title: RCW 64.34.460

text:
If any improvement contemplated in a condominium is labeled "NEED NOT BE BUILT" on a survey map or plan, or is to be located within a portion of the condominium with respect to which the declarant has reserved a development right, no promotional material may be displayed or delivered to prospective purchasers which describes or portrays that improvement unless the description or portrayal of the improvement in the promotional material is conspicuously labeled or identified as "NEED NOT BE BUILT."
[1989 c 43 s 4-116.]

catchline: Labeling of promotional material. (Effective until January 1, 2028.)


doc_type: statute

jurisdiction: wa

title: RCW 64.34.465

text:
(1) The declarant shall complete all improvements labeled "MUST BE BUILT" on survey maps or plans prepared pursuant to RCW 64.34.232.
(2) The declarant is subject to liability for the prompt repair and restoration, to a condition compatible with the remainder of the condominium, of any portion of the condominium damaged by the exercise of rights reserved pursuant to or created by RCW 64.34.236, 64.34.240, 64.34.244, 64.34.248, 64.34.256, and 64.34.260.
[1989 c 43 s 4-117.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Improvements—Declarant's duties. (Effective until January 1, 2028.)

code: rcw

unit: section

court: Washington State Legislature


title: RCW 64.34.470

text:
A declarant of a conversion condominium, and any dealer who intends to offer units in such a condominium, must provide a conversion condominium notice of the conversion to the Washington state housing finance commission no later than 120 days before the residential tenants and any residential subtenant in possession of a portion of a conversion condominium are required to vacate.
[ 2022 c 165 s 3.]
Notes:
Findings—Intent—2022 c 165: See note following RCW 43.180.245.

catchline: Conversion condominium notice. (Effective until January 1, 2028.)


title: RCW 64.34.500

text:
(1) A declaration created after July 27, 2025, and applicable to an association located fully or partially within a station area as defined in RCW 36.70A.030 may not prohibit the construction or development of multifamily housing or transit-oriented development density that must be permitted by cities under RCW 36.70A.840 or require off-street parking inconsistent or in conflict with RCW 36.70A.842.
(2) This section expires January 1, 2028.
[ 2025 c 267 s 10.]
Notes:
Findings—2025 c 267: See note following RCW 36.70A.840.

catchline: Transit-oriented development restrictions. (Expires January 1, 2028.)


title: RCW 64.34.510

text:
(1) When a unit owner or the unit owner's authorized agent files a written inquiry by certified mail with an association regarding one or more topics related to either association governance or operations, or both, the association must respond, in the form of a record, to the unit owner or the unit owner's authorized agent within 30 days after receipt of the inquiry. The 30-day response deadline may be extended to allow:
(a) For the inquiry to be reviewed by the board of directors at the next regularly scheduled board meeting, provided such meetings are scheduled at least monthly;
(b) For 30 additional days to respond to a complex inquiry;
(c) Time for the board of directors to seek a legal or other third-party opinion when one is required for an adequate response. Notwithstanding any other provision of this chapter, an association must treat its costs related to obtaining a discretionary legal and/or third-party professional opinion as a common expense and may not specially assess those costs on any unit.
(2) The association must either give a substantive response to the inquirer or notify the inquirer that additional time is reasonably necessary to respond, such as when a legal opinion or other third-party professional opinion has been requested. For the purposes of this section, a "substantive response" includes, but is not limited to, a factual explanation, reference to governing documents, reference to association records already available for inspection by owners, statement of current association practices, or other responsive information reasonably available to the association. An association is not required to obtain a legal opinion or other third-party professional opinion in order to provide a substantive response unless reasonably necessary to address the inquiry.
(3) In any action or proceeding arising out of an inquiry subject to this section including, but not limited to, any litigation, mediation, arbitration, or administrative proceedings, the prevailing party is entitled to recover its reasonable attorneys' fees and costs.
(4) The association may adopt reasonable rules and regulations regarding the frequency and manner of responding to inquiries, one of which may be that the association is only obligated to respond to one written inquiry per unit in any 30-day period. In such a case, the association must respond to any additional inquiry or inquiries in the subsequent 30-day period, or periods, as applicable. Nothing in this section precludes a unit owner from asking more than one question as part of a single inquiry.
(5) Nothing in this section is intended to override other provisions of this chapter including, but not limited to, RCW 64.34.372.
(6) This section expires January 1, 2028.
[ 2026 c 128 s 3.]

catchline: Unit owner inquiries to associations. (Expires January 1, 2028.)


title: RCW 64.34.900

text:
This chapter shall be known and may be cited as the Washington condominium act or the condominium act.
[1989 c 43 s 1-101.]

catchline: Short title. (Effective until January 1, 2028.)


title: RCW 64.34.910

text:
Section captions as used in this chapter do not constitute any part of the law.
[1989 c 43 s 4-119.]

catchline: Section captions. (Effective until January 1, 2028.)


title: RCW 64.34.930

text:
This act shall take effect July 1, 1990.
[1989 c 43 s 4-124.]

catchline: Effective date—1989 c 43. (Effective until January 1, 2028.)


title: RCW 64.34.931

text:
Sections 1 through 13 of this act take effect July 1, 2004.
[ 2004 c 201 s 14.]

catchline: Effective date—2004 c 201 ss 1-13. (Effective until January 1, 2028.)


title: RCW 64.34.940

text:
This chapter being a general act intended as a unified coverage of its subject matter, no part of it shall be construed to be impliedly repealed by subsequent legislation if that construction can reasonably be avoided.
[1989 c 43 s 1-109.]

catchline: Construction against implicit repeal. (Effective until January 1, 2028.)


title: RCW 64.34.950

text:
This chapter shall be applied and construed so as to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
[1989 c 43 s 1-110.]

catchline: Uniformity of application and construction. (Effective until January 1, 2028.)


title: RCW 64.35.105

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Affiliate" has the meaning in RCW 64.90.010.
(2) "Association" has the meaning in RCW 64.90.010.
(3) "Building envelope" means the assemblies, components, and materials of a building that are intended to separate and protect the interior space of the building from the adverse effects of exterior climatic conditions.
(4) "Common element" has the meaning in RCW 64.90.010.
(5) "Condominium" has the meaning in RCW 64.90.010.
(6) "Construction professional" has the meaning in RCW 64.50.010.
(7) "Conversion condominium" has the meaning in RCW 64.90.010.
(8) "Declarant" has the meaning in RCW 64.90.010.
(9) "Declarant control" has the meaning in RCW 64.90.010.
(10) "Defect" means any aspect of a condominium unit or common element which constitutes a breach of the implied warranties set forth in RCW 64.34.445 or 64.90.670.
(11) "Limited common element" has the meaning in RCW 64.90.010.
(12) "Material" means substantive, not simply formal; significant to a reasonable person; not trivial or insignificant. When used with respect to a particular construction defect, "material" does not require that the construction defect render the unit or common element unfit for its intended purpose or uninhabitable.
(13) "Mediation" means a collaborative process in which two or more parties meet and attempt, with the assistance of a mediator, to resolve issues in dispute between them.
(14) "Mediation session" means a meeting between two or more parties to a dispute during which they are engaged in mediation.
(15) "Mediator" means a neutral and impartial facilitator with no decision-making power who assists parties in negotiating a mutually acceptable settlement of issues in dispute between them.
(16) "Person" has the meaning in RCW 64.90.010.
(17) "Public offering statement" has the meaning in chapter 64.90 RCW.
(18) "Qualified insurer" means an entity that holds a certificate of authority under RCW 48.05.030, or an eligible insurer under chapter 48.15 RCW.
(19) "Qualified warranty" means an insurance policy issued by a qualified insurer that complies with the requirements of this chapter. A qualified warranty includes coverage for repair of physical damage caused by the defects covered by the qualified warranty, except to the extent of any exclusions and limitations under this chapter.
(20) "Resale certificate" means the statement to be delivered by the association under chapter 64.90 RCW.
(21) "Transition date" means the date on which the declarant is required to deliver to the association the property of the association under RCW 64.90.420.
(22) "Unit" has the meaning in RCW 64.90.010.
(23) "Unit owner" has the meaning in RCW 64.90.010.
[ 2023 c 337 s 1; 2004 c 201 s 101.]
PDF
RCW 64.35.105
Definitions. (Effective January 1, 2028.)
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Affiliate" has the meaning in RCW 64.90.010.
(2) "Association" has the meaning in RCW 64.90.010.
(3) "Building envelope" means the assemblies, components, and materials of a building that are intended to separate and protect the interior space of the building from the adverse effects of exterior climatic conditions.
(4) "Common element" has the meaning in RCW 64.90.010.
(5) "Condominium" has the meaning in RCW 64.90.010.
(6) "Construction professional" has the meaning in RCW 64.50.010.
(7) "Conversion condominium" has the meaning in RCW 64.90.010.
(8) "Declarant" has the meaning in RCW 64.90.010.
(9) "Declarant control" has the meaning in RCW 64.90.010.
(10) "Defect" means any aspect of a condominium unit or common element which constitutes a breach of the implied warranties set forth in RCW 64.90.670.
(11) "Limited common element" has the meaning in RCW 64.90.010.
(12) "Material" means substantive, not simply formal; significant to a reasonable person; not trivial or insignificant. When used with respect to a particular construction defect, "material" does not require that the construction defect render the unit or common element unfit for its intended purpose or uninhabitable.
(13) "Mediation" means a collaborative process in which two or more parties meet and attempt, with the assistance of a mediator, to resolve issues in dispute between them.
(14) "Mediation session" means a meeting between two or more parties to a dispute during which they are engaged in mediation.
(15) "Mediator" means a neutral and impartial facilitator with no decision-making power who assists parties in negotiating a mutually acceptable settlement of issues in dispute between them.
(16) "Person" has the meaning in RCW 64.90.010.
(17) "Public offering statement" has the meaning in chapter 64.90 RCW.
(18) "Qualified insurer" means an entity that holds a certificate of authority under RCW 48.05.030, or an eligible insurer under chapter 48.15 RCW.
(19) "Qualified warranty" means an insurance policy issued by a qualified insurer that complies with the requirements of this chapter. A qualified warranty includes coverage for repair of physical damage caused by the defects covered by the qualified warranty, except to the extent of any exclusions and limitations under this chapter.
(20) "Resale certificate" means the statement to be delivered by the association under chapter 64.90 RCW.
(21) "Transition date" means the date on which the declarant is required to deliver to the association the property of the association under RCW 64.90.420.
(22) "Unit" has the meaning in RCW 64.90.010.
(23) "Unit owner" has the meaning in RCW 64.90.010.
[ 2024 c 321 s 416; 2023 c 337 s 1; 2004 c 201 s 101.]
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 64.35.106

text:
All qualified warrantees shall be deemed to be "insurance" for purposes of RCW 48.01.040, and shall be regulated as such.
[ 2004 c 201 s 2001.]

