signed an environmental covenant has determined that the intended benefits of the covenant can no longer be realized, a court, under the doctrine of changed circumstances, in an action in which all persons identified in RCW 64.70.100 (1) and (2) have been given notice, may terminate the covenant or reduce its burden on the real property subject to the covenant.
(3) Except as otherwise provided in subsections (1) and (2) of this section, an environmental covenant may not be extinguished, limited, or impaired through issuance of a tax deed, foreclosure of a tax lien, or application of the doctrine of adverse possession, prescription, abandonment, waiver, lack of enforcement, or acquiescence, or a similar doctrine.
(4) An environmental covenant may not be extinguished, limited, or impaired by the extinguishment of a mineral interest under chapter 78.22 RCW.
[ 2007 c 104 s 10.]

catchline: Covenant—Duration—Court action.


title: RCW 64.70.100

text:
(1) An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by:
(a) The agency;
(b) Unless waived by the agency, the current owner of the fee simple of the real property subject to the covenant;
(c) Each person that originally signed the covenant, unless the person waived in a signed record the right to consent or a court finds that the person no longer exists or cannot be located or identified with the exercise of reasonable diligence; and
(d) Except as otherwise provided in subsection (4)(b) of this section, the holder.
(2) If an interest in real property is subject to an environmental covenant, the interest is not affected by an amendment of the covenant unless the current owner of the interest consents to the amendment or has waived in a signed record the right to consent to amendments.
(3) Except for an assignment undertaken pursuant to a governmental reorganization, assignment of an environmental covenant to a new holder is an amendment.
(4) Except as otherwise provided in an environmental covenant:
(a) A holder may not assign its interest without consent of the other parties;
(b) A holder may be removed and replaced by agreement of the other parties specified in subsection (1) of this section; and
(c) A court of competent jurisdiction may fill a vacancy in the position of holder.
[ 2007 c 104 s 11.]

catchline: Covenant—Amendment or termination by consent.


title: RCW 64.70.110

text:
(1) A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by:
(a) A party to the covenant;
(b) The agency or, if it is not the agency, the department of ecology;
(c) Any person to whom the covenant expressly grants power to enforce;
(d) A person whose interest in the real property or whose collateral or liability may be affected by the alleged violation of the covenant; and
(e) A municipality or other unit of local government in which the real property subject to the covenant is located.
(2) This chapter does not limit the regulatory authority of the agency or the department of ecology under law other than this chapter with respect to an environmental response project.
(3) A person is not responsible for or subject to liability for environmental remediation solely because it has the right to enforce an environmental covenant.
[ 2007 c 104 s 12.]

catchline: Violations—Civil actions—Regulatory authority under chapter—Liability.


title: RCW 64.70.120

text:
(1) The department of ecology shall establish and maintain a registry that contains information identifying all environmental covenants established under this chapter and any amendment or termination of those covenants, including the county where the covenant is recorded and the recording number. The registry may also contain any other information concerning environmental covenants and the real property subject to them that the department of ecology considers appropriate. The registry is a public record for purposes of chapter 42.56 RCW, but the department shall maintain electronic access to the registry without requiring a public records request for any information included in the registry.
(2) Failure to include information or inclusion of inaccurate information concerning an environmental covenant in the registry does not invalidate or limit the application or enforceability of the covenant.
[ 2007 c 104 s 13.]


title: RCW 64.70.130

text:
This chapter modifies, limits, or supersedes the federal electronic signatures in global and national commerce act (15 U.S.C. Sec. 7001 et seq.) but does not modify, limit, or supersede section 101 of that act (15 U.S.C. Sec. 7001(a)) or authorize electronic delivery of any of the notices described in section 103 of that act (15 U.S.C. Sec. 7003(b)).
[ 2007 c 104 s 15.]

catchline: Electronic signatures in global and national commerce act.


title: RCW 64.80.010

text:
The following definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Beneficiary" means a person that receives property under a transfer on death deed.
(2) "Designated beneficiary" means a person designated to receive property in a transfer on death deed.
(3) "Joint owner" means an individual who owns property concurrently with one or more other individuals with a right of survivorship. The term includes a joint tenant with a right to survivorship. The term does not include a tenant in common or owner of community property.
(4) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(5) "Property" means an interest in real property located in this state which is transferable on the death of the owner.
(6) "Transfer on death deed" means a deed authorized under this chapter.
(7) "Transferor" means an individual who makes a transfer on death deed.
[ 2014 c 58 s 2.]

