title: RCW 64.90.360

text:
(1) Except as provided otherwise in this section, RCW 64.90.365 and 64.90.375, this chapter applies to all common interest communities.
(2) Before January 1, 2028, this chapter applies only to:
(a) A common interest community created on or after July 1, 2018; and
(b) A common interest community created before July 1, 2018, that amends its declaration to elect to be subject to this chapter.
(3) *Chapters 58.19, 64.32, 64.34, and 64.38 RCW:
(a) Do not apply to common interest communities subject to this chapter; and
(b) Apply to a common interest community created before July 1, 2018, only until the community becomes subject to this chapter.
(4)(a) Unless the declaration provides that this entire chapter is applicable, a plat community or miscellaneous community that is not subject to any development right is subject only to:
(i) RCW 64.90.010, 64.90.015, 64.90.020, 64.90.025, 64.90.030, 64.90.035, 64.90.040, 64.90.045, 64.90.050, 64.90.055, 64.90.060, 64.90.065, 64.90.070, 64.90.085, ** 64.90.090, 64.90.100, 64.90.105, 64.90.110, 64.90.115, 64.90.210, 64.90.225, 64.90.230, 64.90.235, 64.90.240, 64.90.245, 64.90.255, 64.90.260, 64.90.265, 64.90.280, 64.90.285, 64.90.290, 64.90.300, 64.90.340, 64.90.350, 64.90.360, 64.90.400, 64.90.405, 64.90.410, 64.90.415, 64.90.420, 64.90.435, 64.90.445, 64.90.450, 64.90.455, 64.90.465, 64.90.480, 64.90.485, 64.90.490, 64.90.495, 64.90.502, 64.90.505, 64.90.510, 64.90.511, 64.90.5111, 64.90.512, 64.90.513, 64.90.515, 64.90.518, 64.90.520, 64.90.525, 64.90.530, 64.90.535, 64.90.540, 64.90.545, 64.90.550, 64.90.555, 64.90.560, 64.90.565, 64.90.570, 64.90.575, 64.90.580, 64.90.585, 64.90.640, and 64.90.685, if the community:
(A) Contains no more than 50 units; and
(B) Provides in its declaration that the annual average assessment of all units restricted to residential purposes, exclusive of optional user fees, may not exceed $1,000, as adjusted pursuant to RCW 64.90.065; or
(ii) RCW 64.90.020, 64.90.025, and 64.90.030, if the community:
(A) Consists of no more than six units that are all middle housing as defined under RCW 36.70A.030; and
(B) Provides in its declaration that the annual average assessment of all units restricted to middle housing residential purposes, exclusive of optional user fees, may not exceed $1,000, as adjusted pursuant to RCW 64.90.065.
(b) The exemptions provided in this subsection apply only if:
(i) The declaration provides that the assessment may not be increased above the limitation in (a)(i)(B) or (a)(ii)(B) of this subsection prior to the transition meeting without the consent of unit owners, other than the declarant, holding 90 percent of the votes in the association, and the declarant reasonably believes in good faith that the maximum stated assessment will be sufficient to pay the expenses of the association in perpetuity; or
(ii) The declaration has been amended to provide that the assessment may not be increased above the limitation in (a)(i)(B) or (a)(ii)(B) of this subsection, and the unit owners voting to approve the amendment reasonably believe in good faith that the maximum stated assessment will be sufficient to pay the expenses of the association in perpetuity.
(5) Before January 1, 2028, except as otherwise provided in RCW 64.90.365, this chapter does not apply to any common interest community created within this state on or after July 1, 2018, if:
(a) That common interest community is made part of a common interest community created in this state prior to July 1, 2018, pursuant to a right expressly set forth in the declaration of the preexisting common interest community; and
(b) The declaration creating that common interest community expressly subjects that common interest community to the declaration of the preexisting common interest community pursuant to such right described in (a) of this subsection.
[ 2026 c 96 s 4; 2025 c 119 s 10; 2024 c 321 s 506; 2019 c 238 s 203; 2018 c 277 s 116. Formerly RCW 64.90.075.]
Notes:
Reviser's note: *(1) Chapters 58.19, 64.32, 64.34, and 64.38 RCW were repealed by 2024 c 321, effective January 1, 2028.
**(2) RCW 64.90.090 was repealed by 2024 c 321 s 505, effective January 1, 2028.

catchline: Common interest communities.


doc_type: statute

jurisdiction: wa

title: RCW 64.90.365

text:
(1) Except for a plat community or miscellaneous community described in RCW 64.90.360(4) and a nonresidential or mixed-use common interest community described in RCW 64.90.100, the following sections apply to a common interest community created before July 1, 2018, and any inconsistent provisions of *chapter 58.19, 64.32, 64.34, or 64.38 RCW do not apply:
(a) RCW 64.90.370;
(b) RCW 64.90.405(1) (b) and (c);
(c) RCW 64.90.445;
(d) RCW 64.90.480(10);
(e) RCW 64.90.502;
(f) RCW 64.90.513;
(g) RCW 64.90.525;
(h) RCW 64.90.545;
(i) RCW 64.90.580; and
(j) RCW 64.90.010, to the extent necessary to construe this subsection.
(2) Except to the extent provided in this subsection, the sections listed in subsection (1) of this section apply only to events and circumstances occurring on or after July 1, 2018, and do not invalidate existing provisions of the governing documents of those common interest communities existing on July 1, 2018. To protect the public interest, RCW 64.90.370 and 64.90.525 supersede existing provisions of the governing documents of all plat communities and miscellaneous communities previously subject to *chapter 64.38 RCW.
(3) This section does not apply to a common interest community that becomes subject to this chapter under RCW 64.90.360(1) or by election under RCW 64.90.360(4), 64.90.370(1)(b), or 64.90.100.
[ 2025 c 119 s 11; 2024 c 321 s 508; 2019 c 238 s 204; 2018 c 277 s 117. Formerly RCW 64.90.080.]
Notes:
*Reviser's note: Chapters 58.19, 64.32, 64.34, and 64.38 RCW were repealed by 2024 c 321, effective January 1, 2028.
Effective date—2025 c 119 ss 2-4, 11, 19, 21, 25, and 34: See note following RCW 64.32.260.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Common interest communities—Exceptions.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 64.90.370

text:
(1) The declaration of any common interest community created before July 1, 2018, or of a plat community or miscellaneous community described in RCW 64.90.360(4) may be amended to:
(a) Provide that all the sections listed in RCW 64.90.365(1) apply to the common interest community; or
(b) Provide that this chapter will apply to the common interest community, regardless of what applicable law provided before chapter 277, Laws of 2018 was adopted.
(2) Except as provided otherwise in subsection (3) of this section or in RCW 64.90.285 (8), (9), or (10), an amendment under this section to the governing documents of a common interest community created before July 1, 2018, must be adopted in conformity with any procedures and requirements for amending the instruments specified by those instruments and in conformity with the amendment procedures of this chapter. If the governing documents do not contain provisions authorizing amendment, the amendment procedures of this chapter apply. If an amendment grants to a person a right, power, or privilege permitted under this chapter, any correlative obligation, liability, or restriction in this chapter also applies to the person.
(3) Notwithstanding any provision in the governing documents of a common interest community that govern the procedures and requirements for amending the governing documents, an amendment under subsection (1) of this section may be made as follows:
(a) The board shall propose such amendment to the owners if the board deems it appropriate or if owners holding 20 percent or more of the votes in the association request such an amendment in writing to the board;
(b) Upon satisfaction of the foregoing requirements, the board shall prepare a proposed amendment and shall provide the owners with a notice in a record containing the proposed amendment and at least 30 days' advance notice of a meeting to discuss the proposed amendment;
(c) Following such meeting, the board shall provide the owners with a notice in a record containing the proposed amendment and a ballot to approve or reject the amendment;
(d) The amendment shall be deemed approved if owners holding at least 30 percent of the votes in the association participate in the voting process, and at least 67 percent of the votes cast by participating owners are in favor of the proposed amendment.
[ 2024 c 321 s 509; 2018 c 277 s 120. Formerly RCW 64.90.095.]