catchline: Qualified warrantees—Application of RCW 48.01.040.


title: RCW 64.35.110

text:
(1) No insurer is bound to offer a qualified warranty to any person. Except as specifically set forth in this section, the terms of any qualified warranty are set in the sole discretion of the qualified insurer. Without limiting the generality of this subsection, a qualified insurer may make inquiries about the applicant as follows:
(a) Does the applicant have the financial resources to undertake the construction of the number of units being proposed by the applicant's business plan for the following twelve months;
(b) Does the applicant and its directors, officers, employees, and consultants possess the necessary technical expertise to adequately perform their individual functions with respect to their proposed role in the construction and sale of units;
(c) Does the applicant and its directors and officers have sufficient experience in business management to properly manage the unit construction process;
(d) Does the applicant and its directors, officers, and employees have sufficient practical experience to undertake the proposed unit construction;
(e) Does the past conduct of the applicant and its directors, officers, employees, and consultants provide a reasonable indication of good business practices, and reasonable grounds for belief that its undertakings will be carried on in accordance with all legal requirements; and
(f) Is the applicant reasonably able to provide, or to cause to be provided, after-sale customer service for the units to be constructed.
(2) A qualified insurer may charge a fee to make the inquiries permitted by subsection (1) of this section.
(3) Before approving a qualified warranty for a condominium, a qualified insurer may make such inquiries and impose such conditions as it deems appropriate in its sole discretion, including without limitation the following:
(a) To determine if the applicant has the necessary capitalization or financing in place, including any reasonable contingency reserves, to undertake construction of the proposed unit;
(b) To determine if the applicant or, in the case of a corporation, its directors, officers, employees, and consultants possess reasonable technical expertise to construct the proposed unit, including specific technical knowledge or expertise in any building systems, construction methods, products, treatments, technologies, and testing and inspection methods proposed to be employed;
(c) To determine if the applicant or, in the case of a corporation, its directors, officers, employees, and consultants have sufficient practical experience in the specific types of construction to undertake construction of the proposed unit;
(d) To determine if the applicant has sufficient personnel and other resources to adequately undertake the construction of the proposed unit in addition to other units which the applicant may have under construction or is currently marketing;
(e) To determine if:
(i) The applicant is proposing to engage a general contractor to undertake all or a significant portion of the construction of the proposed unit; and
(ii) The general contractor meets the criteria set out in this section;
(f) Requiring that a declarant provide security in a form suitable to the qualified insurer;
(g) Establishing or requiring compliance with specific construction standards for the unit;
(h) Restricting the applicant from constructing some types of units or using some types of construction or systems;
(i) Requiring the use of specific types of systems, consultants, or personnel for the construction;
(j) Requiring an independent review of the unit building plans or consultants' reports or any part thereof;
(k) Requiring third-party verification or certification of the construction of the unit or any part thereof;
(l) Providing for inspection of the unit or any part thereof during construction;
(m) Requiring ongoing monitoring of the unit, or one or more of its components, following completion of construction;
(n) Requiring that the declarant or any of the design professionals, engineering professionals, consultants, general contractors, or subcontractors maintain minimum levels of insurance, bonding, or other security naming the potential owners and qualified insurer as loss payees or beneficiaries of the insurance, bonding, or security to the extent possible;
(o) Requiring that the declarant provide a list of all design professionals and other consultants who are involved in the design or construction inspection, or both, of the unit;
(p) Requiring that the declarant provide a list of trades employed in the construction of the unit, and requiring evidence of their current trade's certification, if applicable.
[ 2004 c 201 s 1901.]

catchline: No duty to offer a qualified warranty—Insurer sets terms—Scope of inquiry—Conditions.


title: RCW 64.35.115

text:
In any judicial proceeding or arbitration brought to enforce the terms of a qualified warranty, the court or arbitrator may award reasonable attorneys' fees to the substantially prevailing party. In no event may such fees exceed the reasonable hourly value of the attorney's work.
[ 2004 c 201 s 1701.]

catchline: Attorneys' fees.


title: RCW 64.35.120

text:
(1) A qualified warranty pertains solely to the unit and common elements for which it provides coverage and no notice to the qualified insurer is required on a change of ownership.
(2) All of the applicable unused benefits under a qualified warranty with respect to a unit are automatically transferred to any subsequent owner on a change of ownership.
[ 2004 c 201 s 1801.]

catchline: Change of ownership—Coverage transfers.


title: RCW 64.35.205

text:
No declarant, affiliate of a declarant, or construction professional is liable to a unit owner or an association for damages awarded for repair of construction defects and resulting physical damage, and chapter 64.50 RCW shall not apply if: (1) Every unit is the subject of a qualified warranty; and (2) the association has been issued a qualified warranty with respect to the common elements. If a construction professional agrees on terms satisfactory to the qualified insurer to partially or fully indemnify the qualified insurer with respect to a defect caused by the construction professional, the liability of the construction professional for the defect and resulting physical damage caused by him or her shall not exceed damages recoverable under the terms of the qualified warranty for the defect. Any indemnity claim by the qualified insurer shall be by separate action or arbitration, and no unit owner or association shall be joined therein. A qualified warranty may also be provided in the case of improvements made or contracted for by a declarant as part of a conversion condominium, and in such case, declarant's liability with respect to such improvements shall be limited as set forth in this section.
[ 2004 c 201 s 201.]

catchline: Qualified warranty—Remedy and procedure—Application of chapter 64.50 RCW.


title: RCW 64.35.210

text:
(1) Every public offering statement and resale certificate shall affirmatively state whether or not the unit and/or the common elements are covered by a qualified warranty, and shall provide to the best knowledge of the person preparing the public offering statement or resale certificate a history of claims under the warranty.
(2) The history of claims must include, for each claim, not less than the following information for the unit and/or the common elements, as applicable, to the best knowledge of the person providing the information:
(a) The type of claim that was made;
(b) The resolution of the claim;
(c) The type of repair performed;
(d) The date of the repair;
(e) The cost of the repair; and
(f) The name of the person or entity who performed the repair.
[ 2004 c 201 s 301.]

catchline: Notice of qualified warranty—History of claims.


title: RCW 64.35.305

text:
(1) The minimum coverage for the two-year materials and labor warranty is:
(a) In the first twelve months, for other than the common elements, (i) coverage for any defect in materials and labor; and (ii) subject to subsection (2) of this section, coverage for a violation of the building code;
(b) In the first fifteen months, for the common elements, (i) coverage for any defect in materials and labor; and (ii) subject to subsection (2) of this section, coverage for a violation of the building code;
(c) In the first twenty-four months, (i) coverage for any defect in materials and labor supplied for the electrical, plumbing, heating, ventilation, and air conditioning delivery and distribution systems; (ii) coverage for any defect in materials and labor supplied for the exterior cladding, caulking, windows, and doors that may lead to detachment or material damage to the unit or common elements; (iii) coverage for any defect in materials and labor which renders the unit unfit to live in; and (iv) subject to subsection (2) of this section, coverage for a violation of the building code.
(2) Noncompliance with the building code is considered a defect covered by a qualified warranty if the noncompliance:
(a) Constitutes an unreasonable health or safety risk; or
(b) Has resulted in, or is likely to result in, material damage to the unit or common elements.
[ 2004 c 201 s 401.]

catchline: Two-year materials and labor warranty—Noncompliance with building code.


title: RCW 64.35.310

text:
The minimum coverage for the building envelope warranty is five years for defects in the building envelope of a condominium, including a defect which permits unintended water penetration so that it causes, or is likely to cause, material damage to the unit or common elements.
[ 2004 c 201 s 402.]

catchline: Five-year building envelope warranty.


title: RCW 64.35.315

text:
The minimum coverage for the structural defects warranty is ten years for:
(1) Any defect in materials and labor that results in the failure of a load-bearing part of the condominium; and
(2) Any defect which causes structural damage that materially and adversely affects the use of the condominium for residential occupancy.
[ 2004 c 201 s 403.]

catchline: Ten-year structural defects warranty.


title: RCW 64.35.320

text:
(1) For the unit, the beginning date of the qualified warranty coverage is the earlier of:
(a) Actual occupancy of the unit; or
(b) Transfer of legal title to the unit.
(2) For the common elements, the beginning date of a qualified warranty is the date a temporary or final certificate of occupancy is issued for the common elements in each separate multiunit building, comprised by the condominium.
[ 2004 c 201 s 404.]

catchline: Beginning dates for warranty coverage.