catchline: Definitions.


title: RCW 64.80.020

text:
An individual may transfer property to one or more beneficiaries effective at the transferor's death by a transfer on death deed. A transfer on death deed may not be used to effect a deed in lieu of foreclosure of a deed of trust.
[ 2014 c 58 s 5.]

catchline: Authorized—Prohibited use.


title: RCW 64.80.030

text:
A transfer on death deed is revocable even if the deed or another instrument contains a contrary provision.
[ 2014 c 58 s 6.]

catchline: Revocable.


title: RCW 64.80.040

text:
A transfer on death deed is nontestamentary.
[ 2014 c 58 s 7.]

catchline: Nontestamentary.


title: RCW 64.80.050

text:
The capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a will.
[ 2014 c 58 s 8.]

catchline: Capacity of transferor.


title: RCW 64.80.060

text:
A transfer on death deed:
(1) Except as otherwise provided in subsection (2) of this section, must contain the essential elements and formalities of a properly recordable inter vivos deed;
(2) Must state that the transfer to the designated beneficiary is to occur at the transferor's death; and
(3) Must be recorded before the transferor's death in the public records in the office of the auditor of the county where the property is located.
[ 2014 c 58 s 9.]

catchline: Requirements.


title: RCW 64.80.070

text:
A transfer on death deed is effective without:
(1) Notice or delivery to or acceptance by the designated beneficiary during the transferor's life; or
(2) Consideration.
[ 2014 c 58 s 10.]

catchline: Notice, delivery, acceptance, consideration not required.


title: RCW 64.80.080

text:
(1) Subject to subsection (2) of this section, an instrument is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument:
(a) Is one of the following:
(i) A transfer on death deed that revokes the deed or part of the deed expressly or by inconsistency;
(ii) An instrument of revocation that expressly revokes the deed or part of the deed; or
(iii) An inter vivos deed that expressly revokes the transfer on death deed or part of the deed; and
(b) Is acknowledged by the transferor after the acknowledgment of the deed being revoked and recorded before the transferor's death in the public records in the office of the county auditor of the county where the deed is recorded.
(2) If a transfer on death deed is made by more than one transferor:
(a) Revocation by a transferor does not affect the deed as to the interest of another transferor;
(b) A deed of joint owners is revoked only if it is revoked by all of the joint owners living at the time that the revocation is recorded; and
(c) A deed of community property by both spouses or by both domestic partners is revoked only if it is revoked by both of the spouses or domestic partners, provided that if only one of the spouses or domestic partners is then surviving, that spouse or domestic partner may revoke the deed.
(3) After a transfer on death deed is recorded, it may not be revoked by a revocatory act on the deed.
(4) This section does not limit the effect of an inter vivos transfer of the property.
[ 2014 c 58 s 11.]

catchline: Revocation, when authorized or prohibited.


title: RCW 64.80.090

text:
During a transferor's life, a transfer on death deed does not:
(1) Affect an interest or right of the transferor or any other owner, including the right to transfer or encumber the property;
(2) Affect an interest or right of a transferee, even if the transferee has actual or constructive notice of the deed;
(3) Affect an interest or right of a secured or unsecured creditor or future creditor of the transferor, even if the creditor has actual or constructive notice of the deed;
(4) Affect the transferor's or designated beneficiary's eligibility for any form of public assistance;
(5) Create a legal or equitable interest in favor of the designated beneficiary; or
(6) Subject the property to claims or process of a creditor of the designated beneficiary.
[ 2014 c 58 s 12.]

catchline: Effect during transferor's life.