catchline: Election of preexisting common interest communities, plat communities, miscellaneous communities.


title: RCW 64.90.375

text:
(1) Except as provided in subsection (2) of this section, if a common interest community created before July 1, 2018, becomes subject to this chapter on January 1, 2028, or earlier, a provision of its governing documents inconsistent with this chapter is invalid unless:
(a) The provision is expressly permitted under *RCW 64.90.509; or
(b) The common interest community is a plat community or miscellaneous community described in RCW 64.90.360(4), or a nonresidential or mixed-use common interest community described in RCW 64.90.100.
(2) This chapter does not require a common interest community validly created before July 1, 2018, to:
(a) Comply with the requirements of this chapter for creation of a common interest community; or
(b) Prepare or amend the map.
(3) This chapter does not invalidate an action validly taken or transaction validly entered into before a common interest community becomes subject to this chapter.
[ 2024 c 321 s 507.]
Notes:
*Reviser's note: RCW 64.90.509 was repealed by 2025 c 119 s 33.

catchline: Governing documents—Inconsistency.


title: RCW 64.90.400

text:
(1) A unit owners association must be organized no later than the date the first unit in the common interest community is conveyed to a purchaser.
(2) The membership of the association at all times consists exclusively of all unit owners or, following termination of the common interest community, of all former unit owners entitled to distributions of proceeds under RCW 64.90.290 or their heirs, successors, or assigns.
(3) The association must have a board and be organized as a for-profit or nonprofit corporation or limited liability company.
(4) In case of any conflict between Title 23B RCW or chapter 23.86, 24.03A, 24.06, or 25.15 RCW and this chapter, this chapter controls.
[ 2021 c 176 s 5233; 2018 c 277 s 301.]
Notes:
Effective date—2021 c 176: See note following RCW 24.03A.005.

catchline: Unit owners association—Organization.


title: RCW 64.90.405

text:
(1) An association must:
(a) Adopt organizational documents;
(b) Adopt budgets as provided in RCW 64.90.525;
(c) Impose assessments for common expenses on the unit owners as provided in RCW 64.90.480(1) and 64.90.525;
(d) Prepare financial statements as provided in RCW 64.90.530; and
(e) Deposit and maintain the funds of the association in accounts as provided in RCW 64.90.530.
(2) Except as provided otherwise in subsection (4) of this section and subject to the provisions of the declaration, the association may:
(a) Amend organizational documents and adopt and amend rules;
(b) Amend budgets under RCW 64.90.525;
(c) Hire and discharge managing agents and other employees, agents, and independent contractors;
(d) Institute, defend, or intervene in litigation or in arbitration, mediation, or administrative proceedings or any other legal proceeding in its own name on behalf of itself or two or more unit owners on matters affecting the common interest community;
(e) Make contracts and incur liabilities subject to subsection (4) of this section;
(f) Regulate the use, maintenance, repair, replacement, and modification of common elements;
(g) Cause additional improvements to be made as a part of the common elements;
(h) Acquire, hold, encumber, and convey in its own name any right, title, or interest to real estate or personal property, but:
(i) Common elements in a condominium, plat community, or miscellaneous community may be conveyed or subjected to a security interest pursuant to RCW 64.90.465 only; and
(ii) Part of a cooperative may be conveyed, or all or part of a cooperative may be subjected to a security interest pursuant to RCW 64.90.465 only;
(i) Grant easements, leases, and licenses through or over the common elements, but a grant to a unit owner that benefits the unit owner's unit is allowed only by reallocation under RCW 64.90.240(3) of the common elements to a limited common element, and petition for or consent to the vacation of streets and alleys. Notwithstanding the foregoing, a reallocation shall not be required in regard to the installation of an electric vehicle charging station on the common elements;
(j) Impose and collect any reasonable payments, fees, or charges for:
(i) The use, rental, or operation of the common elements, other than limited common elements described in RCW 64.90.210 (1)(b) and (3);
(ii) Services provided to unit owners; and
(iii) Moving in, moving out, or transferring title to units to the extent provided for in the declaration;
(k) Collect assessments and impose and collect reasonable charges for late payment of assessments;
(l) Enforce the governing documents and, after notice and opportunity to be heard, impose and collect reasonable fines for violations of the governing documents in accordance with a previously established schedule of fines adopted by the board of directors and furnished to the owners pursuant to the requirements for notice in RCW 64.90.505;
(m) Impose and collect reasonable charges for the preparation and recordation of amendments to the declaration, resale certificates required under RCW 64.90.640, lender questionnaires, or statements of unpaid assessments;
(n) Provide for the indemnification of its officers and board members, to the extent provided in RCW 23B.17.030;
(o) Maintain directors' and officers' liability insurance;
(p) Subject to subsection (4) of this section, assign its right to future income, including the right to receive assessments;
(q) Join in a petition for the establishment of a parking and business improvement area, participate in the ratepayers' board or other advisory body set up by the legislative authority for operation of a parking and business improvement area, and pay special assessments levied by the legislative authority on a parking and business improvement area encompassing the condominium property for activities and projects that benefit the condominium directly or indirectly;
(r) Establish and administer a reserve account as described in RCW 64.90.535;
(s) Prepare a reserve study as described in RCW 64.90.545;
(t) Exercise any other powers conferred by the declaration or organizational documents;
(u) Exercise all other powers that may be exercised in this state by the same type of entity as the association;
(v) Exercise any other powers necessary and proper for the governance and operation of the association;
(w) Require that disputes between the association and unit owners or between two or more unit owners regarding the common interest community, other than those governed by chapter 64.50 RCW, be submitted to nonbinding alternative dispute resolution as a prerequisite to commencement of a judicial proceeding; and
(x) Suspend any right or privilege of a unit owner who fails to pay an assessment which suspension may be imposed for a reasonable amount of time not to exceed one business day after the association receives full payment of the delinquent assessment and the board has received confirmation of payment and cleared funds, but may not:
(i) Deny a unit owner or other occupant access to the owner's unit, or any limited common elements allocated only to that unit, or any common elements necessary to access the unit;
(ii) Suspend a unit owner's right to vote; or
(iii) Withhold services provided to a unit or a unit owner by the association if the effect of withholding the service would be to endanger the health, safety, or property of any person.
(3) The declaration may not limit the power of the association beyond the limit authorized in subsection (2)(w) of this section to:
(a) Deal with the declarant if the limit is more restrictive than the limit imposed on the power of the association to deal with other persons; or
(b) Institute litigation or an arbitration, mediation, or administrative proceeding against any person, subject to the following:
(i) The association must comply with chapter 64.50 RCW, if applicable, before instituting any proceeding described in chapter 64.50 RCW in connection with construction defects; and
(ii) The board must promptly provide notice to the unit owners of any legal proceeding in which the association is a party other than proceedings involving enforcement of rules or to recover unpaid assessments or other sums due the association.
(4) Any borrowing by an association that is to be secured by an assignment of the association's right to receive future income pursuant to subsection (2)(e) and (p) of this section requires ratification by the unit owners as provided in this subsection.
(a) The board must provide notice of the intent to borrow to all unit owners. The notice must include the purpose and maximum amount of the loan, the estimated amount and term of any assessments required to repay the loan, a reasonably detailed projection of how the money will be expended, and the interest rate and term of the loan.
(b) In the notice, the board must set a date for a meeting of the unit owners, which must not be less than 14 and no more than 50 days after mailing of the notice, to consider ratification of the borrowing.
(c) Unless at that meeting, whether or not a quorum is present, unit owners holding a majority of the votes in the association or any larger percentage specified in the declaration reject the proposal to borrow funds, the association may proceed to borrow the funds in substantial accordance with the terms contained in the notice.
(5) If a tenant of a unit owner violates the governing documents, in addition to exercising any of its powers against the unit owner, the association may:
(a) Exercise directly against the tenant the powers described in subsection (2)(l) of this section;
(b) After giving notice to the tenant and the unit owner and an opportunity to be heard, levy reasonable fines against the tenant and unit owner for the violation; and
(c) Enforce any other rights against the tenant for the violation that the unit owner as the landlord could lawfully have exercised under the lease or that the association could lawfully have exercised directly against the unit owner, or both; but the association does not have the right to terminate a lease or evict a tenant unless permitted by the declaration. The rights referred to in this subsection (5)(c) may be exercised only if the tenant or unit owner fails to cure the violation within 10 days after the association notifies the tenant and unit owner of that violation.
(6) Unless a lease otherwise provides, this section does not:
(a) Affect rights that the unit owner has to enforce the lease or that the association has under other law; or
(b) Permit the association to enforce a lease to which it is not a party in the absence of a violation of the governing documents.
(7) The board may determine whether to take enforcement action by exercising the association's power to impose sanctions or commencing an action for a violation of the governing documents, including whether to compromise any claim for unpaid assessments or other claim made by or against it.
(8) The board does not have a duty to take enforcement action if it determines that, under the facts and circumstances presented:
(a) The association's legal position does not justify taking any or further enforcement action;
(b) The covenant, restriction, or rule being enforced is, or is likely to be construed as, inconsistent with law;
(c) Although a violation may exist or may have occurred, it is not so material as to be objectionable to a reasonable person or to justify expending the association's resources; or
(d) It is not in the association's best interests to pursue an enforcement action.
(9) The board's decision under subsections (7) and (8) of this section to not pursue enforcement under one set of circumstances does not prevent the board from taking enforcement action under another set of circumstances, but the board may not be arbitrary or capricious in taking enforcement action.
[ 2025 c 119 s 12; 2024 c 321 s 311; 2019 c 238 s 209; 2018 c 277 s 302.]

