[WSBARP] Common Interest Communities Question

[Julie Martiniello]

Hello All,

I have a couple of questions regarding how to determine if a new (recorded
in 2026) subdivision is considered to be a Common Interest Community under
64.90. Previously, I had been operating under this assumption, but am
doubting it now that I am reviewing the code again.



   - Are all newly created subdivisions Common Interest Communities? If
   not, is it because one of the exemptions in RCW 64.90.110 or 64.90.115
   apply? (in case context is helpful, I primarily deal with Unit Lot
   Subdivisions in Seattle, Tacoma, etc. where the only shared/common areas
   are for access or party walls, they have low assessments/shared expenses,
   etc.)
   - Is RCW 64.90.115 intended to apply to newly created subdivisions so
   that a new subdivision does not have to be considered a Common Interest
   Community? It almost reads as if it’s intended to apply to neighboring
   parcels that have an existing covenant re party walls, access, etc., rather
   than newly subdivided lots, but since it doesn’t specifically say that, I
   wanted to double check.
      - RCW 64.90.115: Other exempt covenants. An easement or covenant that
      requires the owners of separately owned parcels of real estate to share
      costs or other obligations associated with a party wall,
driveway, well, or
      other similar use does not create a common interest community.
   - If all new subdivisions are considered to be CICs, then would I be
   correct in saying that the only way for a newly created subdivision to
   avoid the HOA requirement, is if it meets the criteria listed in RCW
   64.90.360(4)(ii)? (Meaning it has no more than 6 units that are all middle
   housing, and the annual average assessment of all units restricted to
   middle housing residential purposes, exclusive of optional user fees, may
   not exceed $1,000.)


All Thoughts Welcome!
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