title: RCW 64.80.100

text:
(1) Except as otherwise provided in this section, or in RCW 11.07.010, and 11.05A.030, on the death of the transferor, the following rules apply to property that is the subject of a transfer on death deed and owned by the transferor at death:
(a) Subject to (b) of this subsection, the interest in the property is transferred to the designated beneficiary in accordance with the deed.
(b) The interest of a designated beneficiary is contingent on the designated beneficiary surviving the transferor. The interest of a designated beneficiary that fails to survive the transferor lapses.
(c) Subject to (d) of this subsection, concurrent interests are transferred to the beneficiaries in equal and undivided shares with no right of survivorship.
(d) If the transferor has identified two or more designated beneficiaries to receive concurrent interests in the property, the share of one which lapses or fails for any reason is transferred to the other, or to the others in proportion to the interest of each in the remaining part of the property held concurrently.
(2) Subject to chapter 65.08 RCW, a beneficiary takes the property subject to all conveyances, encumbrances, assignments, contracts, mortgages, liens, and other interests to which the property is subject at the transferor's death, including liens recorded within twenty-four months after the transferor's death under RCW 41.05A.090 and 43.20B.080. For purposes of this subsection and chapter 65.08 RCW, the recording of the transfer on death deed is deemed to have occurred at the transferor's death.
(3) If a transferor is a joint owner and is:
(a) Survived by one or more other joint owners, the property that is the subject of a transfer on death deed belongs to the surviving joint owner or owners with right of survivorship; or
(b) The last surviving joint owner, the transfer on death deed is effective.
(4) If the property that is the subject of a transfer on death deed is community property and:
(a) The transferor is married and is not joined in the deed by the transferor's spouse or is in a registered domestic partnership and is not joined in the deed by the transferor's domestic partner, the transferor's interest in the property is transferred to the designated beneficiary in accordance with the deed on the transferor's death; or
(b) The transferor is married and is joined in the deed by the transferor's spouse, or is in a registered domestic partnership and is joined in the deed by the transferor's domestic partner, and:
(i) Is survived by the transferor's spouse or domestic partner, the deed is not effective upon the transferor's death; or
(ii) Is the surviving spouse or domestic partner, the transfer on death deed is effective on the transferor's death with respect to the transferor's interest in the property as of the time of the transferor's death.
(5) A transfer on death deed transfers property without covenant or warranty of title even if the deed contains a contrary provision.
[ 2014 c 58 s 13.]

catchline: Effect at transferor's death.


title: RCW 64.80.110

text:
A beneficiary may disclaim all or part of the beneficiary's interest as provided by chapter 11.86 RCW.
[ 2014 c 58 s 14.]

catchline: Disclaimer of interest.


title: RCW 64.80.120

text:
A beneficiary of a transfer on death deed is liable for an allowed claim against the transferor's probate estate and statutory allowances to a surviving spouse and children to the extent provided in RCW 11.18.200, 11.42.085, and chapter 11.54 RCW.
[ 2014 c 58 s 15.]

catchline: Liability for creditor claims and statutory allowances.


title: RCW 64.80.900

text:
This chapter may be cited as the Washington uniform real property transfer on death act.
[ 2014 c 58 s 1.]

catchline: Short title.


title: RCW 64.80.901

text:
This chapter applies to a transfer on death deed made before, on, or after June 12, 2014, by a transferor dying on or after June 12, 2014.
[ 2014 c 58 s 3.]

catchline: Application.


title: RCW 64.80.902

text:
The chapter does not affect any method of transferring property otherwise permitted under the law of this state.
[ 2014 c 58 s 4.]

catchline: Nonexclusivity.


title: RCW 64.80.903

text:
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.
[ 2014 c 58 s 16.]

catchline: Uniformity of application and construction—2014 c 58.


title: RCW 64.80.904

text:
Chapter 58, Laws of 2014 modifies, limits, and supersedes the federal electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001, et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. Sec. 7003(b).
[ 2014 c 58 s 17.]

catchline: Relation to electronic signatures in global and national commerce act—2014 c 58.