catchline: Powers and duties.


title: RCW 64.90.410

text:
(1)(a) Except as provided otherwise in the governing documents, subsection (4) of this section, or other provisions of this chapter, the board may act on behalf of the association.
(b) In the performance of their duties, officers and board members must exercise the degree of care and loyalty to the association required of an officer or director of a corporation organized, are subject to the conflict of interest rules governing directors and officers, and are entitled to the immunities from liability available to officers and directors under chapter 24.06 RCW. The standards of care and loyalty, and conflict of interest rules and immunities described in this section apply regardless of the form in which the association is organized.
(2)(a) Except as provided otherwise in RCW 64.90.300(9), effective as of the transition meeting held in accordance with RCW 64.90.415(4), the board must be comprised of at least three members, at least a majority of whom must be unit owners. However, the number of board members need not exceed the number of units then in the common interest community.
(b) Unless the declaration or organizational documents provide for the election of officers by the unit owners, the board must elect the officers.
(c) Unless provided otherwise in the declaration or organizational documents, board members and officers must take office upon adjournment of the meeting at which they were elected or appointed or, if not elected or appointed at a meeting, at the time of such election or appointment, and must serve until their successor takes office.
(d) In determining the qualifications of any officer or board member of the association, "unit owner" includes, unless the declaration or organizational documents provide otherwise, any board member, officer, member, partner, or trustee of any person, who is, either alone or in conjunction with another person or persons, a unit owner.
(e) Any officer or board member of the association who would not be eligible to serve as such if he or she were not a board member, officer, partner in, or trustee of such a person is disqualified from continuing in office if he or she ceases to have any such affiliation with that person or that person would have been disqualified from continuing in such office as a natural person.
(3) Except when voting as a unit owner, the declarant may not appoint or elect any person or to serve itself as a voting, ex officio or nonvoting board member following the transition meeting.
(4) The board may not, without vote or agreement of the unit owners:
(a) Amend the declaration, except as provided in RCW 64.90.285;
(b) Amend the organizational documents of the association;
(c) Terminate the common interest community;
(d) Elect members of the board, but may fill vacancies in its membership not resulting from removal for the unexpired portion of any term or, if earlier, until the next regularly scheduled election of board members; or
(e) Determine the qualifications, powers, duties, or terms of office of board members.
(5) The board must adopt budgets as provided in RCW 64.90.525.
(6) Except for committees appointed by the declarant pursuant to special declarant rights, all committees of the association must be appointed by the board. Committees authorized to exercise any power reserved to the board must include at least two board members who have exclusive voting power for that committee. Committees that are not so composed may not exercise the authority of the board and are advisory only.
(7) A declaration may provide for the appointment of specified positions on the board by persons other than the unit owners or the declarant or an affiliate of the declarant during or after the period of declarant control. It also may provide a method for filling vacancies in those positions, other than by election by the unit owners. However, after the period of declarant control, appointed members:
(a) May not comprise more than one-third of the board; and
(b) Have no greater authority than any other board member.
[ 2025 c 119 s 13; 2024 c 321 s 312; 2019 c 238 s 101; 2018 c 277 s 303.]

catchline: Board members, officers, and committees.


title: RCW 64.90.415

text:
(1)(a) Subject to subsection (3) of this section, the declaration may provide for a period of declarant control of the association, during which period a declarant, or persons designated by the declarant, may:
(i) Appoint and remove the officers and board members; or
(ii) Veto or approve a proposed action of the board or association.
(b) A declarant may voluntarily surrender the right to appoint and remove officers and board members before the period ends. In that event, the declarant may require that during the remainder of the period, specified actions of the association or board, as described in a recorded amendment to the declaration executed by the declarant, be approved by the declarant before they become effective. A declarant's failure to veto or approve such proposed action in writing within thirty days after receipt of written notice of the proposed action is deemed approval by the declarant.
(2) Regardless of the period provided in the declaration, and except as provided in RCW 64.90.320(7), a period of declarant control terminates no later than the earliest of:
(a) Sixty days after conveyance of seventy-five percent of the units that may be created to unit owners other than a declarant;
(b) Two years after the last conveyance of a unit, except to a dealer;
(c) Two years after any right to add new units was last exercised; or
(d) The day the declarant, after giving notice in a record to unit owners, records an amendment to the declaration voluntarily surrendering all rights to appoint and remove officers and board members.
(3) Not later than sixty days after conveyance of twenty-five percent of the units that may be created to unit owners other than a declarant, at least one member and not less than twenty-five percent of the members of the board must be elected by unit owners other than the declarant. Not later than sixty days after conveyance of fifty percent of the units that may be created to unit owners other than a declarant, not less than thirty-three and one-third percent of the members of the board must be elected by unit owners other than the declarant. Until such members are elected and take office, the existing board may continue to act on behalf of the association.
(4) Within thirty days after the termination of any period of declarant control or, in the absence of such period, not later than a date that is sixty days after the conveyance of seventy-five percent of the units that may be created to unit owners other than a declarant, the board must schedule a transition meeting and provide notice to the unit owners in accordance with RCW 64.90.445(1)(c). At the transition meeting, the board elected by the unit owners must be elected in accordance with RCW 64.90.410(2).
[ 2018 c 277 s 304.]

catchline: Period of declarant control—Transition.