title: RCW 64.35.325

text:
(1) If an unsold unit is occupied as a rental unit, the qualified warranty beginning date for such unit is the date the unit is first occupied.
(2) If the declarant subsequently offers to sell a unit which is rented, the declarant must disclose, in writing, to each prospective purchaser, the date on which the qualified warranty expires.
(3) If the declarant retains any declarant control over the association on the date that is fourteen full calendar months following the month in which the beginning date for common element warranty coverage commences, the declarant shall within thirty days thereafter cause an election to be held in which the declarant may not vote, for the purpose of electing one or more board members who are empowered to make warranty claims. If at such time, one or more independent board members hold office, no additional election need be held, and such independent board members are empowered to make warranty claims. The declarant shall inform all independent board members of their right to make warranty claims at no later than sixteen full calendar months following the beginning date of the common element warranty.
[ 2004 c 201 s 405.]

catchline: Beginning dates for warranty coverage—Special cases—Declarant control.


title: RCW 64.35.330

text:
(1) If repairs are required under the qualified warranty and damage to the unit, or the extent of the repairs renders the unit uninhabitable, the qualified warranty must cover reasonable living expenses incurred by the owner to live elsewhere in an amount commensurate with the nature of the unit.
(2) If a qualified insurer establishes a maximum amount per day for claims for living expenses, the limit must be the greater of one hundred dollars per day or a reasonable amount commensurate with the nature of the unit for the complete reimbursement of the actual accommodation expenses incurred by the owner at a hotel, motel, or other rental accommodation up to the day the unit is ready for occupancy, subject to the owner receiving twenty-four hours' advance notice.
[ 2004 c 201 s 406.]

catchline: Living expense allowance.


title: RCW 64.35.335

text:
(1) All repairs and replacements made under a qualified warranty must be warranted by the qualified warranty against defects in materials and labor until the later of:
(a) The first anniversary of the date of completion of the repair or replacement; or
(b) The expiration of the applicable qualified warranty coverage.
(2) All repairs and replacements made under a qualified warranty must be completed in a reasonable manner using materials and labor conforming to the building code and industry standards.
[ 2004 c 201 s 407.]

catchline: Warranty on repairs and replacements.


title: RCW 64.35.405

text:
A qualified insurer may include any of the following provisions in a qualified warranty:
(1) If the qualified insurer makes a payment or assumes liability for any payment or repair under a qualified warranty, the owner and association must fully support and assist the qualified insurer in pursuing any rights that the qualified insurer may have against the declarant, and any construction professional that has contractual or common law obligations to the declarant, whether such rights arose by contract, subrogation, or otherwise.
(2) Warranties or representations made by a declarant which are in addition to the warranties set forth in this chapter are not binding on the qualified insurer unless and to the extent specifically provided in the text of the warranty; and disclaimers of specific defects made by agreement between the declarant and the unit purchaser under RCW 64.34.450 act as an exclusion of the specified defect from the warranty coverage.
(3) An owner and the association must permit the qualified insurer or declarant, or both, to enter the unit at reasonable times, after reasonable notice to the owner and the association:
(a) To monitor the unit or its components;
(b) To inspect for required maintenance;
(c) To investigate complaints or claims; or
(d) To undertake repairs under the qualified warranty.
If any reports are produced as a result of any of the activities referred to in (a) through (d) of this subsection, the reports must be provided to the owner and the association.
(4) An owner and the association must provide to the qualified insurer all information and documentation that the owner and the association have available, as reasonably required by the qualified insurer to investigate a claim or maintenance requirement, or to undertake repairs under the qualified warranty.
(5) To the extent any damage to a unit is caused or made worse by the unreasonable refusal of the association, or an owner or occupant to permit the qualified insurer or declarant access to the unit for the reasons in subsection (3) of this section, or to provide the information required by subsection (4) of this section, that damage is excluded from the qualified warranty.
(6) In any claim under a qualified warranty issued to the association, the association shall have the sole right to prosecute and settle any claim with respect to the common elements.
[ 2004 c 201 s 501.]
PDF
RCW 64.35.405
Provisions a qualified insurer may include. (Effective January 1, 2028.)
A qualified insurer may include any of the following provisions in a qualified warranty:
(1) If the qualified insurer makes a payment or assumes liability for any payment or repair under a qualified warranty, the owner and association must fully support and assist the qualified insurer in pursuing any rights that the qualified insurer may have against the declarant, and any construction professional that has contractual or common law obligations to the declarant, whether such rights arose by contract, subrogation, or otherwise.
(2) Warranties or representations made by a declarant which are in addition to the warranties set forth in this chapter are not binding on the qualified insurer unless and to the extent specifically provided in the text of the warranty; and disclaimers of specific defects made by agreement between the declarant and the unit purchaser under RCW 64.90.675 act as an exclusion of the specified defect from the warranty coverage.
(3) An owner and the association must permit the qualified insurer or declarant, or both, to enter the unit at reasonable times, after reasonable notice to the owner and the association:
(a) To monitor the unit or its components;
(b) To inspect for required maintenance;
(c) To investigate complaints or claims; or
(d) To undertake repairs under the qualified warranty.
If any reports are produced as a result of any of the activities referred to in (a) through (d) of this subsection, the reports must be provided to the owner and the association.
(4) An owner and the association must provide to the qualified insurer all information and documentation that the owner and the association have available, as reasonably required by the qualified insurer to investigate a claim or maintenance requirement, or to undertake repairs under the qualified warranty.
(5) To the extent any damage to a unit is caused or made worse by the unreasonable refusal of the association, or an owner or occupant to permit the qualified insurer or declarant access to the unit for the reasons in subsection (3) of this section, or to provide the information required by subsection (4) of this section, that damage is excluded from the qualified warranty.
(6) In any claim under a qualified warranty issued to the association, the association shall have the sole right to prosecute and settle any claim with respect to the common elements.
[ 2024 c 321 s 417; 2004 c 201 s 501.]
Notes:
Effective dates—2024 c 321 ss 319 and 401-432: See note following RCW 64.90.485.

catchline: Provisions a qualified insurer may include. (Effective until January 1, 2028.)


title: RCW 64.35.410

text:
(1) A qualified insurer may exclude from a qualified warranty:
(a) Landscaping, both hard and soft, including plants, fencing, detached patios, planters not forming a part of the building envelope, gazebos, and similar structures;
(b) Any commercial use area and any construction associated with a commercial use area;
(c) Roads, curbs, and lanes;
(d) Subject to subsection (2) of this section, site grading and surface drainage except as required by the building code;
(e) Municipal services operation, including sanitary and storm sewer;
(f) Septic tanks or septic fields;
(g) The quality or quantity of water, from either a piped municipal water supply or a well;
(h) A water well, but excluding equipment installed for the operation of a water well used exclusively for a unit, which equipment is part of the plumbing system for that unit for the purposes of the qualified warranty.
(2) The exclusions permitted by subsection (1) of this section do not include any of the following:
(a) A driveway or walkway;
(b) Recreational and amenity facilities situated in, or included as the common property of, a unit;
(c) A parking structure in a multiunit building;
(d) A retaining wall that:
(i) An authority with jurisdiction requires to be designed by a professional engineer; or
(ii) Is reasonably required for the direct support of, or retaining soil away from, a unit, driveway, or walkway.
[ 2004 c 201 s 601.]

catchline: Authorized exclusions—General.


title: RCW 64.35.415

text:
A qualified insurer may exclude any or all of the following items from a qualified warranty:
(1) Weathering, normal wear and tear, deterioration, or deflection consistent with normal industry standards;
(2) Normal shrinkage of materials caused by drying after construction;
(3) Any loss or damage which arises while a unit is being used primarily or substantially for nonresidential purposes;
(4) Materials, labor, or design supplied by an owner;
(5) Any damage to the extent caused or made worse by an owner or third party, including:
(a) Negligent or improper maintenance or improper operation by anyone other than the declarant or its employees, agents, or subcontractors;
(b) Failure of anyone, other than the declarant or its employees, agents, or subcontractors, to comply with the warranty requirements of the manufacturers of appliances, equipment, or fixtures;
(c) Alterations to the unit, including converting nonliving space into living space or converting a unit into two or more units, by anyone other than the declarant or its employees, agents, or subcontractors while undertaking their obligations under the sales contract; and
(d) Changes to the grading of the ground by anyone other than the declarant or its employees, agents, or subcontractors;
(6) An owner failing to take timely action to prevent or minimize loss or damage, including failing to give prompt notice to the qualified insurer of a defect or discovered loss, or a potential defect or loss;
(7) Any damage caused by insects, rodents, or other animals, unless the damage results from noncompliance with the building code by the declarant or its employees, agents, or subcontractors;
(8) Accidental loss or damage from acts of nature including, but not limited to, fire, explosion, smoke, water escape, glass breakage, windstorm, hail, lightning, falling trees, aircraft, vehicles, flood, earthquake, avalanche, landslide, and changes in the level of the underground water table which are not reasonably foreseeable by the declarant;
(9) Bodily injury or damage to personal property or real property which is not part of a unit;
(10) Any defect in, or caused by, materials or work supplied by anyone other than the declarant, an affiliate of a declarant, or their respective contractors, employees, agents, or subcontractors;
(11) Changes, alterations, or additions made to a unit by anyone after initial occupancy, except those performed by the declarant or its employees, agents, or subcontractors as required by the qualified warranty or under the construction contract or sales agreement;
(12) Contaminated soil;
(13) Subsidence of the land around a unit or along utility lines, other than subsidence beneath footings of a unit or under driveways or walkways;
(14) Diminution in the value of the unit.
[ 2004 c 201 s 701.]

catchline: Authorized exclusions—Defects.