title: RCW 64.90.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Affiliate of a declarant" means any person who controls, is controlled by, or is under common control with a declarant. For purposes of this subsection:
(a) A person controls a declarant if the person:
(i) Is a general partner, managing member, officer, director, or employer of the declarant;
(ii) Directly or indirectly or acting in concert with one or more other persons, or through one or more subsidiaries, owns, controls, holds with power to vote, or holds proxies representing more than 20 percent of the voting interest in the declarant;
(iii) Controls in any manner the election or appointment of a majority of the directors, managing members, or general partners of the declarant; or
(iv) Has contributed more than 20 percent of the capital of the declarant.
(b) A person is controlled by a declarant if the declarant:
(i) Is a general partner, managing member, officer, director, or employer of the person;
(ii) Directly or indirectly or acting in concert with one or more other persons, or through one or more subsidiaries, owns, controls, holds with power to vote, or holds proxies representing more than 20 percent of the voting interest in the person;
(iii) Controls in any manner the election or appointment of a majority of the directors, managing members, or general partners of the person; or
(iv) Has contributed more than 20 percent of the capital of the person.
(c) Control does not exist if the powers described in this subsection (1) are held solely as security for an obligation and are not exercised.
(2) "Allocated interests" means the following interests allocated to each unit:
(a) In a condominium, the undivided interest in the common elements, the common expense liability, and votes in the association;
(b) In a cooperative, the common expense liability, the ownership interest, and votes in the association; and
(c) In a plat community and miscellaneous community, the common expense liability and the votes in the association, and also the undivided interest in the common elements if owned in common by the unit owners rather than an association.
(3) "Assessment" means all sums chargeable by the association against a unit, including any assessments levied pursuant to RCW 64.90.480, fines or fees levied or imposed by the association pursuant to this chapter or the governing documents, interest and late charges on any delinquent account, and all costs of collection incurred by the association in connection with the collection of a delinquent owner's account, including reasonable attorneys' fees.
(4) "Association" or "unit owners association" means the unit owners association organized under RCW 64.90.400 and, to the extent necessary to construe sections of this chapter made applicable to common interest communities pursuant to RCW 64.90.365, * 64.90.090, or 64.90.370, the association organized or created to administer such common interest communities.
(5) "Ballot" means a record designed to cast or register a vote or consent in a form provided or accepted by the association.
(6) "Board" means the body, regardless of name, designated in the declaration, map, or organizational documents, with primary authority to manage the affairs of the association.
(7) "Common elements" means:
(a) In a condominium or cooperative, all portions of the common interest community other than the units;
(b) In a plat community or miscellaneous community, any real estate other than a unit within a plat community or miscellaneous community that is owned or leased either by the association or in common by the unit owners rather than an association; and
(c) In all common interest communities, any other interests in real estate for the benefit of any unit owners that are subject to the declaration.
(8) "Common expense" means expenditures made by, or financial liabilities of, the association, together with any allocations to reserves.
(9) "Common expense liability" means the liability for common expenses allocated to each unit pursuant to RCW 64.90.235.
(10) "Common interest community" means real estate described in a declaration with respect to which a person, by virtue of the person's ownership of a unit, is obligated to pay for a share of real estate taxes, insurance premiums, maintenance, or improvement of, or services or other expenses related to, common elements, other units, or other real estate described in the declaration. "Common interest community" does not include an arrangement described in RCW 64.90.110 or 64.90.115. A common interest community may be a part of another common interest community.
(11) "Condominium" means a common interest community in which portions of the real estate are designated for separate ownership and the remainder of the real estate is designated for common ownership solely by the owners of those portions. A common interest community is not a condominium unless the undivided interests in the common elements are vested in the unit owners.
(12) "Condominium notice" means the notice given to tenants pursuant to subsection (13)(c) of this section.
(13)(a) "Conversion building" means a building:
(i) That at any time before creation of the common interest community was lawfully occupied wholly or partially by a tenant or subtenant for residential purposes pursuant to a rental agreement, oral or written, express or implied, who did not receive a notice pursuant to (c) of this subsection prior to entering into the rental agreement or lawfully taking occupancy, whichever event occurred first; or