title: RCW 64.90.420

text:
(1) No later than 30 days following the date of the transition meeting held pursuant to RCW 64.90.415(4), the declarant must deliver or cause to be delivered to the board elected at the transition meeting all property of the unit owners and association as required by the declaration or this chapter including, but not limited to:
(a) The original or a copy of the recorded declaration and each amendment to the declaration;
(b) The organizational documents of the association;
(c) The minute books, including all minutes, and other books and records of the association;
(d) Current rules and regulations that have been adopted;
(e) Resignations of officers and members of the board who are required to resign because the declarant is required to relinquish control of the association;
(f) The financial records, including canceled checks, bank statements, and financial statements of the association, and source documents from the time of formation of the association through the date of transfer of control to the unit owners;
(g) Association funds or the control of the funds of the association;
(h) Originals or copies of any recorded instruments of conveyance for any common elements included within the common interest community but not appurtenant to the units;
(i) All tangible personal property of the association;
(j) Except for alterations to a unit done by a unit owner other than the declarant, a copy of the most recent plans and specifications used in the construction or remodeling of the common interest community, except for buildings containing fewer than three units;
(k) Originals or copies of insurance policies for the common interest community and association;
(l) Originals or copies of any certificates of occupancy that may have been issued for the common interest community;
(m) Originals or copies of any other permits obtained by or on behalf of the declarant and issued by governmental bodies applicable to the common interest community;
(n) Originals or copies of all written warranties that are still in effect for the common elements, or any other areas or facilities that the association has the responsibility to maintain and repair, from the contractor, subcontractors, suppliers, and manufacturers and all owners' manuals or instructions furnished to the declarant with respect to installed equipment or building systems;
(o) A roster of unit owners and eligible mortgagees and their addresses and telephone numbers, if known, as shown on the declarant's records and the date of closing of the first sale of each unit sold by the declarant;
(p) Originals or copies of any leases of the common elements and other leases to which the association is a party;
(q) Originals or photocopies of any employment contracts or service contracts in which the association is one of the contracting parties or service contracts in which the association or the unit owners have an obligation or a responsibility, directly or indirectly, to pay some or all of the fee or charge of the person performing the service;
(r) Originals or copies of any qualified warranty issued to the association as provided for in RCW 64.35.505;
(s) Originals or copies of all other contracts to which the association is a party; and
(t) Originals or copies of the most recent reserve study prepared pursuant to RCW 64.90.545, if one exists.
(2) No later than 60 days following the transition meeting, the board must retain the services of a certified public accountant to audit the records of the association as of the date of the transition meeting in accordance with generally accepted auditing standards unless the unit owners, other than the declarant, to which a majority of the votes are allocated elect to waive the audit. The cost of the audit must be a common expense unless otherwise provided in the declaration. The accountant performing the audit must examine supporting documents and records, including the cash disbursements and related paid invoices, to determine if expenditures were for association purposes and the billings, cash receipts, and related records to determine if the declarant was charged for and paid the proper amount of assessments.
[ 2025 c 119 s 14; 2024 c 321 s 314; 2018 c 277 s 305.]

catchline: Transfer of association property.


title: RCW 64.90.425

text:
(1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Involuntary transfer" means a transfer by foreclosure of a mortgage, deed in lieu of foreclosure, tax sale, judicial sale, or sale in a bankruptcy or receivership proceeding of real estate owned by a declarant.
(b) "Nonaffiliate successor" means a person that succeeds to a special declarant right and is not an affiliate of the declarant that transferred the special declarant right to the person.
(2) A special declarant right is an interest in real estate. The interest is appurtenant to:
(a) All units owned by the declarant; and
(b) Real estate that is subject to a development right.
(3) A declarant that no longer owns a unit or a development right ceases to have any special declarant rights.
(4) A declarant may voluntarily transfer part or all of a special declarant right only by an instrument that describes the special declarant right being transferred. The transfer becomes effective when recorded in every county in which any portion of the common interest community is located.
(5) Except as otherwise provided in subsection (8), (9), (11), or (12) of this section, a successor to a special declarant right is subject to all obligations and liabilities imposed on the transferor by this chapter or the declaration.
(6) If a declarant transfers a special declarant right to an affiliate of the declarant, the transferor and the successor are jointly and severally liable for all obligations and liabilities imposed on either person by this chapter or the declaration. Lack of privity does not deprive a unit owner of standing to maintain an action to enforce any obligation or liability of the transferor or successor.
(7) A declarant that transfers a special declarant right to a nonaffiliate successor:
(a) Remains liable for an obligation or liability imposed by this chapter or the declaration, including a warranty obligation, that arose before the transfer; and
(b) Is not liable for an obligation or liability imposed on the successor by this chapter or the declaration that arose after the transfer.
(8) A nonaffiliate successor that succeeds to fewer than all special declarant rights held by the transferor is not subject to an obligation or liability that relates to a special declarant right not transferred to the successor.
(9) A nonaffiliate successor is not liable for an obligation or liability imposed by this chapter or the declaration that relates to:
(a) A misrepresentation by a previous declarant;
(b) A warranty obligation on an improvement made by a previous declarant or before the common interest community was created;
(c) Breach of a fiduciary obligation by a previous declarant or the previous declarant's appointees to the board; or
(d) An obligation or liability imposed on the transferor as a result of the transferor's act or omission after the transfer.
(10) If an involuntary transfer includes a special declarant right, the transferee may elect to acquire or reject the special declarant right. A transferee that elects to acquire the special declarant right is a successor declarant. The election is effective only if the judgment or instrument conveying title describes the special declarant right. If the judgment or instrument does not describe the special declarant right, the transferee will be presumed to have elected to accept the special declarant right.
(11) A successor to a special declarant right by an involuntary transfer may declare in a recorded instrument the successor's intent to hold the right solely for transfer to another person. After recording the instrument, the successor may not exercise a special declarant right, other than a right under RCW 64.90.415(1)(a) to control the board, and an attempt to exercise a special declarant right in violation of this subsection is void. A successor that complies with this subsection is not liable for an obligation or liability imposed by this chapter or the declaration other than liability for the successor's act or omission under RCW 64.90.415(1)(a).
(12) This section does not subject a successor to a special declarant right to a claim against or obligation of a transferor, other than a claim or obligation imposed by this chapter or the declaration.
[ 2024 c 321 s 315; 2018 c 277 s 306.]

catchline: Transfer of special declarant rights.


title: RCW 64.90.430

text:
(1) Within two years after the transition meeting, the association may terminate without penalty, upon not less than ninety days' notice to the other party, any of the following if it was entered into before the board was elected:
(a) Any management, maintenance, operations, or employment contract, or lease of recreational or parking areas or facilities; or
(b) Any other contract or lease between the association and a declarant or an affiliate of a declarant.
(2) The association may terminate without penalty, at any time after the board elected by the unit owners pursuant to RCW 64.90.415(4) takes office upon not less than ninety days' notice to the other party, any contract or lease that is not bona fide or was unconscionable to the unit owners at the time entered into.
(3) This section does not apply to:
(a) Any lease the termination of which would terminate the common interest community or reduce its size, unless the real estate subject to that lease was included in the common interest community for the purpose of avoiding the right of the association to terminate a lease under this section; or
(b) A proprietary lease.
[ 2018 c 277 s 307.]

catchline: Contracts and leases—Termination.


title: RCW 64.90.435

text:
(1) Unless provided for in the declaration, the organizational documents of the association must:
(a) Provide the number of board members and the titles of the officers of the association;
(b) Provide for election by the board or, if the declaration requires, by the unit owners of a president, treasurer, secretary, and any other officers of the association the organizational documents specify;
(c) Specify the qualifications, powers and duties, terms of office, and manner of electing and removing board members and officers and filling vacancies in accordance with RCW 64.90.410;
(d) If applicable, specify the powers the board or officers may delegate to other persons or to a managing agent;
(e) Specify a method for the unit owners to amend the organizational documents;
(f) Describe the budget ratification process required under RCW 64.90.525, if not provided in the declaration;
(g) Contain any provision necessary to satisfy requirements in this chapter or the declaration concerning meetings, voting, quorums, and other activities of the association; and
(h) Provide for any matter required by law of this state other than this chapter to appear in the organizational documents of organizations of the same type as the association.
(2) Subject to the declaration and this chapter, the organizational documents may provide for any other necessary or appropriate matters.
[ 2025 c 119 s 15; 2018 c 277 s 308.]

catchline: Organizational documents.


