[WSBARP] Condominium Act Application

Thu Mar 30 15:26:35 PDT 2017

Ross,

RCW 64.34.264 does not apply to condominiums created under the Horizontal Property Regimes Act.  The applicability of the Washington Condominium Act to old act condos is specified in RCW 64.34.010(1) which provides:

(1) This chapter applies to all condominiums created within this state after July 1, 1990. RCW 64.34.040 (separate titles and taxation), RCW 64.34.050 (applicability of local ordinances, regulations, and building codes), RCW 64.34.060 (condemnation), RCW 64.34.208 (construction and validity of declaration and bylaws), RCW 64.34.268 (1) through (7) and (10) (termination of condominium), RCW 64.34.212 (description of units), RCW 64.34.304(1) (a) through (f) and (k) through (t) (powers of unit owners' association), RCW 64.34.308(1) (board of directors and officers), RCW 64.34.340 (voting—proxies), RCW 64.34.344 (tort and contract liability), RCW 64.34.354 (notification on sale of unit), RCW 64.34.360(3) (common expenses—assessments), RCW 64.34.364 (lien for assessments), RCW 64.34.372 (association records), RCW 64.34.425 (resales of units), RCW 64.34.455 (effect of violation on rights of action; attorney's fees), RCW 64.34.380 through 64.34.392 (reserve studies and accounts), and RCW 64.34.020 (definitions) to the extent necessary in construing any of those sections, apply to all condominiums created in this state before July 1, 1990; but those sections apply only with respect to events and circumstances occurring after July 1, 1990, and do not invalidate or supersede existing, inconsistent provisions of the declaration, bylaws, or survey maps or plans of those condominiums.

Best regards,

Jim Strichartz 

Jim Strichartz

Attorney

Fellow, College of Community Association Lawyers

Law Offices of James L. Strichartz

201 Queen Anne Avenue North, Suite 400

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Ross Gardner
Sent: Thursday, March 30, 2017 3:18 PM
To: WSBA Real Property Listserv
Subject: [WSBARP] Condominium Act Application

Good Afternoon All,

I am having trouble determining whether RCW 64.34.264 retroactively applies to a Condo Association that I am working with.  My clients wish to limit the owners' ability to rent their units, and such a change requires 90% owner approval under the Act, but the Declarations only call for 75% approval.  

The Declarations were recorded just before the Act went into effect.  I know that some provisions of the Act may be applied retroactively, but I have not been able to ascertain whether that is the case here.

Is anyone able to share some insight on this?  Thanks in advance!

Best Regards,

Ross Gardner

Attorney

Phone: 425-870-4430 <tel:(425)%20870-4430> 

E-Mail: Ross at rossgardnerlaw.com

Online: www.rossgardnerlaw.com <http://www.rossgardnerlaw.com/> 

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