(ii) That at any time within the 12 months preceding the first acceptance of an agreement with the declarant to convey, or the first conveyance of, any unit in the building, whichever event occurred first, to any person who was not a declarant or dealer, or affiliate of a declarant or dealer, was lawfully occupied wholly or partially by a tenant or subtenant for residential purposes pursuant to a rental agreement, oral or written, express or implied, who did not receive a condominium notice prior to entering into the rental agreement or lawfully taking occupancy, whichever event occurred first.
(b) A building in a common interest community is a conversion building only if:
(i) The building contains more than two attached dwelling units as defined in RCW 64.55.010(1); and
(ii) Acceptance of an agreement to convey, or conveyance of, any unit in the building to any person who was not a declarant or dealer, or affiliate of a declarant or dealer, did not occur prior to July 1, 2018.
(c) The notice referred to in (a)(i) and (ii) of this subsection must be in writing and must state: "The unit you will be occupying is, or may become, part of a common interest community and subject to sale."
(14) "Convey" or "conveyance" means, with respect to a unit, any transfer of ownership of the unit, including a transfer by deed or by real estate contract and, with respect to a unit in a leasehold common interest community or a proprietary lease in a cooperative, a transfer by lease or assignment of the unit, but does not include the creation, transfer, or release of a security interest.
(15) "Cooperative" means a common interest community in which the real estate is owned by an association, each member of which is entitled by virtue of the member's ownership interest in the association and by a proprietary lease to exclusive possession of a unit.
(16) "Dealer" means a person who, together with such person's affiliates, owns or has a right to acquire either six or more units in a common interest community or 50 percent or more of the units in a common interest community containing more than two units.
(17) "Declarant" means:
(a) Any person who executes as declarant a declaration;
(b) Any person who reserves or succeeds to any special declarant right in a declaration;
(c) Any person who exercises special declarant rights or to whom special declarant rights are transferred of record. The holding or exercise of rights to maintain sales offices, signs advertising the common interest community, and models, and related right of access, does not confer the status of being a declarant; or
(d) Any person who is the owner of a fee interest in the real estate that is subjected to the declaration at the time of the recording of an instrument pursuant to RCW 64.90.425 and who directly or through one or more affiliates is materially involved in the construction, marketing, or sale of units in the common interest community created by the recording of the instrument.
(18) "Declarant control" means the right of the declarant or persons designated by the declarant to appoint or remove any officer or board member of the association or to veto or approve a proposed action of any board or association, pursuant to RCW 64.90.415(1)(a).
(19) "Declaration" means the instrument, however denominated, that creates a common interest community, including any amendments to the instrument.
(20) "Development rights" means any right or combination of rights reserved by a declarant in the declaration to:
(a) Add real estate or improvements to a common interest community;
(b) Create units, common elements, or limited common elements within a common interest community;
(c) Subdivide or combine units or convert units into common elements;
(d) Withdraw real estate from a common interest community; or
(e) Reallocate limited common elements with respect to units that have not been conveyed by the declarant.
(21) "Effective age" means the difference between the useful life and remaining useful life.
(22) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(23) "Electronic transmission" or "electronically transmitted" means any electronic communication (a) not directly involving the physical transfer of a record in a tangible medium and (b) that may be retained, retrieved, and reviewed by the sender and the recipient of the communication, and that may be directly reproduced in a tangible medium by a sender and recipient.
(24) "Eligible mortgagee" means the holder of a security interest on a unit that has filed with the secretary of the association a written request that it be given copies of notices of any action by the association that requires the consent of mortgagees.
(25) "Foreclosure" means a statutory forfeiture or a judicial or nonjudicial foreclosure of a security interest or a deed or other conveyance in lieu of a security interest.
(26) "Full funding plan" means a reserve funding goal of achieving 100 percent fully funded reserves by the end of the 30-year study period described under RCW 64.90.550, in which the reserve account balance equals the sum of the estimated costs required to maintain, repair, or replace the deteriorated portions of all reserve components.