title: RCW 64.90.440

text:
(1) Except to the extent provided by the declaration, subsections (2) and (4) of this section, or RCW 64.90.470(8), the association must maintain, repair, and replace the common elements, including limited common elements, and each unit owner must maintain, repair, and replace that owner's unit.
(2) The board may by rule designate physical components of the property for which a unit owner is otherwise responsible that present a heightened risk of damage or harm to persons or property if the physical components fail. The association may require that specific measures be taken by the unit owner or the association to diminish that risk of harm. If a unit owner fails to accomplish any necessary maintenance, repair, or replacement to those components, or fails to take any other measures required of the unit owner under this subsection, the association may, after notice to a unit owner and an opportunity to be heard, enter the unit in the manner pursuant to subsection (3) of this section to perform such maintenance, repair, replacement, or measure at the expense of that unit owner.
(3) Upon prior notice, except in case of an emergency, each unit owner must afford to the association and the other unit owners, and to their agents or employees, access through that owner's unit and limited common elements reasonably necessary for the purposes stated in subsections (1) and (2) of this section, including necessary inspections by the association. If damage is inflicted on the common elements or on any unit through which access is taken, the unit owner responsible for the damage, or the association if it is responsible, is liable for the prompt repair of the damage.
(4) In addition to the liability that a declarant as a unit owner has under this chapter, the declarant alone is liable for all expenses in connection with real estate subject to development rights and no other unit owner and no other portion of the common interest community is subject to a claim for payment of those expenses. However, the declaration may provide that the expenses associated with the operation, maintenance, repair, and replacement of a common element that the owners have a right to use must be paid by the association as a common expense. Unless the declaration provides otherwise, any income or proceeds from real estate subject to development rights inures to the declarant.
(5) In a plat community or miscellaneous community, if all development rights have expired with respect to any real estate, the declarant remains liable for all expenses of that real estate unless, upon expiration, the declaration provides that the real estate becomes common elements or units.
[ 2018 c 277 s 309.]

catchline: Maintenance, repair, replacement—Liability of unit owner—Inspection.


title: RCW 64.90.445

text:
(1) The following requirements apply to unit owner meetings:
(a) A meeting of the association must be held at least once each year. Failure to hold an annual meeting does not cause a forfeiture or give cause for dissolution of the association and does not affect otherwise valid association acts.
(b)(i) An association must hold a special meeting of unit owners to address any matter affecting the common interest community or the association if its president, a majority of the board, or unit owners having at least 20 percent, or any lower percentage specified in the organizational documents, of the votes in the association request that the secretary call the meeting.
(ii) If the association does not provide notice to unit owners of a special meeting within 30 days after the requisite number or percentage of unit owners request the secretary to do so, the requesting members may directly provide notice to all the unit owners of the meeting. The unit owners may discuss at a special meeting a matter not described in the notice under (c) of this subsection but may not take action on the matter without the consent of all unit owners.
(c) An association must provide notice to unit owners of the time, date, and place of each annual and special unit owners meeting not less than 14 days and not more than 50 days before the meeting date. Notice may be by any means described in RCW 64.90.515. The notice of any meeting must state the time, date, and place of the meeting and the items on the agenda, including:
(i) The text of any proposed amendment to the declaration or organizational documents; and
(ii) Any proposal to remove a board member or, if the declaration or organizational documents provide for the election of officers by the unit owners, any proposal to remove an officer.
(d) Unit owners must be given a reasonable opportunity at any meeting to comment regarding any matter affecting the common interest community or the association.
(e) A meeting of unit owners is not required to be held at a physical location if the meeting is conducted in accordance with subsection (3) of this section.
(f) In the notice for a meeting held at a physical location, the board may notify all unit owners that they may participate remotely in the meeting by a means of communication described in subsection (3) of this section.
(2) The following requirements apply to meetings of the board and committees authorized to act for the board:
(a) Meetings must be open to the unit owners except during executive sessions, but the board may expel or prohibit attendance by any person who, after warning by the chair of the meeting, disrupts the meeting. The board and those committees may hold an executive session only during a regular or special meeting of the board or a committee. A final vote or action may not be taken during an executive session.
(b) An executive session may be held only to:
(i) Consult with the association's attorney concerning legal matters;
(ii) Discuss existing or potential litigation or mediation, arbitration, or administrative proceedings;
(iii) Discuss labor or personnel matters;
(iv) Discuss contracts, leases, and other commercial transactions to purchase or provide goods or services currently being negotiated, including the review of bids or proposals, if premature general knowledge of those matters would place the association at a disadvantage; or
(v) Prevent public knowledge of the matter to be discussed if the board or committee determines that public knowledge would violate the privacy of any person.
(c) For purposes of this subsection, a gathering of members of the board or committees at which the board or committee members do not conduct association business is not a meeting of the board or committee. Board members and committee members may not use incidental or social gatherings to evade the open meeting requirements of this subsection.
(d) During the period of declarant control, the board must meet at least four times a year. At least one of those meetings must be held at the common interest community or at a place convenient to the community. After the transition meeting, unless the organizational documents provide otherwise, and except as otherwise provided in subsection (3) of this section, all board meetings must be at the common interest community or at a place convenient to the common interest community.
(e) At each board meeting, the board must provide a reasonable opportunity for unit owners to comment regarding matters affecting the common interest community and the association. The board must provide at least 15 minutes at the beginning of each meeting for unit owners to comment about agenda items before the board votes. The board may place reasonable time restrictions of not less than 90 seconds per owner per unit, except that the time per owner per unit may be reduced and allocated equally if more than 10 unit owners wish to comment.
(f) Unless the meeting is included in a schedule given to the unit owners, the secretary or other officer specified in the organizational documents must provide notice of each board meeting to each board member and to the unit owners. The notice must be given at least 14 days before the meeting and must state the time, date, place, and agenda of the meeting. Notwithstanding the foregoing, notice of a meeting to address an event or condition that could not have been reasonably foreseen and for which it is impracticable to provide notice as otherwise required by this chapter must be given at least seven days before the meeting and by means of electronic communication to unit owners whose electronic address or phone number is known to the association.
(g) If any materials are distributed to the board before the meeting, the board must make copies of those materials reasonably available to the unit owners, except that the board need not make available copies of unapproved minutes or materials that are to be considered in executive session.
(h) Notwithstanding the governing documents, fewer than all board members may participate in a regular or special meeting by or conduct a meeting through the use of any means of communication by which all board members participating can hear each other during the meeting. A board member participating in a meeting by these means is deemed to be present in person at the meeting.
(i) Prior to the transition meeting, without a meeting, the board may act by unanimous consent as documented in a record by all its members. Actions taken by unanimous consent must be kept as a record of the association with the meeting minutes. After the transition meeting, the board may act by unanimous consent only to undertake ministerial actions, actions subject to ratification by the unit owners, or to implement actions previously taken at a meeting of the board.
(j) A board member who is present at a board meeting at which any action is taken is presumed to have assented to the action taken unless the board member's dissent or abstention to such action is lodged with the person acting as the secretary of the meeting before adjournment of the meeting or provided in a record to the secretary of the association immediately after adjournment of the meeting. The right to dissent or abstain does not apply to a board member who voted in favor of such action at the meeting.
(k) A board member may not vote by proxy or absentee ballot.
(l) Even if an action by the board is not in compliance with this section, it is valid unless set aside by a court. An action seeking relief for failure of the board to comply with this section may not be brought more than 90 days after the minutes of the board of the meeting at which the action was taken are approved or the record of that action is distributed to unit owners, whichever is later.
(3) Notwithstanding the governing documents, any meeting may be held by telephonic, video, or other conferencing process if:
(a) The meeting notice states the conferencing process to be used and provides information explaining how to participate in the conference;
(b) The process provides all participants the opportunity to hear or perceive the discussion and to comment as provided in subsection (2)(e) of this section;
(c) Any votes of the board members are conducted by roll call or other verbal vote; and
(d) Any person entitled to participate in the meeting is given the option of participating by telephone.
(4) Minutes of all unit owner meetings and board meetings, excluding executive sessions, must be maintained in a record. The decision on each matter voted upon at a board meeting or unit owner meeting must be recorded in the minutes.
[ 2025 c 119 s 16; 2024 c 321 s 316; 2021 c 227 s 13; 2019 c 238 s 210; 2018 c 277 s 310.]