title: RCW 64.35.420

text:
(1) A qualified insurer may establish a monetary limit on the amount of the warranty. Any limit must not be less than:
(a) For a unit, the lesser of (i) the original purchase price paid by the owner, or (ii) one hundred thousand dollars;
(b) For common elements, the lesser of (i) the total original purchase price for all components of the multiunit building, or (ii) one hundred fifty thousand dollars times the number of units of the condominium.
(2) When calculating the cost of warranty claims under the standard limits under a qualified warranty, a qualified insurer may include:
(a) The cost of repairs;
(b) The cost of any investigation, engineering, and design required for the repairs; and
(c) The cost of supervision of repairs, including professional review, but excluding legal costs.
(3) The minimum amounts in subsections (1) and (2) of this section shall be adjusted at the end of each calendar year after the effective date by an amount equal to the percentage change in the consumer price index for all urban consumers, all items, as published from time to time by the United States department of labor. The adjustment does not affect any qualified warranty issued before the adjustment date.
[ 2004 c 201 s 801.]

catchline: Limits on amounts—Calculation of costs—Adjustments.


title: RCW 64.35.425

text:
(1) A qualified insurer must not include in a qualified warranty any provision that requires an owner or the association:
(a) To sign a release before repairs are performed under the qualified warranty; or
(b) To pay a deductible in excess of five hundred dollars for the repair of any defect in a unit covered by the qualified warranty, or in excess of the lesser of five hundred dollars per unit or ten thousand dollars in the aggregate for any defect in the common elements.
(2) All exclusions must be permitted by this chapter and stated in the qualified warranty.
[ 2004 c 201 s 901.]


title: RCW 64.35.505

text:
(1) If coverage under a qualified warranty is conditional on an owner undertaking proper maintenance, or if coverage is excluded for damage caused by negligence by the owner or association with respect to maintenance or repair by the owner or association, the conditions or exclusions apply only to maintenance requirements or procedures: (a) Provided to the original owner in the case of the unit warranty, and to the association for the common element warranty with an estimation of the required cost thereof for the common element warranty provided in the budget prepared by the declarant; or (b) that would be obvious to a reasonable and prudent layperson. Recommended maintenance requirements and procedures are sufficient for purposes of this subsection if consistent with knowledge generally available in the construction industry at the time the qualified warranty is issued.
(2) If an original owner or the association has not been provided with the manufacturer's documentation or warranty information, or both, or with recommended maintenance and repair procedures for any component of a unit, the relevant exclusion does not apply. The common element warranty is included in the written warranty to be provided to the association under RCW 64.34.312.
[ 2004 c 201 s 1001.]
PDF
RCW 64.35.505
Failure to provide information—Conditions or exclusions may not apply. (Effective January 1, 2028.)
(1) If coverage under a qualified warranty is conditional on an owner undertaking proper maintenance, or if coverage is excluded for damage caused by negligence by the owner or association with respect to maintenance or repair by the owner or association, the conditions or exclusions apply only to maintenance requirements or procedures: (a) Provided to the original owner in the case of the unit warranty, and to the association for the common element warranty with an estimation of the required cost thereof for the common element warranty provided in the budget prepared by the declarant; or (b) that would be obvious to a reasonable and prudent layperson. Recommended maintenance requirements and procedures are sufficient for purposes of this subsection if consistent with knowledge generally available in the construction industry at the time the qualified warranty is issued.
(2) If an original owner or the association has not been provided with the manufacturer's documentation or warranty information, or both, or with recommended maintenance and repair procedures for any component of a unit, the relevant exclusion does not apply. The common element warranty is included in the written warranty to be provided to the association under RCW 64.90.420.
[ 2024 c 321 s 418; 2004 c 201 s 1001.]
Notes:
Effective dates—2024 c 321 ss 319 and 401-432: See note following RCW 64.90.485.

catchline: Failure to provide information—Conditions or exclusions may not apply. (Effective until January 1, 2028.)


title: RCW 64.35.510

text:
(1) A qualified insurer must, as soon as reasonably possible after the beginning date for the qualified warranty, provide an owner and association with a schedule of the expiration dates for coverages under the qualified warranty as applicable to the unit and the common elements, respectively.
(2) The expiration date schedule for a unit must set out all the required dates on an adhesive label that is a minimum size of four inches by four inches and is suitable for affixing by the owner in a conspicuous location in the unit.
[ 2004 c 201 s 1101.]

catchline: Schedule of expiration dates must be provided.


title: RCW 64.35.515

text:
(1) The qualified insurer may require an owner or association to mitigate any damage to a unit or the common elements, including damage caused by defects or water penetration, as set out in the qualified warranty.
(2) Subject to subsection (3) of this section, for defects covered by the qualified warranty, the duty to mitigate is met through timely notice in writing to the qualified insurer.
(3) The owner must take all reasonable steps to restrict damage to the unit if the defect requires immediate attention.
(4) The owner's duty to mitigate survives even if:
(a) The unit is unoccupied;
(b) The unit is occupied by someone other than the owner;
(c) Water penetration does not appear to be causing damage; or
(d) The owner advises the homeowners' association corporation about the defect.
(5) If damage to a unit is caused or made worse by the failure of an owner to take reasonable steps to mitigate as set out in this section, the damage may, at the option of the qualified insurer, be excluded from qualified warranty coverage.
[ 2004 c 201 s 1201.]

catchline: Duty to mitigate may be required.


title: RCW 64.35.520

text:
(1) Within a reasonable time after the discovery of a defect and before the expiration of the applicable qualified warranty coverage, a claimant must give to the qualified insurer and the declarant written notice in reasonable detail that provides particulars of any specific defects covered by the qualified warranty.
(2) The qualified insurer may require the notice under subsection (1) of this section to include:
(a) The qualified warranty number; and
(b) Copies of any relevant documentation and correspondence between the claimant and the declarant, to the extent any such documentation and correspondence is in the control or possession of the claimant.
[ 2004 c 201 s 1301.]

catchline: Notice of claim—Reasonable timeliness and detail—Contents.


title: RCW 64.35.525

text:
A qualified insurer must, on receipt of a notice of a claim under a qualified warranty, promptly make reasonable attempts to contact the claimant to arrange an evaluation of the claim. Claims shall be handled in accordance with the claims procedures set forth in rules by the insurance commissioner, and as follows:
(1) The qualified insurer must make all reasonable efforts to avoid delays in responding to a claim under a qualified warranty, evaluating the claim, and scheduling any required repairs.
(2) If, after evaluating a claim under a qualified warranty, the qualified insurer determines that the claim is not valid, or not covered under the qualified warranty, the qualified insurer must: (a) Notify the claimant of the decision in writing; (b) set out the reasons for the decision; and (c) set out the rights of the parties under the third-party dispute resolution process for the warranty.
(3) Repairs must be undertaken in a timely manner, with reasonable consideration given to weather conditions and the availability of materials and labor.
(4) On completing any repairs, the qualified insurer must deliver a copy of the repair specifications to the claimant along with a letter confirming the date the repairs were completed and referencing the repair warranty provided for in RCW 64.35.335.
[ 2004 c 201 s 1401.]

catchline: Handling of claim—Prompt response—Procedures.


title: RCW 64.35.605

text:
(1) If a dispute between a qualified insurer and a claimant arising under a qualified warranty cannot be resolved by informal negotiation within a reasonable time, the claimant or qualified insurer may require that the dispute be referred to mediation by delivering written notice to the other to mediate.
(2) If a party delivers a request to mediate under subsection (1) of this section, the qualified insurer and the party must attend a mediation session in relation to the dispute and may invite to participate in the mediation any other party to the dispute who may be liable.
(3) Within twenty-one days after the party has delivered a request to mediate under subsection (1) of this section, the parties must, directly or with the assistance of an independent, neutral person or organization, jointly appoint a mutually acceptable mediator.
(4) If the parties do not jointly appoint a mutually acceptable mediator within the time required by subsection (3) of this section, the party may apply to the superior court of the county where the project is located, which must appoint a mediator taking into account:
(a) The need for the mediator to be neutral and independent;
(b) The qualifications of the mediator;
(c) The mediator's fees;
(d) The mediator's availability; and
(e) Any other consideration likely to result in the selection of an impartial, competent, and effective mediator.
(5) After selecting the mediator under subsection (4) of this section, the superior court must promptly notify the parties in writing of that selection.
(6) The mediator selected by the superior court is deemed to be appointed by the parties effective the date of the notice sent under subsection (5) of this section.
(7) The first mediation session must occur within twenty-one days of the appointment of the mediator at the date, time, and place selected by the mediator.
(8) A party may attend a mediation session by representative if:
(a) The party is under a legal disability and the representative is that party's guardian ad litem;
(b) The party is not an individual; or
(c) The party is a resident of a jurisdiction other than Washington and will not be in Washington at the time of the mediation session.
(9) A representative who attends a mediation session in the place of a party as permitted by subsection (8) of this section:
(a) Must be familiar with all relevant facts on which the party, on whose behalf the representative attends, intends to rely; and
(b) Must have full authority to settle, or have immediate access to a person who has full authority to settle, on behalf of the party on whose behalf the representative attends.
(10) A party or a representative who attends the mediation session may be accompanied by counsel.
(11) Any other person may attend a mediation session on consent of all parties or their representatives.
(12) At least seven days before the first mediation session is to be held, each party must deliver to the mediator a statement briefly setting out:
(a) The facts on which the party intends to rely; and
(b) The matters in dispute.
(13) The mediator must promptly send each party's statement to each of the other parties.
(14) Before the first mediation session, the parties must enter into a retainer agreement with the mediator which must:
(a) Disclose the cost of the mediation services; and
(b) Provide that the cost of the mediation will be paid:
(i) Equally by the parties; or
(ii) On any other specified basis agreed by the parties.
(15) The mediator may conduct the mediation in any manner he or she considers appropriate to assist the parties to reach a resolution that is timely, fair, and cost-effective.
(16) A person may not disclose, or be compelled to disclose, in any proceeding, oral or written information acquired or an opinion formed, including, without limitation, any offer or admission made in anticipation of or during a mediation session.
(17) Nothing in subsection (16) of this section precludes a party from introducing into evidence in a proceeding any information or records produced in the course of the mediation that are otherwise producible or compellable in those proceedings.
(18) A mediation session is concluded when:
(a) All issues are resolved;
(b) The mediator determines that the process will not be productive and so advises the parties or their representatives; or
(c) The mediation session is completed and there is no agreement to continue.
(19) If the mediation resolves some but not all issues, the mediator may, at the request of all parties, complete a report setting out any agreements made as a result of the mediation, including, without limitation, any agreements made by the parties on any of the following:
(a) Facts;
(b) Issues; and
(c) Future procedural steps.
[ 2004 c 201 s 1501.]