(27) "Fully funded balance" means the current value of the deteriorated portion, not the total replacement value, of all the reserve components. The fully funded balance for each reserve component is calculated by multiplying the current replacement cost of that reserve component by its effective age, then dividing the result by that reserve component's useful life. The sum total of all reserve components' fully funded balances is the association's fully funded balance.
(28) "Governing documents" means the organizational documents, map, declaration, rules, or other written instrument by which the association has the authority to exercise any of the powers provided for in this chapter or to manage, maintain, or otherwise affect the property under its jurisdiction.
(29) "Identifying number" means a symbol or address that identifies only one unit or limited common element in a common interest community.
(30) "Leasehold common interest community" means a common interest community in which all or a portion of the real estate is subject to a lease the expiration or termination of which will terminate the common interest community or reduce its size.
(31) "Limited common element" means a portion of the common elements allocated by the declaration or by operation of RCW 64.90.210 (1)(b) or (3) for the exclusive use of one or more, but fewer than all, of the unit owners.
(32) "Map" means: (a) With respect to a plat community, the plat as defined in RCW 58.17.020 and complying with the requirements of Title 58 RCW, and (b) with respect to a condominium, cooperative, or miscellaneous community, a map prepared in accordance with the requirements of RCW 64.90.245.
(33) "Master association" means:
(a) A unit owners association that serves more than one common interest community; or
(b) An organization that holds a power delegated under RCW 64.90.300(1)(a).
(34) "Miscellaneous community" means a common interest community in which units are lawfully created in a manner not inconsistent with chapter 58.17 RCW and that is not a condominium, cooperative, or plat community.
(35) "Nominal reserve costs" means that the current estimated total replacement costs of the reserve components are less than 50 percent of the annual budgeted expenses of the association, excluding contributions to the reserve fund, for a condominium or cooperative containing horizontal unit boundaries, and less than 75 percent of the annual budgeted expenses of the association, excluding contributions to the reserve fund, for all other common interest communities.
(36) "Organizational documents" means the instruments filed with the secretary of state to create an entity and the instruments governing the internal affairs of the entity including, but not limited to, any articles of incorporation, certificate of formation, bylaws, and limited liability company or partnership agreement.
(37) "Person" means an individual, corporation, business trust, estate, the trustee or beneficiary of a trust that is not a business trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal entity.
(38) "Plat community" means a common interest community in which units have been created by subdivision or short subdivision as both are defined in RCW 58.17.020 and in which the boundaries of units are established pursuant to chapter 58.17 RCW.
(39) "Proprietary lease" means a written and recordable lease that is executed and acknowledged by the association as lessor and that otherwise complies with requirements applicable to a residential lease of more than one year and pursuant to which a member is entitled to exclusive possession of a unit in a cooperative. A proprietary lease governed under this chapter is not subject to chapter 59.18 RCW except as provided in the declaration.
(40) "Purchaser" means a person, other than a declarant or a dealer, which by means of a voluntary transfer acquires a legal or equitable interest in a unit other than as security for an obligation.
(41) "Qualified financial institution" means a bank, savings association, or credit union whose deposits are insured by the federal government.
(42) "Real estate" means any leasehold or other estate or interest in, over, or under land, including structures, fixtures, and other improvements and interests that by custom, usage, or law pass with a conveyance of land though not described in the contract of sale or instrument of conveyance. "Real estate" includes parcels with or without upper or lower boundaries and spaces that may be filled with air or water.
(43) "Real estate contract" has the same meaning as defined in RCW 61.30.010.
(44) "Record," when used as a noun, means information inscribed on a tangible medium or contained in an electronic transmission.
(45) "Remaining useful life" means the estimated time, in years, before a reserve component will require major maintenance, repair, or replacement to perform its intended function.
(46) "Replacement cost" means the estimated total cost to maintain, repair, or replace a reserve component to its original functional condition.
(47) "Reserve component" means a physical component of the common interest community which the association is obligated to maintain, repair, or replace, which has an estimated useful life of less than 30 years, and for which the cost of such maintenance, repair, or replacement is infrequent, significant, and impractical to include in an annual budget.