catchline: Meetings.


title: RCW 64.90.450

text:
(1) Unless the organizational documents provide otherwise, a quorum is present throughout any meeting of the unit owners if at the beginning of the meeting persons entitled to cast 20 percent of the votes in the association attend in person, by proxy, by means of communication under RCW 64.90.445(1) (e) or (f), or have voted by absentee ballot.
(2) Unless the organizational documents specify a larger number, a quorum of the board is present for purposes of determining the validity of any action taken at a meeting of the board only if individuals entitled to cast a majority of the votes on that board are present at the time a vote regarding that action is taken. If a quorum is present when a vote is taken, the affirmative vote of a majority of the board members present is the act of the board unless a greater vote is required by the organizational documents.
[ 2024 c 321 s 206; 2018 c 277 s 311.]

catchline: Quorum.


title: RCW 64.90.455

text:
(1) Unit owners may vote at a meeting under subsection (2) or (3) of this section or, when a vote is conducted without a meeting, by ballot in the manner provided in subsection (4) of this section.
(2) At a meeting of unit owners the following requirements apply:
(a) Unless the declaration or bylaws otherwise provide, and except as provided in subsection (9) of this section, unit owners or their proxy holders may vote by voice vote, show of hands, standing, written ballot, or any other method authorized at the meeting.
(b) If unit owners attend the meeting by a means of communication under RCW 64.90.445(1) (e) or (f), the association shall implement reasonable measures to verify the identity of each unit owner attending remotely.
(c) Whenever proposals or board members are to be voted upon at a meeting, a unit owner may vote by duly executed absentee ballot if:
(i) The name of each candidate and the text of each proposal to be voted upon are set forth in a writing accompanying or contained in the notice of meeting; and
(ii) A ballot is provided by the association for such purpose. Any ballot provided by the association for election of board members by the unit owners must designate a blank space for unit owners to cast a vote for one or more candidates.
(d) When a unit owner votes by absentee ballot under (c) of this subsection, the association must be able to verify that the ballot is cast by the unit owner having the right to do so.
(3) Unless the declaration or organizational documents otherwise provide, unit owners may vote by proxy subject to the following requirements:
(a) Votes allocated to a unit may be cast pursuant to a directed or undirected proxy duly executed by a unit owner in the same manner as provided in RCW 24.06.110.
(b) When a unit owner votes by proxy, the association shall implement reasonable measures to verify the identity of the unit owner and the proxy holder.
(c) A unit owner may revoke a proxy given pursuant to this section only by actual notice of revocation to the secretary or the person presiding over a meeting of the association or by delivery of a subsequent proxy. The death or disability of a unit owner does not revoke a proxy given by the unit owner unless the person presiding over the meeting has actual notice of the death or disability.
(d) A proxy is void if it is not dated or purports to be revocable without notice.
(e) Unless stated otherwise in the proxy, a proxy terminates 11 months after its date of issuance.
(4) Unless the declaration or organizational documents otherwise provide, an association may conduct a vote without a meeting. The following requirements apply:
(a) The association must notify the unit owners that the vote will be taken by ballot without a meeting.
(b) The notice under (a) of this subsection must state:
(i) The time and date by which a ballot must be delivered to the association to be counted, which may not be fewer than 14 days after the date of the notice, and which deadline may be extended in accordance with (g) of this subsection;
(ii) The percent of votes necessary to approve each matter other than election of board members; and
(iii) The time, date, and manner by which unit owners wishing to deliver information to all unit owners regarding the subject of the vote may do so.
(c) The association must deliver with the notice under (a) of this subsection:
(i) Instructions for casting a ballot;
(ii) A ballot in a tangible medium to every unit owner except a unit owner that has consented in a record to electronic voting; and
(iii) If the association allows electronic voting, instructions for electronic voting.
(d) The ballot must set forth each proposed action and provide an opportunity to vote for or against the action. Any ballot provided by the association for election of board members by the unit owners must designate a blank space for unit owners to cast a vote for one or more candidates.
(e) A unit owner may revoke a ballot cast pursuant to this section before the date and time under (b) of this subsection by which the ballot must be delivered to the association only by actual notice to the association of revocation. The death or disability of a unit owner does not revoke a ballot unless the association has actual notice of the death or disability prior to the date set forth in (b)(i) of this subsection.
(f) Approval by ballot pursuant to this subsection is valid only if the number of votes cast by ballot equals or exceeds the quorum required to be present at a meeting authorizing the action.
(g) If the association does not receive a sufficient number of votes to constitute a quorum or to approve the proposal by the date and time established for return of ballots, the board may extend the deadline for a reasonable period not to exceed 11 months upon further notice to all members in accordance with (b) of this subsection. In that event, all votes previously cast on the proposal must be counted unless subsequently revoked as provided in this section.
(h) A ballot or revocation is not effective until received by the association.
(i) The association must give notice to unit owners of any action taken pursuant to this subsection within a reasonable time after the action is taken.
(j) When an action is taken pursuant to this subsection, a record of the action, including the ballots or a report of the persons appointed to tabulate such ballots, must be kept with the minutes of meetings of the association.
(k) The association shall implement reasonable measures to verify that each ballot in a tangible medium and electronic ballot is cast by the unit owner having a right to do so.
(l) A unit owner consents to electronic voting by delivering to the association a record indicating such consent or by casting an electronic ballot.
(m) An association that allows electronic ballots shall create a record of electronic votes capable of retention, retrieval, and review.
(5) If the governing documents require that votes on specified matters affecting the common interest community be cast by lessees rather than unit owners of leased units:
(a) This section applies to lessees as if they were unit owners;
(b) Unit owners that have leased their units to other persons may not cast votes on those specified matters; and
(c) Lessees are entitled to notice of meetings, access to records, and other rights respecting those matters as if they were unit owners.
(6) Unit owners must also be given notice of all meetings at which lessees may be entitled to vote.
(7) In any vote of the unit owners, votes allocated to a unit owned by the association must be cast in the same proportion as the votes cast on the matter by unit owners other than the association.
(8)(a) Unless a different number or fraction of the votes in an association is required by this chapter or the declaration, a majority of the votes cast determines the outcome of a vote taken at a meeting or without a meeting.
(b) If a unit is owned by more than one person and:
(i) Only one owner casts a vote, that vote must be counted as casting all votes allocated to the unit by the declaration; and
(ii) More than one owner casts a vote for the unit, no vote from any owner of the unit may be counted unless the declaration provides a manner for allocating votes cast by multiple owners of a unit.
(9)(a) Notwithstanding any other law or provision of the governing documents, the following votes of unit owners shall be conducted by secret ballot:
(i) Election of board members;
(ii) Removal of board members or, if the declaration or organizational documents provide for the election of officers by the unit owners, the removal of officers; or
(iii) Amendments to the governing documents.
(b) At a meeting of unit owners held pursuant to this section, the secret ballots physically received by the association must be opened and counted and the results of the secret ballots received by the association by electronic means must be reviewed, announced, and recorded in the meeting minutes. A quorum is not required to be present when the secret ballots physically received by the association are opened and counted or the results of the secret ballots received by the association by electronic means are reviewed, announced, and recorded in the meeting minutes.
(c) The incumbent members of the board and each person whose name is placed on the ballot as a candidate for membership on the board may not possess, be given access to, or participate in the opening or counting of the secret ballots that the association physically receives, or the collection of data regarding the secret ballots that the association receives by electronic means, before those secret ballots have been opened and counted or reviewed, announced, and recorded in the meeting minutes, as applicable, at a meeting of the association.
[ 2025 c 119 s 17; 2024 c 321 s 317; 2018 c 277 s 312.]