catchline: Disputed claim—Notice—Mediation procedures—Duties of parties.


title: RCW 64.35.610

text:
A qualified warranty may include mandatory binding arbitration of all disputes arising out of or in connection with a qualified warranty. The provision may provide that all claims for a single condominium be heard by the same arbitrator, but shall not permit the joinder or consolidation of any other person or entity. The arbitration shall comply with the following minimum procedural standards:
(1) Any demand for arbitration shall be delivered by certified mail return receipt requested, and by ordinary first-class mail. The party initiating the arbitration shall address the notice to the address last known to the initiating party in the exercise of reasonable diligence, and also, for any entity which is required to have a registered agent in the state of Washington, to the address of the registered agent. Demand for arbitration is deemed effective three days after the date deposited in the mail;
(2) All disputes shall be heard by one qualified arbitrator, unless the parties agree to use three arbitrators. If three arbitrators are used, one shall be appointed by each of the disputing parties and the first two arbitrators shall appoint the third, who will chair the panel. The parties shall select the identity and number of the arbitrator or arbitrators after the demand for arbitration is made. If, within thirty days after the effective date of the demand for arbitration, the parties fail to agree on an arbitrator or the agreed number of arbitrators fail to be appointed, then an arbitrator or arbitrators shall be appointed under *RCW 7.04.050 by the presiding judge of the superior court of the county in which the condominium is located;
(3) In any arbitration, at least one arbitrator must be a lawyer or retired judge. Any additional arbitrator must be either a lawyer or retired judge or a person who has experience with construction and engineering standards and practices, written construction warranties, or construction dispute resolution. No person may serve as an arbitrator in any arbitration in which that person has any past or present financial or personal interest;
(4) The arbitration hearing must be conducted in a manner that permits full, fair, and expeditious presentation of the case by both parties. The arbitrator is bound by the law of Washington state. Parties may be, but are not required to be, represented by attorneys. The arbitrator may permit discovery to ensure a fair hearing, but may limit the scope or manner of discovery for good cause to avoid excessive delay and costs to the parties. The parties and the arbitrator shall use all reasonable efforts to complete the arbitration within six months of the effective date of the demand for arbitration or, when applicable, the service of the list of defects in accordance with RCW 64.50.030;
(5) Except as otherwise set forth in this section, arbitration shall be conducted under *chapter 7.04 RCW, unless the parties elect to use the construction industry arbitration rules of the American arbitration association, which are permitted to the extent not inconsistent with this section. The expenses of witnesses including expert witnesses shall be paid by the party producing the witnesses. All other expenses of arbitration shall be borne equally by the parties, unless all parties agree otherwise or unless the arbitrator awards expenses or any part thereof to any specified party or parties. The parties shall pay the fees of the arbitrator as and when specified by the arbitrator;
(6) Demand for arbitration given pursuant to subsection (1) of this section commences a judicial proceeding for purposes of RCW 64.34.452;
(7) The arbitration decision shall be in writing and must set forth findings of fact and conclusions of law that support the decision.
[ 2004 c 201 s 1601.]
Notes:
*Reviser's note: Chapter 7.04 RCW was repealed in its entirety by 2005 c 433 s 50, effective January 1, 2006.
PDF
RCW 64.35.610
Disputed claim—Notice—Arbitration procedures—Duties of parties. (Effective January 1, 2028.)
A qualified warranty may include mandatory binding arbitration of all disputes arising out of or in connection with a qualified warranty. The provision may provide that all claims for a single condominium be heard by the same arbitrator, but shall not permit the joinder or consolidation of any other person or entity. The arbitration shall comply with the following minimum procedural standards:
(1) Any demand for arbitration shall be delivered by certified mail return receipt requested, and by ordinary first-class mail. The party initiating the arbitration shall address the notice to the address last known to the initiating party in the exercise of reasonable diligence, and also, for any entity which is required to have a registered agent in the state of Washington, to the address of the registered agent. Demand for arbitration is deemed effective three days after the date deposited in the mail.
(2) All disputes shall be heard by one qualified arbitrator, unless the parties agree to use three arbitrators. If three arbitrators are used, one shall be appointed by each of the disputing parties and the first two arbitrators shall appoint the third, who will chair the panel. The parties shall select the identity and number of the arbitrator or arbitrators after the demand for arbitration is made. If, within thirty days after the effective date of the demand for arbitration, the parties fail to agree on an arbitrator or the agreed number of arbitrators fail to be appointed, then an arbitrator or arbitrators shall be appointed under *RCW 7.04.050 by the presiding judge of the superior court of the county in which the condominium is located.
(3) In any arbitration, at least one arbitrator must be a lawyer or retired judge. Any additional arbitrator must be either a lawyer or retired judge or a person who has experience with construction and engineering standards and practices, written construction warranties, or construction dispute resolution. No person may serve as an arbitrator in any arbitration in which that person has any past or present financial or personal interest.
(4) The arbitration hearing must be conducted in a manner that permits full, fair, and expeditious presentation of the case by both parties. The arbitrator is bound by the law of Washington state. Parties may be, but are not required to be, represented by attorneys. The arbitrator may permit discovery to ensure a fair hearing, but may limit the scope or manner of discovery for good cause to avoid excessive delay and costs to the parties. The parties and the arbitrator shall use all reasonable efforts to complete the arbitration within six months of the effective date of the demand for arbitration or, when applicable, the service of the list of defects in accordance with RCW 64.50.030.
(5) Except as otherwise set forth in this section, arbitration shall be conducted under *chapter 7.04 RCW, unless the parties elect to use the construction industry arbitration rules of the American arbitration association, which are permitted to the extent not inconsistent with this section. The expenses of witnesses including expert witnesses shall be paid by the party producing the witnesses. All other expenses of arbitration shall be borne equally by the parties, unless all parties agree otherwise or unless the arbitrator awards expenses or any part thereof to any specified party or parties. The parties shall pay the fees of the arbitrator as and when specified by the arbitrator.
(6) Demand for arbitration given pursuant to subsection (1) of this section commences a proceeding for purposes of RCW 64.90.680.
(7) The arbitration decision shall be in writing and must set forth findings of fact and conclusions of law that support the decision.
[ 2024 c 321 s 419; 2004 c 201 s 1601.]
Notes:
*Reviser's note: Chapter 7.04 RCW was repealed in its entirety by 2005 c 433 s 50.
Effective dates—2024 c 321 ss 319 and 401-432: See note following RCW 64.90.485.

catchline: Disputed claim—Notice—Arbitration procedures—Duties of parties. (Effective until January 1, 2028.)


title: RCW 64.36.010

text:
As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.
(1) "Advertisement" means any written, printed, audio, or visual communication which is published in whole or part to sell, offer to sell, or solicit an offer for a timeshare.
(2) "Affiliate of a promoter" means any person who controls, is controlled by, or is under the control of a promoter.
(3) "Commercial promotional programs" mean packaging or putting together advertising or promotional materials involving promises of gifts, prizes, awards, or other items of value to solicit prospective purchasers to purchase a product or commodity.
(4) "Director" means the director of licensing.
(5) "Interval" means that period of time when a timeshare owner is entitled to the possession and use of the timeshare unit.
(6) "Offer" means any inducement, solicitation, or attempt to encourage any person to acquire a timeshare.
(7) "Person" means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, or other legal or commercial entity.
(8) "Promoter" means any person directly or indirectly instrumental in organizing, wholly or in part, a timeshare offering.
(9) "Purchaser" means any person, other than a promoter, who by means of a voluntary transfer acquires a legal or equitable interest in a timeshare, other than as security for an obligation.
(10) "Sale" or "sell" includes every contract of sale of, contract to sell, or disposition of, a timeshare for value.
(11) "Timeshare" means a right to occupy a unit or any of several units during three or more separate time periods over a period of at least three years, including renewal options, whether or not coupled with an estate in land.
(12) "Timeshare expenses" means expenditures, fees, charges, or liabilities: (a) Incurred with respect to the timeshares by or on behalf of all timeshare owners in one timeshare property; and (b) imposed on the timeshare units by the entity governing a project of which the timeshare property is a part, together with any allocations to reserves but excluding purchase money payable for timeshares.
(13) "Timeshare instrument" means one or more documents, by whatever name denominated, creating or regulating timeshares.
(14) "Timeshare owner" means a person who is an owner or co-owner of a timeshare. If title to a timeshare is held in trust, "timeshare owner" means the beneficiary of the trust.
(15) "Timeshare salesperson" means any natural person who offers a timeshare unit for sale.
(16) "Unit" means the real or personal property, or portion thereof, in which the timeshare exists and which is designated for separate use.
[ 1987 c 370 s 1; 1985 c 358 s 1; 1983 1st ex.s. c 22 s 1.]

catchline: Definitions.