(48) "Reserve study professional" means an independent person who is suitably qualified by knowledge, skill, experience, training, or education to prepare a reserve study in accordance with RCW 64.90.545 and 64.90.550. For the purposes of this subsection, "independent" means a person who is not an employee, officer, or director, and has no pecuniary interest in the declarant, association, or any other party for whom the reserve study is prepared.
(49) "Residential purposes" means use for dwelling or recreational purposes, or both.
(50) "Rule" means a policy, guideline, restriction, procedure, or regulation of an association, however denominated, that is not set forth in the declaration or organizational documents.
(51) "Security interest" means an interest in real estate or personal property, created by contract or conveyance that secures payment or performance of an obligation. "Security interest" includes a lien created by a mortgage, deed of trust, real estate contract, lease intended as security, assignment of lease or rents intended as security, pledge of an ownership interest in an association, and any other consensual lien or title retention contract intended as security for an obligation.
(52) "Special declarant rights" means rights reserved for the benefit of a declarant to:
(a) Complete any improvements the declarant is not obligated to make that are indicated on the map or described in the declaration or the public offering statement;
(b) Exercise any development right, pursuant to RCW 64.90.250;
(c) Maintain sales offices, management offices, signs advertising the common interest community, and models, pursuant to RCW 64.90.275;
(d) Use easements through the common elements for the purpose of making improvements within the common interest community or within real estate that may be added to the common interest community, pursuant to RCW 64.90.280;
(e) Make the common interest community subject to a master association, pursuant to RCW 64.90.300;
(f) Merge or consolidate a common interest community with another common interest community, pursuant to RCW 64.90.310;
(g) Appoint or remove any officer or board member of the association or any master association or to veto or approve a proposed action of any board or association, pursuant to RCW 64.90.415(1);
(h) Control any construction, design review, or aesthetic standards committee or process, pursuant to RCW 64.90.505(3);
(i) Attend meetings of the unit owners and, except during an executive session, the board, pursuant to RCW 64.90.445;
(j) Have access to the records of the association to the same extent as a unit owner, pursuant to RCW 64.90.495.
(53) "Specially allocated expense" means any common expense of the association, including allocations to reserves, allocated on a basis other than the common expense liability pursuant to RCW 64.90.480.
(54) "Survey" has the same meaning as defined in RCW 58.09.020.
(55) "Tangible medium" means a writing, copy of a writing, facsimile, or a physical reproduction, each on paper or on other tangible material.
(56) "Timeshare" has the same meaning as defined in RCW 64.36.010.
(57) "Transition meeting" means the meeting held pursuant to RCW 64.90.415(4).
(58)(a) "Unit" means a physical portion of the common interest community designated for separate ownership or occupancy, the boundaries of which are described pursuant to RCW 64.90.225(1)(d).
(b) If a unit in a cooperative is owned by a unit owner or is sold, conveyed, voluntarily or involuntarily encumbered, or otherwise transferred by a unit owner, the interest in that unit that is owned, sold, conveyed, encumbered, or otherwise transferred is the right to possession of that unit under a proprietary lease, coupled with the allocated interests of that unit, and the association's interest in that unit is not affected.
(c) Except as provided in the declaration, a mobile home or manufactured home for which title has been eliminated pursuant to chapter 65.20 RCW is part of the unit described in the title elimination documents.
(59)(a) "Unit owner" means (i) a declarant or other person that owns a unit or (ii) a lessee of a unit in a leasehold common interest community whose lease expires simultaneously with any lease the expiration or termination of which will remove the unit from the common interest community, but does not include a person having an interest in a unit solely as security for an obligation.
(b) "Unit owner" also means the vendee, not the vendor, of a unit under a recorded real estate contract.
(c) In a condominium, plat community, or miscellaneous community, the declarant is the unit owner of any unit created by the declaration. In a cooperative, the declarant is treated as the unit owner of any unit to which allocated interests have been allocated until that unit has been conveyed to another person.
(60) "Useful life" means the estimated time during which a reserve component is expected to perform its intended function without major maintenance, repair, or replacement.
(61) "Writing" does not include an electronic transmission.
(62) "Written" means embodied in a tangible medium.
[ 2025 c 119 s 6; 2024 c 321 s 301; 2019 c 238 s 201; 2018 c 277 s 102.]
Notes:
*Reviser's note: RCW 64.90.090 was repealed by 2024 c 321 s 505, effective January 1, 2028.