catchline: Unit owner voting.


title: RCW 64.90.460

text:
(1) A unit owner is not liable, solely by reason of being a unit owner, for an injury or damage arising out of the condition or use of the common elements. Neither the association nor any unit owner except the declarant is liable for that declarant's torts in connection with any part of the common interest community which that declarant must maintain.
(2)(a) An action alleging a wrong done by the association, including an action arising out of the condition or use of the common elements, may be maintained only against the association and not against any unit owner.
(b) If the wrong occurred during any period of declarant control and the association gives the declarant reasonable notice of and an opportunity to defend against the action, the declarant who then controlled the association is liable to the association or to any unit owner for (i) all tort losses not covered by insurance suffered by the association or that unit owner and (ii) all costs that the association would not have incurred but for a breach of contract or other wrongful act or omission by the association.
(c) If a declarant is liable to an association under this section, the declarant is also liable for all expenses of litigation, including reasonable attorneys' fees and costs, incurred by the association.
(3)(a) Except as provided in RCW 64.90.680 with respect to warranty claims, any statute of limitation affecting the association's right of action against a declarant under this chapter is tolled until any period of declarant control terminates.
(b) A unit owner is not precluded from maintaining an action contemplated under this section because that person is a unit owner, board member, or officer of the association. Liens resulting from judgments against the association are governed under RCW 64.90.490.
[ 2018 c 277 s 313.]

catchline: Liability—Tolling.


title: RCW 64.90.465

text:
(1)(a) In a common interest community other than a cooperative, portions of the common elements may be conveyed or subjected to a security interest by the association if unit owners entitled to cast at least eighty percent of the votes in the association, including eighty percent of the votes allocated to units not owned by a declarant, or any larger percentage the declaration specifies, agree to that action; but all unit owners of units to which any limited common element is allocated must agree to convey that limited common element or subject it to a security interest. The declaration may specify a smaller percentage only if all of the units are restricted exclusively to nonresidential uses.
(b) Proceeds of the sale or a loan are an asset of the association, but the proceeds of the sale of limited common elements must be distributed equitably among the unit owners of units to which the limited common elements were allocated. This subsection (1) does not apply to the incorporation of common elements into units as a result of relocating unit boundaries pursuant to RCW 64.90.260, to subdividing or combining units pursuant to RCW 64.90.265, or to eminent domain proceedings pursuant to RCW 64.90.030.
(2)(a) Part of a cooperative may be conveyed and all or part of a cooperative may be subjected to a security interest by the association if unit owners entitled to cast at least eighty percent of the votes in the association, including eighty percent of the votes allocated to units not owned by a declarant, or any larger percentage the declaration specifies, agree to that action; but, if fewer than all of the units or limited common elements are to be conveyed or subjected to a security interest, all unit owners of those units, or the units to which those limited common elements are allocated, must agree to convey those units or limited common elements or subject them to a security interest. The declaration may specify a smaller percentage only if all of the units are restricted exclusively to nonresidential uses.
(b) Proceeds of the sale or a loan are an asset of the association. Any purported conveyance or other voluntary transfer of an entire cooperative, unless made pursuant to RCW 64.90.290, is void. This subsection (2) does not apply to the incorporation of common elements into units as a result of relocating unit boundaries pursuant to RCW 64.90.260, to subdividing or combining units pursuant to RCW 64.90.265, or to eminent domain proceedings pursuant to RCW 64.90.030.
(3) An agreement to convey common elements in a common interest community other than a cooperative, or to subject them to a security interest, or in a cooperative, an agreement to convey any part of a cooperative or subject it to a security interest, must be evidenced by the execution of an agreement, or ratifications of an agreement, in the same manner as a deed, by the requisite number of unit owners. The agreement must specify a date after which the agreement will be void unless recorded before that date. The agreement and all ratifications of the agreement must be recorded in every county in which a portion of the common interest community is situated and is effective only upon recordation.
(4) The association, on behalf of the unit owners, may contract to convey or dedicate an interest in a common interest community pursuant to subsection (1) of this section, but the contract is not enforceable against the association until approved pursuant to subsection (1), (2), or (3) of this section. Thereafter, the association has all powers necessary and appropriate to effect the conveyance or encumbrance, including the power to execute deeds or other instruments.
(5) Unless made pursuant to this section, any purported conveyance, encumbrance, judicial sale, or other voluntary transfer of common elements or of any other part of a cooperative is void.
(6) A conveyance or encumbrance of common elements or of a cooperative pursuant to this section does not deprive any unit of its rights of access and support.
(7) Unless the declaration requires a higher percentage, if the consent of eligible mortgagees holding security interests on at least eighty percent of the units subject to security interests held by eligible mortgagees on the day the unit owners' agreement under subsection (3) of this section is recorded, is obtained:
(a) A conveyance of common elements pursuant to this section terminates both the undivided interests in those common elements allocated to the units and the security interests in those undivided interests held by all persons holding security interests in the units; and
(b) An encumbrance of common elements pursuant to this section has priority over all preexisting encumbrances on the undivided interests in those common elements held by all persons holding security interests in the units.
(8) The consents of eligible mortgagees, or a certificate of the secretary affirming that the requisite percentage of eligible mortgagees have consented, may be recorded at any time before the date on which the agreement under subsection (3) of this section becomes void. Such consents or certificates recorded are valid from the date they are recorded for purposes of calculating the percentage of consenting eligible mortgagees, regardless of later conveyance or encumbrances on those units. If the required percentage of eligible mortgagees consent, a conveyance or encumbrance of common elements does not affect interests having priority over the declaration or created by the association after the declaration was recorded.
(9) In a cooperative, the association may acquire, hold, encumber, or convey a proprietary lease without complying with this section.
[ 2018 c 277 s 314.]

catchline: Conveyance or encumbrance of common elements.