title: RCW 64.36.020

text:
(1) A timeshare offering registration must be effective before any advertisement, solicitation of an offer, or any offer or sale of a timeshare may be made in this state.
(2) An applicant shall apply for registration by filing with the director:
(a) A copy of the disclosure document prepared in accordance with RCW 64.36.140 and signed by the applicant;
(b) An application for registration prepared in accordance with RCW 64.36.030;
(c) An irrevocable consent to service of process signed by the applicant;
(d) The prescribed registration fee; and
(e) Any other information the director may by rule require in the protection of the public interest.
(3) The registration requirements do not apply to:
(a) An offer, sale, or transfer of not more than one timeshare in any twelve-month period;
(b) A gratuitous transfer of a timeshare;
(c) A sale under court order;
(d) A sale by a government or governmental agency;
(e) A sale by forfeiture, foreclosure, or deed in lieu of foreclosure; or
(f) A sale of a timeshare property or all timeshare units therein to any one purchaser.
(4) The director may by rule or order exempt any potential registrant from the requirements of this chapter if the director finds registration is unnecessary for the protection of the public interest.
(5)(a) Except as provided in (b) of this subsection, any person who violates this section is guilty of a gross misdemeanor.
(b) Any person who knowingly violates this section is guilty of a class C felony punishable according to chapter 9A.20 RCW.
(c) No indictment or information for a felony may be returned under this chapter more than five years after the alleged violation.
[ 2003 c 53 s 289; 1983 1st ex.s. c 22 s 2.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Registration required before advertisement, solicitation, or offer—Requirements for registration—Exemption authorized—Penalties.


title: RCW 64.36.025

text:
(1) For the purpose of this section, "timeshare interest reservation" means a revocable right to purchase an interest in a timeshare project for which construction has not yet been completed and an effective registration has been obtained under this chapter.
(2) An effective registration pursuant to this chapter is required for any party to offer to sell a timeshare interest reservation. Promoters offering a timeshare interest reservation under this section must provide the registered disclosure document required by RCW 64.36.140 to each prospective purchaser before he or she enters into a timeshare interest reservation. Prior to the signing of a purchase agreement, the subject property or properties must be completed, the timeshare offering registration required by RCW 64.36.020 must be amended to reflect any changes to the property and must be reapproved by the department, the disclosure document required by RCW 64.36.140 must be revised, and the new version of the disclosure document must be provided to the prospective purchaser.
(3) Deposits accepted by promoters on a timeshare interest reservation may be no more than twenty percent of the total purchase price of the timeshare interest that is being purchased. Within one business day after being accepted by the promoter, any deposit on a timeshare interest reservation shall be deposited in an account in a federally insured depository located in the state of Washington. This account must be an escrow account wherein the deposited funds are held for the benefit of the purchaser. The department may request that deposits be placed in impoundment under RCW 64.36.130.
(4) In addition to the cancellation rights provided in RCW 64.36.150, the purchaser has the right to cancel the purchase at any time before the signing of a purchase agreement. If the purchaser notifies the promoter that he or she wishes to cancel the timeshare interest reservation, the promoter must refund the full amount of the deposit minus any account fees within ten days of the notice.
(5) If prior to signing a purchase agreement the purchaser learns that the promoter proposes to raise the purchase price above the price agreed to in the written reservation agreement for the timeshare interest reservation, the written reservation agreement is void and all deposit moneys including account fees shall be returned to the purchaser within ten days after the purchaser learns of the proposed price increase.
(6) If the promoter charges account fees to pay for administrative costs of holding the purchaser's funds in escrow, these fees may be no more than one percent of the total deposit paid towards the timeshare interest reservation by the purchaser.
(7) The promoter shall provide instructions to the escrow company for release of the funds to be held in escrow in compliance with this section and rules of the department.
(8) The purchaser's right to cancel and the amount of the deposit proposed to be retained for account fees in the event of cancellation must be included in the contract for the sale of a timeshare interest reservation and the contract must state:
PURCHASER CANCELLATION RIGHTS
As a purchaser of a timeshare interest reservation, you have the right to cancel this timeshare interest reservation and receive a refund of all consideration paid (less only those account fee deductions which were fully disclosed at the time of the agreement) by providing written notice of the cancellation to the promoter or the promoter's agent at any time prior to signing a purchase agreement. You also have a right to cancel your purchase within seven days of signing a purchase agreement.
(9) If it appears that the timeshare project will become or does become insolvent prior to completion, the promoter shall instruct the escrow company to immediately return all deposits to purchasers of timeshare interest reservations. If funds are returned under this subsection, the promoter may not retain any portion of the deposits for account fees.
[ 2002 c 226 s 2.]

catchline: Timeshare interest reservation—Definition—Registration required—Promoter's obligations—Deposits—Escrow—Purchaser cancellation rights—Insolvency prior to completion.


title: RCW 64.36.028

text:
(1) An effective registration pursuant to this chapter is required for any party to offer to sell a timeshare interest. A promoter who offers to sell or sells revocable timeshare interests in incomplete projects or facilities is limited by and must comply with all of the requirements of RCW 64.36.025. If a promoter seeks to enter into irrevocable purchase agreements with purchasers for timeshare interests in incomplete projects or facilities, the promoter must meet the requirements in this section in addition to RCW 64.36.020 and the following limitations and conditions apply:
(a) The promoter is limited to offering or selling only fee simple deeded timeshare interests;
(b) Construction on the project must have begun by the time the irrevocable purchase agreement is signed and the purchaser must have the right to occupy the unit and use all contracted for amenities no later than within two years of the date that the irrevocable purchase agreement is signed;
(c) The promoter must establish an independent third-party escrow account for the purpose of protecting the funds or other property paid, pledged, or deposited by purchasers;
(d) The promoter's solicitations, advertisements, and promotional materials must clearly and conspicuously disclose that "THE PROJECT IS NOT YET COMPLETED; IT IS STILL UNDER CONSTRUCTION"; and
(e) The promoter's solicitations, advertisements, and promotional materials and the timeshare interest purchase agreement must clearly and conspicuously provide for and disclose the last possible estimated date for completion of construction of any building the promoter is contractually obligated to the purchaser to complete.
(2) The timeshare interest purchase agreement must contain the following language in fourteen-point boldface type: "If the building in which the timeshare interest is located and all contracted for amenities are not completed by [estimated date of completion], the purchaser has the right to void the purchase agreement and is entitled to a full, unqualified refund of all moneys paid."
(3) One hundred percent of all funds or other property that is received from or on behalf of purchasers of timeshare interests prior to the occurrence of events required in this section must be deposited pursuant to a third-party escrow agreement approved by the director. For purposes of this section, "purchasers" includes all persons solicited, offered, or who purchased a timeshare interest by a promoter within the state of Washington. An escrow agent shall maintain the account only in such a manner as to be under the direct supervision and control of the escrow agent. The escrow agent has a fiduciary duty to each purchaser to maintain the escrow accounts in accordance with good accounting practices and to release the purchaser's funds or other property from escrow only in accordance with this chapter. If the escrow agent receives conflicting demands for funds or property held in escrow, the escrow agent shall immediately notify the department of licensing of the dispute and the department shall determine if and how the funds should be distributed. If the purchaser, promoter, or escrow agent disagrees with the department's determination, the parties have the right to request an administrative hearing under chapter 34.05 RCW. Funds may be released from the escrow account to the purchaser if the purchaser cancels within the cancellation period, or to the promoter only when all three of the following conditions occur:
(a) The purchaser's cancellation period has expired;
(b) Closing has occurred; and
(c) Construction is complete and the building is ready to occupy.
(4) In lieu of depositing purchaser funds into an escrow account, the promoter may post with the department a bond in an amount equal to or greater than the amount that would otherwise be required to be placed into the escrow account.
(5) Any purchaser has the right to void the timeshare purchase agreement and request a full, unqualified refund if construction of the building in which the timeshare interest is located or all contracted for amenities are not completed within two years from the date that the irrevocable purchase agreement is signed or by the last estimated date of construction contained in the irrevocable purchase agreement, whichever is earlier.
(6) If the completed timeshare building or contracted for amenities are materially and adversely different from the building or amenities that were promised to purchasers at the time that the purchase agreements were signed, the director may declare any or all of the purchaser contracts void. Before declaring the contracts void, the director shall give the promoter the opportunity for a hearing in accordance with chapters 34.05 and 18.235 RCW.
(7) If the promoter intends to or does pledge or borrow against funds or properties, that are held in escrow or protected by a bond, to help finance in whole or in part the construction of the timeshare project or to help pay for operating costs, this must be fully, plainly, and conspicuously disclosed in all written advertising, in all written solicitations for the sale of the timeshare interests, in the registration with the director, and in the purchase agreement or contract.
(8) A promoter who obtains an effective registration for a revocable timeshare interest reservation must meet the requirements of this section in order to complete an irrevocable purchase agreement.
[ 2003 c 348 s 1.]

catchline: Timeshare interest—Incomplete projects or facilities—Promoter's obligations—Funds—Purchaser's rights.


title: RCW 64.36.030

text:
The application for registration signed by the promoter shall contain the following information on a form prescribed by the director:
(1) The following financial statements showing the financial condition of the promoter and any affiliate:
(a) A balance sheet as of a date within four months before the filing of the application for registration; and
(b) Statements of income, shareholders' equity, and material changes in financial position as of the end of the last fiscal year and for any period between the end of the last fiscal year and the date of the last balance sheet;
(2) A projected budget for the timeshare project for two years after the offering being made, including but not limited to source of revenues and expenses of construction, development, management, maintenance, advertisement, operating reserves, interest, and any other necessary reserves;
(3) A statement of the selling costs per unit and total sales costs for the project, including sales commissions, advertisement fees, and fees for promotional literature;
(4) A description of the background of the promoters for the previous ten years, including information about the business experience of the promoter and any relevant criminal convictions, civil law suits, or administrative actions related to such promotion during that period;
(5) A statement disclosing any fees in excess of the stated price per unit to be charged to the purchasers, a description of their purpose, and the method of calculation;
(6) A statement disclosing when and where the promoter or an affiliate has previously sold timeshares;
(7) A statement of any liens, defects, or encumbrances on or affecting the title to the timeshare units;
(8) Copies of all timeshare instruments; and
(9) Any additional information to describe the risks which the director considers appropriate.
[ 1983 1st ex.s. c 22 s 4.]

catchline: Application for registration—Contents.