catchline: Definitions.


title: RCW 64.90.015

text:
(1) Except as expressly provided in this chapter, the effect of the provisions of this chapter may not be varied by agreement, and rights conferred by this chapter may not be waived. Except as provided otherwise in RCW 64.90.110, a declarant may not act under a power of attorney, or use any other device, to evade the limitations or prohibitions of this chapter or the declaration.
(2) Except as provided in subsection (3) of this section, the governing documents may not vary a provision of this chapter that gives a right to or imposes an obligation or liability on a unit owner, declarant, association, or board.
(3) The governing documents may vary the following provisions as provided in the provision:
(a) RCW 64.90.020(1), concerning classification of a cooperative unit as real estate or personal property;
(b) RCW 64.90.030 (2) and (3), concerning reallocation of allocated interests and allocation of proceeds after a taking by eminent domain;
(c) RCW 64.90.360(4), 64.90.370, and 64.90.100, concerning elections regarding applicability of this chapter;
(d) RCW 64.90.100 (1), (2), and (3), concerning communities restricted to nonresidential uses;
(e) RCW 64.90.200(3) (a) and (b), concerning the timing of the conveyance of common elements to the association, and the vesting of real estate owned by the association on termination;
(f) RCW 64.90.210, concerning boundaries between units and common elements;
(g) RCW 64.90.240 (2) and (3), concerning reallocation of limited common elements;
(h) RCW 64.90.245(11), concerning horizontal boundaries of units;
(i) RCW 64.90.255, concerning alterations of units and common elements made by unit owners;
(j) RCW 64.90.260 (1) and (2), concerning relocation of boundaries between units;
(k) RCW 64.90.265 (1) and (2), concerning subdivision and combination of units;
(l) RCW 64.90.275, concerning sales offices, management offices, models, and signs maintained by a declarant;
(m) RCW 64.90.280 (1) and (3), concerning easements through, and rights to use, common elements;
(n) RCW 64.90.285 (1) and (8), concerning the percentage of votes and consents required to amend the declaration;
(o) RCW 64.90.290 (1) and (8), concerning the percentage of votes required to terminate a common interest community and priority of creditors of a cooperative;
(p) RCW 64.90.360(4)(a), concerning small communities;
(q) RCW 64.90.405 (4)(c) and (5)(c), concerning an association's assignment of rights to future income, the number of votes required to reject a proposal to borrow funds, and the right to terminate a lease or evict a tenant;
(r) RCW 64.90.410 (1) and (2), concerning the board acting on behalf of the association and the election of officers by the board;
(s) RCW 64.90.420(2), concerning costs of audits;
(t) RCW 64.90.435(1)(b), concerning election of officers by unit owners;
(u) RCW 64.90.440 (1) and (4), concerning responsibility for maintenance, repair, and replacement of units and common elements and treatment of income or proceeds from real estate subject to development rights;
(v) RCW 64.90.445 (1)(b) and (2)(i), concerning meetings;
(w) RCW 64.90.450, concerning quorum requirements for meetings;
(x) RCW 64.90.455 (3), (4), (5), and (8), concerning unit owner voting;
(y) RCW 64.90.465 (1), (2), and (7), concerning the percentage of votes required to convey or encumber common elements and the effect of conveyance or encumbrance of common elements;
(z) RCW 64.90.470 (2) and (11), concerning insurance where the units are attached, and insurance for a nonresidential common interest community;
(aa) RCW 64.90.475(2), concerning payment of surplus funds of the association;
(bb) RCW 64.90.485 (7) and (20), concerning priority and foreclosure of liens held by two or more associations;
(cc) RCW 64.90.505 (1) and (3), concerning the adoption of rules;
(dd) RCW 64.90.520(4), concerning the board's ability to remove an officer elected by the board;
(ee) RCW 64.90.525(1), concerning the percentage of votes required to reject a budget; and
(ff) RCW 64.90.545(2), concerning applicability of reserve study requirements to certain types of common interest communities.
[ 2026 c 96 s 1; 2025 c 119 s 7; 2018 c 277 s 103.]

catchline: No variation by agreement.


title: RCW 64.90.020

text:
(1) In a cooperative, unless the declaration provides that a unit owner's interest in a unit and its allocated interests is real estate for all purposes, that interest is personal property.
(2) In a condominium, plat community, or miscellaneous community, if there is any unit owner other than a declarant:
(a) Each unit that has been created, together with its interest in the common elements, constitutes for all purposes a separate parcel of real estate; and
(b) Each unit together with its interest in the common elements must be separately taxed and assessed.
(3) If a development right has an ascertainable market value, the development right constitutes a separate parcel of real estate for property tax purposes and must be separately taxed and assessed to the declarant, and the declarant alone is liable for payment of those taxes.
(4) If there is no unit owner other than a declarant, the real estate comprising the common interest community may be taxed and assessed in any manner provided by law.
[ 2018 c 277 s 104.]

catchline: Separate titles and taxation.