title: RCW 64.90.470

text:
(1) Commencing not later than the time of the first conveyance of a unit to a person other than a declarant, the association must maintain in its own name, to the extent reasonably available and subject to reasonable deductibles:
(a) Property insurance on the common elements and, in a plat community or miscellaneous community, also on property that must become common elements, insuring against risks of direct physical loss commonly insured against, which insurance, after application of any deductibles, must be not less than eighty percent of the actual cash value of the insured property at the time the insurance is purchased and at each renewal date, exclusive of land, excavations, foundations, and other items normally excluded from property policies;
(b) Commercial general liability insurance, including medical payments insurance, in an amount determined by the board, but not less than any amount specified in the declaration, covering all occurrences commonly insured against for bodily injury and property damage arising out of or in connection with the use, ownership, or maintenance of the common elements and, in cooperatives, of all units;
(c) Fidelity insurance; and
(d) Other insurance required under the declaration.
(2) In the case of a building that contains units divided by horizontal boundaries described in the declaration, or vertical boundaries that comprise common walls between units, the insurance maintained under subsection (1)(a) of this section, to the extent reasonably available, must include the units and, unless provided otherwise in the declaration, all improvements and betterments to the units.
(3) If the insurance described in subsections (1) and (2) of this section is not reasonably available, the association must promptly cause notice of that fact to be given to all unit owners. The association may carry any other insurance it considers appropriate to protect the association or the unit owners.
(4) Insurance policies carried pursuant to subsections (1) and (2) of this section must provide that:
(a) Each unit owner is an insured person under the policy with respect to liability arising out of the unit owner's interest in the common elements or membership in the association;
(b) The insurer waives its right to subrogation under the policy against any unit owner or member of the unit owner's household;
(c) Any act or omission by a unit owner, unless acting within the unit owner's scope of authority on behalf of the association, does not void the policy and is not a condition to recovery under the policy; and
(d) If, at the time of a loss under the policy, there is other insurance in the name of a unit owner covering the same risk covered by the policy, the association's policy provides primary insurance.
(5) Any loss covered by the property insurance policy under subsection (1)(a) and (b) of this section must be adjusted with the association, but the insurance proceeds for that loss are payable to any insurance trustee designated for that purpose, or otherwise to the association, and not to any holder of a security interest. The insurance trustee or the association must hold any insurance proceeds in trust for the association, unit owners, and lienholders as their interests may appear. Subject to subsection (8) of this section, the proceeds must be disbursed first for the repair or replacement of the damaged property, and the association, unit owners, and lienholders are not entitled to receive payment of any portion of the proceeds unless there is a surplus of proceeds after the property has been completely repaired or replaced, or the common interest community is terminated.
(6) An insurance policy issued to the association does not prevent a unit owner from obtaining insurance for the unit owner's own benefit.
(7) An insurer that has issued an insurance policy under this section must issue certificates or memoranda of insurance to the association and, upon a request made in a record, to any unit owner or holder of a security interest. The insurer issuing the policy may not modify the amount or the extent of the coverage of the policy or cancel or refuse to renew the policy unless the insurer has complied with all applicable provisions of chapter 48.18 RCW pertaining to the cancellation or nonrenewal of contracts of insurance. The insurer may not modify the amount or the extent of the coverage of the policy or cancel or refuse to renew the policy without complying with this section.
(8) Any portion of the common interest community for which insurance is required under this section that is damaged or destroyed must be repaired or replaced promptly by the association unless:
(a) The common interest community is terminated, in which case RCW 64.90.290 applies;
(b) Repair or replacement would be illegal; or
(c) Eighty percent of the unit owners, including every unit owner of a unit or assigned limited common element that will not be rebuilt, vote not to rebuild.
(9) The cost of repair or replacement not paid from insurance proceeds is a common expense. If all of the damaged or destroyed portions of the common interest community are not repaired or replaced:
(a) The insurance proceeds attributable to the damaged common elements must be used to restore the damaged area to a condition compatible with the remainder of the common interest community; and
(b) Except to the extent that other persons will be distributees:
(i) The insurance proceeds attributable to units and limited common elements that are not repaired or replaced must be distributed to the unit owners of those units and the unit owners of the units to which those limited common elements were allocated, or to lienholders, as their interests may appear; and
(ii) The remainder of the proceeds must be distributed to all the unit owners or lienholders, as their interests may appear, as follows:
(A) In a condominium, in proportion to the common element interests of all the units; and
(B) In a cooperative, plat community, or miscellaneous community, in proportion to the common expense liabilities of all the units.
(10) If the unit owners vote not to rebuild any unit, that unit's allocated interests are automatically reallocated upon the vote as if the unit had been condemned under RCW 64.90.030, and the association promptly must prepare, execute, and record an amendment to the declaration reflecting the reallocations.
(11) The provisions of this section may be varied or waived as provided in the declaration if all units of a common interest community are restricted to nonresidential use.
[ 2018 c 277 s 315.]

catchline: Insurance.


title: RCW 64.90.475

text:
(1) The association must establish and maintain its accounts and records in a manner that will enable it to credit assessments for common expenses, including allocations to reserves, and other income to the association, and to charge expenditures, to the account of the appropriate units in accordance with the provisions of the declaration.
(2) To assure that the unit owners are correctly assessed for the actual expenses of the association, the accounts of the association must be reconciled at least annually unless the board determines that a reconciliation would not result in a material savings to any unit owner. Unless provided otherwise in the declaration, any surplus funds of the association remaining after the payment of or provision for common expenses and any prepayment of reserves must be paid annually to the unit owners in proportion to their common expense liabilities or credited to them to reduce their future common expense assessments.
[ 2025 c 119 s 18; 2018 c 277 s 316.]

catchline: Accounts and records—Reconciliation.


title: RCW 64.90.480

text:
(1)(a) Assessments for common expenses must be made at least annually based on a budget adopted at least annually by the association in the manner provided in RCW 64.90.525.
(b) Assessments for common expenses must commence on all units that have been created upon the conveyance of the first unit in the common interest community; however, the declarant may delay commencement of assessments for some or all common expenses, in which event the declarant must pay all of the common expenses that have been delayed. In a common interest community in which units may be added pursuant to reserved development rights, the declarant may delay commencement of assessments for such units in the same manner.
(2) The declaration may provide that, upon closing of the first conveyance of each unit to a purchaser or first occupancy of a unit, whichever occurs first, the association may assess and collect a working capital contribution for such unit. The working capital contribution may be collected prior to the commencement of common assessments under subsection (1) of this section. A working capital contribution may not be used to defray expenses that are the obligation of the declarant.
(3) Except as provided otherwise in this section, all common expenses must be assessed against all the units in accordance with their common expense liabilities, subject to the right of the declarant to delay commencement of certain common expenses under subsections (1) and (2) of this section. Any past due assessment or installment of past due assessment bears interest at the rate established by the association pursuant to RCW 64.90.485.
(4) The declaration may provide that any of the following common expenses of the association must be assessed against the units on some basis other than common expense liability. If and to the extent the declaration so provides, the association must assess:
(a) Expenses associated with the operation, maintenance, repair, or replacement of any specified limited common element against the units to which that limited common element is assigned, equally or in any other proportion that the declaration provides;
(b) Expenses specified in the declaration as benefiting fewer than all of the units or their unit owners exclusively against the units benefited in proportion to their common expense liability or in any other proportion that the declaration provides, but if the common expense is for the maintenance, repair, or replacement of a common element other than a limited common element, the expense may be assessed exclusively against them only if the declaration reasonably identifies the common expense by specific listing or category;
(c) The costs of insurance in proportion to risk; and
(d) The costs of one or more specified services or utilities in proportion to respective usage, whether metered, billed in bulk based on unit count, or reasonably estimated, or upon the same basis as such charges are made by the service or utility provider.
(5) Assessments to pay a judgment against the association may be made only against the units in the common interest community at the time the judgment was entered, in proportion to their common expense liabilities.
(6) The association may assess exclusively against a unit owner's unit common expenses, including expenses relating to damage to or loss of property, caused by the:
(a) Willful misconduct or gross negligence of the unit owner or the unit owner's tenant, guest, invitee, or occupant;
(b) Failure of the unit owner to comply with a maintenance standard prescribed by the declaration or a rule, if the standard contains a statement that an owner may be liable for damage or loss caused by failure to comply with the standard; or
(c) Negligence of the unit owner or the unit owner's tenant, guest, invitee, or occupant, if the declaration contains a statement that an owner may be liable for damage or loss caused by such negligence.
(7) Before an association makes an assessment under subsection (6) of this section, the association must give notice to the unit owner and provide an opportunity for a hearing. The assessment is limited to the expense the association incurred under subsection (6) of this section less any insured proceeds received by the association, whether the difference results from the application of a deductible or otherwise.
(8) In the event of a loss or damage to a unit that would be covered by the association's property insurance policy, excluding policies for earthquake, flood, or similar losses that have higher than standard deductibles, but that is within the deductible under that policy and if the declaration so provides, the association may assess the amount of the loss up to the deductible against that unit. This subsection does not prevent a unit owner from asserting a claim against another person for the amount assessed if that other person would be liable for the damages under general legal principles.
(9) If common expense liabilities are reallocated, assessments and any installment of assessments not yet due must be recalculated in accordance with the reallocated common expense liabilities.
(10) An association must provide at least one method of accepting payment of assessments from unit owners at no charge or as a common expense.
[ 2025 c 119 s 19; 2024 c 321 s 207; 2018 c 277 s 317.]
Notes:
Effective date—2025 c 119 ss 2-4, 11, 19, 21, 25, and 34: See note following RCW 64.32.260.

catchline: Assessments and capital contributions.