title: RCW 64.36.035

text:
(1) Applications, consents to service of process, affidavits, and permits to market shall be signed by the promoter, unless a trustee or person with power of attorney is specifically authorized to make such signatures. If the signature of a person with a power of attorney or trustee is used, the filing of the signature shall include a copy of the authorizations for the signature. No promoter or other person responsible under this chapter shall disclaim responsibility because the signature of a trustee or attorney-in-fact, or other substitute was used.
(2) If the promoter is a corporation or a general partnership, each natural person therein, with a ten percent or greater interest or share in the promoter, shall, in addition to the promoter, be required to sign as required in this section, but may authorize a trustee or a person with power of attorney to make the signatures.
(3) All persons required to use or authorizing the use of their signatures in this section, individually or otherwise, shall be responsible for affidavits, applications, and permits signed, and for compliance with the provisions of this chapter. Individuals whose signatures are required under this section shall not disclaim their responsibilities because of any corporate shield.
[ 1987 c 370 s 2.]

catchline: Applications for registration, consents to service, affidavits, and permits to market—Authorized signatures required—Corporate shield disclaimer prohibited.


title: RCW 64.36.040

text:
If no stop order is in effect and no proceeding is pending under RCW 64.36.100, a complete registration application becomes effective at 3:00 p.m. Pacific Standard Time on the afternoon of the thirtieth calendar day after the filing of the application or the last amendment or at such earlier time as the director determines.
[ 2002 c 86 s 297; 1983 1st ex.s. c 22 s 5.]
Notes:
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.

catchline: Application for registration—When effective.


title: RCW 64.36.050

text:
(1) A timeshare offering is registered for a period of one year from the effective date of registration unless the director specifies a different period.
(2) Registration of a timeshare offering may be renewed for additional periods of one year each, unless the director by rule specifies a different period, by filing a renewal application with the director no later than thirty days before the expiration of the period in subsection (1) of this section and paying the prescribed fees. A renewal application shall contain any information the director requires to indicate any material changes in the information contained in the original application.
(3) If a material change in the condition of the promoter, the promoter's affiliates, the timeshare project, or the operation or management of the timeshare project occurs during any year, an amendment to the documents filed under RCW 64.36.030 shall be filed, along with the prescribed fees, as soon as reasonably possible and before any further sales occur.
(4) The promoter shall keep the information in the written disclosures reasonably current at all times by amending the registration. If the promoter fails to amend and keep current the written disclosures or the registrations in instances of material change, the director may require compliance under RCW 64.36.100 and assess penalties.
[ 1987 c 370 s 3; 1983 1st ex.s. c 22 s 6.]

catchline: Timeshare offering—Duration of registration—Renewal—Amendment—Penalties.


title: RCW 64.36.060

text:
(1) In lieu of the documents required to be filed under RCW 64.36.030, the director may by rule accept:
(a) Any disclosure document filed with agencies of the United States or any other state;
(b) Any disclosure document compiled in accordance with any rule of any agency of the United States or any other state; or
(c) Any documents submitted pursuant to registration of a timeshare offering under *chapter 58.19 RCW before August 1, 1983.
(2) The director may by rule waive disclosure of information which the director considers unnecessary for the protection of timeshare purchasers.
(3) The director may by rule require the provision of any other information the director considers necessary to protect timeshare purchasers.
[ 1983 1st ex.s. c 22 s 7.]
Notes:
*Reviser's note: Chapter 58.19 RCW was repealed in its entirety by 2024 c 321 s 504, effective January 1, 2028.

catchline: Application for registration—Acceptance of disclosure documents—Waiver of information—Additional information.


title: RCW 64.36.070

text:
Any individual offering timeshare units or timeshare interest reservations for the individual's own account or for the account of others shall be registered as a timeshare salesperson unless the timeshare offering is exempt from registration under RCW 64.36.020. Registration may be obtained by filing an application with the department of licensing on a form prescribed by the director. The director may require that the applicant demonstrate sufficient knowledge of the timeshare industry and this chapter. A timeshare salesperson who is licensed as a real estate broker or salesperson under chapter 18.85 RCW is exempt from the registration requirement of this section.
[ 2002 c 226 s 1; 1983 1st ex.s. c 22 s 8.]

catchline: Registration as timeshare salesperson required—Exemption.


title: RCW 64.36.081

text:
(1) Applicants or registrants under this chapter shall pay fees determined by the director as provided in RCW 43.24.086. These fees shall be prepaid and the director may establish fees for the following:
(a) Processing an original application for registration of a timeshare offering, along with an additional fee for each interval registered or in the timeshare program;
(b) Processing consolidations or adding additional inventory into the program;
(c) Reviewing and granting exemptions;
(d) Processing annual or periodic renewals;
(e) Initially and annually processing and administering any required impound, trust, or escrow arrangement;
(f) The review of advertising or promotional materials;
(g) Registering persons in the business of selling promotional programs for use in timeshare offerings or sales presentations;
(h) Registrations and renewal of registrations of salespersons;
(i) The transfer of salespersons' permits to other promoters;
(j) Administering and processing examinations for salespersons;
(k) Conducting site inspections of registered projects and projects for which registration is pending.
(2) The director may establish penalties for registrants in any situation where a registrant has failed to file an amendment to the registration or the disclosure document in a timely manner for material changes, as required in this chapter and rules adopted under this chapter.
[ 1987 c 370 s 4.]

catchline: Fees.


title: RCW 64.36.085

text:
(1) The director may require inspections of projects registered under this chapter and promoters and their agents shall cooperate by permitting staff of the department to conduct the inspections.
(2) The director may perform "spot checks" or inspections of sales offices, during tours or sales presentations or normal business hours, for purposes of enforcing this chapter and determining compliance by the operator and salespersons in the sales, advertising, and promotional activities regulated under this chapter. These inspections or spot checks may be conducted during or at the time of sales presentations or during the hours during which sales are ordinarily scheduled.
(3) The department employee making the inspections shall show identification upon request. It is a violation of this chapter for the operator or its sales representatives to refuse an inspection or refuse to cooperate with employees of the department conducting the inspection.
[ 1987 c 370 s 5.]

catchline: Inspections of projects—Identification of inspectors.


title: RCW 64.36.090

text:
The director may take disciplinary action against a timeshare salesperson's registration or application for registration or a salesperson's license under chapter 18.85 RCW who is selling under this chapter, if the director finds that the applicant or registrant has committed unprofessional conduct as described in RCW 18.235.130. In addition, the director may take disciplinary action if the applicant or registrant:
(1) Has filed an application for registration as a timeshare salesperson or as a licensee under chapter 18.85 RCW which, as of its effective date, is incomplete in any material respect;
(2) Has violated or failed to comply with any provision of this chapter or a predecessor act or any rule or order issued under this chapter or a predecessor act;
(3) Is permanently or temporarily enjoined by any court or administrative order from engaging in or continuing any conduct or practice involving any aspect of the timeshare business;
(4) Has engaged in dishonest or unethical practices in the timeshare, real estate, or camp resort business;
(5) Is insolvent either in the sense that the individual's liabilities exceed his or her assets or in the sense that the individual cannot meet his or her obligations as they mature; or
(6) Has not complied with any condition imposed by the director or is not qualified on the basis of such factors as training, experience, or knowledge of the timeshare business or this chapter.
[ 2002 c 86 s 298; 1987 c 370 s 9; 1983 1st ex.s. c 22 s 9.]
Notes:
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.

catchline: Disciplinary action against a timeshare salesperson's application, registration, or license—Unprofessional conduct.


title: RCW 64.36.100

text:
The director may deny or take disciplinary action against any timeshare application or registration if the director finds that the applicant or registrant has engaged in unprofessional conduct as described in RCW 18.235.130. In addition, the director may deny or take disciplinary action based on the following conduct, acts, or conditions:
(1) The application, written disclosure, or registration is incomplete;
(2) The activities of the promoter include, or would include, activities which are unlawful or in violation of a law, rule, or ordinance in this state or another jurisdiction;
(3) The timeshare offering has worked or tended to work a fraud on purchasers, or would likely be adverse to the interests or the economic or physical welfare of purchasers;
(4) The protections and security arrangements to ensure future quiet enjoyment required under RCW 64.36.130 have not been provided as required by the director for the protection of purchasers; or
(5) The operating budget proposed by the promoter or promoter-controlled association appears inadequate to meet operating costs or funding of reserve accounts or fees for a consultant to determine adequacy have not been paid by the promoter.
[ 2002 c 86 s 299; 1987 c 370 s 10; 1983 1st ex.s. c 22 s 10.]
Notes:
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.

catchline: Disciplinary action—Unprofessional conduct—Other conduct, acts, or conditions.


title: RCW 64.36.110

text:
A promoter shall not sell, lease, assign, or otherwise transfer the promoter's interest in the timeshare program unless the transferee agrees in writing to honor the timeshare purchaser's right to use and occupy the timeshare unit, honor the purchaser's right to cancel, and comply with this chapter. In the event of a transfer, each timeshare purchaser whose contract may be affected shall be given written notice of the transfer when the transfer is made.
[ 1983 1st ex.s. c 22 s 11.]

catchline: Requirements of transfer of promoter's interest—Notice to purchaser.


title: RCW 64.36.120

text:
(1) The parties to a timeshare agreement shall deal with each other in good faith.
(2) A timeshare promoter shall not require any timeshare purchaser to agree to a release, assignment, novation, waiver, or any other provision which relieves any person from a duty imposed by this chapter.
(3) Any provision in a timeshare contract or agreement which designates jurisdiction or venue in a forum outside this state is void with respect to any cause of action which is enforceable in this state.
[ 1983 1st ex.s. c 22 s 12.]

catchline: Good faith required—Provision relieving person from duty prohibited—Out-of-state jurisdiction or venue designation void.


title: RCW 64.36.130

text:
(1) The director may by rule require as a condition of registration under this chapter that the proceeds from the sale of the timeshares be impounded until the promoter receives an amount established by the director. The director may by rule determine the conditions of any impoundment required under this section, including the release of moneys for promotional purposes.
(2) The director, in lieu of or in addition to requiring impoundment under subsection (1) of this section, may require that the registrant establish trusts, escrows, or any other similar arrangement that assures the timeshare purchaser quiet enjoyment of the timeshare unit.
(3) Impounding will not be required for those timeshare offerors who are able to convey fee simple title, along with title insurance: PROVIDED, That no other facilities are promised in the offering.
[ 1983 1st ex.s. c 22 s 13.]

catchline: Impoundment of proceeds from sales authorized—Establishment of trusts, escrows, etc.


title: RCW 64.36.140

text:
Any person who offers or sells a timeshare shall provide the prospective purchaser a written disclosure document before the prospective purchaser signs an agreement for the purchase of a timeshare. The timeshare salesperson shall date and sign the disclosure document. The disclosure document shall include:
(1) The official name and address of the promoter, its parent or affiliates, and the names and addresses of the director and officers of each;
(2) The location of the timeshare property;
(3) A general description of the timeshare property and the timeshare units;
(4) A list of all units offered by the promoter in the same project including:
(a) The types, prices, and number of units;
(b) Identification and location of units;
(c) The types and durations of the timeshares;
(d) The maximum number of units that may become part of the timeshare property; and
(e) A statement of the maximum number of timeshares that may be created or a statement that there is no maximum.
(5) A description of any financing offered by the promoter;
(6) A statement of ownership of all properties included in the timeshare offering including any liens or encumbrances affecting the property;
(7) Copies of any agreements or leases to be signed by timeshare purchasers at closing and a copy of the timeshare instrument;
(8) The identity of the managing entity and the manner, if any, whereby the promoter may change the managing entity;
(9) A description of the selling costs both per unit and for the total project at the time the sale is made;
(10) A statement disclosing when and where the promoter or its affiliate has previously sold timeshares;
(11) A description of the nature and purpose of all charges, dues, maintenance fees, and other expenses that may be assessed, including:
(a) The current amounts assessed;
(b) The method and formula for changes; and
(c) The formula for payment of charges if all timeshares are not sold and a statement of who pays additional costs;
(12) Any services which the promoter provides or expenses the promoter pays which the promoter expects may become a timeshare expense at any subsequent time;
(13) A statement in boldface type on the cover page of the disclosure document and the cover page of the timeshare purchase agreement that within seven days after receipt of a disclosure document or the signing of the timeshare purchase agreement, whichever is later, a purchaser may cancel any agreement for the purchase of a timeshare from a promoter or a timeshare salesperson and that the cancellation must be in writing and be either hand delivered or mailed to the promoter or the promoter's agent;
(14) Any restraints on transfer of a timeshare or portion thereof;
(15) A description of the insurance coverage provided for the benefit of timeshare owners;
(16) A full and accurate disclosure of whether the timeshare owners are to be permitted or required to become members of or participate in any program for the exchange of property rights among themselves or with the timeshare owners of other timeshare units, or both, and a complete description of the program; and
(17) Any additional information the director finds necessary to fully inform prospective timeshare purchasers, including but not limited to information required by RCW 64.36.030.
[ 1983 1st ex.s. c 22 s 3.]

catchline: Disclosure document—Contents.


title: RCW 64.36.150

text:
The promoter or any person offering timeshare interest shall provide a prospective purchaser with a copy of the disclosure document described in RCW 64.36.140 before the execution of any agreement for the purchase of a timeshare. A purchaser may, for seven days following execution of an agreement to purchase a timeshare, cancel the agreement and receive a refund of any consideration paid by providing written notice of the cancellation to the promoter or the promoter's agent either by mail or hand delivery. If the purchaser does not receive the disclosure document, the agreement is voidable by the purchaser until the purchaser receives the document and for seven days thereafter.
[ 1983 1st ex.s. c 22 s 14.]

catchline: Disclosure document to prospective purchasers—Cancellation and refund—Voidable agreement.


title: RCW 64.36.160

text:
No provision of this chapter imposing any liability applies to any act or omission in good faith in conformity with any rule, form, or order of the director, notwithstanding that the rule, form, or order may later be amended or rescinded or determined by judicial or other authority to be invalid for any reason.
[ 1983 1st ex.s. c 22 s 15.]

catchline: Application of liability provisions.


title: RCW 64.36.170

text:
Any failure to comply with this chapter constitutes an unfair and deceptive trade practice under chapter 19.86 RCW.
[ 1983 1st ex.s. c 22 s 16.]

catchline: Noncompliance—Unfair practice under chapter 19.86 RCW.


title: RCW 64.36.185

text:
(1) If it appears that the operating budget of a project fails to adequately provide for funding of reserve accounts, the director may employ outside professionals or consultants to provide advice or to develop an alternative budget. The promoter shall pay or reimburse the department for the costs incurred for such professional opinions.
(2) Before employing consultants under this section, the director shall provide the applicant with written notice and an opportunity for a hearing under chapter 34.05 RCW.
[ 1987 c 370 s 6.]

catchline: Director's powers—Employment of outside persons for advice on project operating budget—Reimbursement by promoter—Notice and hearing.


title: RCW 64.36.195

text:
The director or persons to whom the director delegates such powers may enter into assurances of discontinuance in lieu of issuing a statement of charges or a cease and desist order or conducting a hearing under this chapter. The assurances shall consist of a statement of the law in question and an agreement to not violate the stated provision. The applicant or registrant shall not be required to admit to any violation of the law, nor shall the assurance be construed as such an admission. Violation or breaching of an assurance under this section shall constitute unprofessional conduct for which disciplinary action may be taken under RCW 18.235.110 and 18.235.130.
[ 2002 c 86 s 300; 1987 c 370 s 7.]
Notes:
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.

catchline: Assurances of discontinuance—Violation of assurance constitutes unprofessional conduct.


title: RCW 64.36.200

text:
(1) The director may order any person to cease and desist from an act or practice if it appears that the person is violating or is about to violate any provision of this chapter or any rule or order issued under this chapter.
(2) Upon the entry of the temporary order to cease and desist, the director shall promptly notify the recipient of the order that it has been entered and the reasons therefor and that if requested in writing by such person within fifteen days after service of the director's notification, the matter will be scheduled for hearing which shall be held within a reasonable time and in accordance with chapter 34.05 RCW. The temporary order shall remain in effect until ten days after the hearing is held.
(3) If a person does not request a hearing, the order shall become final.
(4) Unlicensed timeshare activity is subject to RCW 18.235.150.
[ 2002 c 86 s 301; 1983 1st ex.s. c 22 s 19.]
Notes:
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.

catchline: Cease and desist order—Notification—Hearing.


title: RCW 64.36.210

text:
(1) It is unlawful for any person in connection with the offer, sale, or lease of any timeshare in the state:
(a) To make any untrue or misleading statement of a material fact, or to omit a material fact;
(b) To employ any device, scheme, or artifice to defraud;
(c) To engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person;
(d) To file, or cause to be filed, with the director any document which contains any untrue or misleading information; or
(e) To violate any rule or order of the director.
(2)(a) Any person who knowingly violates this section is guilty of a class C felony punishable according to chapter 9A.20 RCW.
(b) No indictment or information for a felony may be returned under this chapter more than five years after the alleged violation.
[ 2003 c 53 s 290; 1983 1st ex.s. c 22 s 20.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Unlawful acts—Penalties.


title: RCW 64.36.220

text:
(1) The attorney general, in the name of the state or the director, may bring an action to enjoin any person from violating any provision of this chapter. Upon a proper showing, the superior court shall grant a permanent or temporary injunction, restraining order, or writ of mandamus. The court may make any additional orders or judgments which may be necessary to restore to any person any interest in any money or property, real or personal, which may have been acquired by means of any act prohibited or declared to be unlawful under this chapter. The prevailing party may recover costs of the action, including a reasonable attorney's fee.
(2) The superior court issuing an injunction shall retain jurisdiction. Any person who violates the terms of an injunction shall pay a civil penalty of not more than twenty-five thousand dollars.
(3) The attorney general, in the name of the state or the director, may apply to the superior court to appoint a receiver or conservator for any person, or the assets of any person, who is subject to a cease and desist order, permanent or temporary injunction, restraining order, or writ of mandamus.
(4) Proceedings for injunctions for unlicensed timeshare activity must be conducted under the provisions of RCW 18.235.150.
[ 2002 c 86 s 302; 1983 1st ex.s. c 22 s 21.]
Notes:
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.

catchline: Injunction, restraining order, writ of mandamus—Costs and attorney's fees—Penalties—Appointment of receiver or conservator.


title: RCW 64.36.225

text:
A registrant or applicant against whom an administrative or legal proceeding authorized under this chapter has been filed, shall be liable for and reimburse to the state of Washington by payment into the business and professions account created in RCW 43.24.150, all administrative and legal costs, including attorneys' fees, incurred by the department in issuing and conducting administrative or legal proceedings that result in a final legal or administrative determination of any type or degree, in favor of the department or the state of Washington.
[ 2005 c 25 s 4; 1987 c 370 s 8.]
Notes:
Effective date—2005 c 25: See note following RCW 43.24.150.

catchline: Liability of registrant or applicant for costs of proceedings.


title: RCW 64.36.240

text:
Any person who offers, sells, or materially aids in such offer or sale of a timeshare in violation of this chapter is liable to the person buying the timeshare who may sue either at law or in equity to recover the consideration paid for the timeshare, together with interest at ten percent per annum from date of payment and costs upon the tender of the timeshare, or for damages if the person no longer owns the timeshare.
[ 1983 1st ex.s. c 22 s 23.]

catchline: Liability for violation of chapter.