The Washington Condominium Act, enacted in 1990, governs condominiums whose declarations were recorded between July 1, 1990 and July 1, 2018. Based on the Uniform Condominium Act, it modernized Washington's condominium law by introducing standardized governance, lien priority, resale certificate requirements, and developer turnover provisions. Being fully superseded by WUCIOA (RCW 64.90) on January 1, 2028 under ESSB 5796.
Sections ARTICLE 1 GENERAL PROVISIONS HTML PDF 64.34.005 Findings — Intent — 2004 c 201. HTML PDF 64.34.010 Applicability. HTML PDF 64.34.020 Definitions. HTML PDF 64.34.030 Variation by agreement. HTML PDF 64.34.040 Separate interests — Taxation. HTML PDF 64.34.050 Local ordinances, regulations, and building codes — Applicability. HTML PDF 64.34.060 Condemnation. HTML PDF 64.34.070 Law applicable — General principles. HTML PDF 64.34.073 Application of chapter 64.55 RCW. HTML PDF 64.34.076 Application to common interest communities. HTML PDF 64.34.080 Contracts — Unconscionability. HTML PDF 64.34.090 Obligation of good faith. HTML PDF 64.34.100 Remedies liberally administered. HTML PDF 64.34.110 New declaration minimum density. HTML PDF 64.34.120 New declaration — Accessory dwelling units. ARTICLE 2 CREATION, ALTERATION, AND TERMINATION OF CONDOMINIUMS HTML PDF 64.34.200 Creation of condominium. HTML PDF 64.34.202 Reservation of condominium name. HTML PDF 64.34.204 Unit boundaries. HTML PDF 64.34.208 Declaration and bylaws — Construction and validity. HTML PDF 64.34.212 Description of units. HTML PDF 64.34.216 Contents of declaration. HTML PDF 64.34.220 Leasehold condominiums. HTML PDF 64.34.224 Common element interests, votes, and expenses — Allocation. HTML PDF 64.34.228 Limited common elements. HTML PDF 64.34.232 Survey maps and plans. HTML PDF 64.34.236 Development rights. HTML PDF 64.34.240 Alterations of units. HTML PDF 64.34.244 Relocation of boundaries — Adjoining units. HTML PDF 64.34.248 Subdivision of units. HTML PDF 64.34.252 Monuments as boundaries. HTML PDF 64.34.256 Use by declarant. HTML PDF 64.34.260 Easement rights — Common elements. HTML PDF 64.34.264 Amendment of declaration. HTML PDF 64.34.268 Termination of condominium. HTML PDF 64.34.272 Rights of secured lenders. HTML PDF 64.34.276 Master associations. HTML PDF 64.34.278 Delegation of power to subassociations. HTML PDF 64.34.280 Merger or consolidation. ARTICLE 3 MANAGEMENT OF CONDOMINIUM HTML PDF 64.34.300 Unit owners' association — Organization. HTML PDF 64.34.304 Unit owners' association — Powers. HTML PDF 64.34.308 Board of directors and officers. HTML PDF 64.34.312 Control of association — Transfer. HTML PDF 64.34.316 Special declarant rights — Transfer. HTML PDF 64.34.320 Contracts and leases — Declarant — Termination. HTML PDF 64.34.324 Bylaws. HTML PDF 64.34.328 Upkeep of condominium. HTML PDF 64.34.336 Quorums. HTML PDF 64.34.340 Voting — In person, absentee ballots, proxies. HTML PDF 64.34.344 Tort and contract liability. HTML PDF 64.34.348 Common elements — Conveyance — Encumbrance. HTML PDF 64.34.352 Insurance. HTML PDF 64.34.354 Insurance — Conveyance. HTML PDF 64.34.356 Surplus funds. HTML PDF 64.34.360 Common expenses — Assessments. HTML PDF 64.34.364 Lien for assessments — Notice of delinquency — Second notice. HTML PDF 64.34.368 Liens — General provisions. HTML PDF 64.34.372 Association records — Funds — Requirements for retaining. HTML PDF 64.34.376 Association as trustee. HTML PDF 64.34.380 Reserve account — Reserve study — Annual update. HTML PDF 64.34.382 Reserve study — Contents. HTML PDF 64.34.384 Reserve account — Withdrawals. HTML PDF 64.34.386 Reserve study — Demand by owners — Study not timely prepared. HTML PDF 64.34.388 Reserve study — Decision making. HTML PDF 64.34.390 Reserve study — Reserve account — Immunity from liability. HTML PDF 64.34.391 Fire-hardened building materials. HTML PDF 64.34.392 Reserve account and study — Exemption — …
Every Washington condominium currently governed by the Condominium Act must transition to WUCIOA by January 1, 2028. Boards should review their declaration and bylaws now for provisions inconsistent with WUCIOA — those provisions will not survive the transition.
(chapter)
The four most-used sections of the Condominium Act govern what the association can do, how the board runs, how unpaid assessments become liens, and what disclosures must appear in a resale certificate when a unit is sold.
(chapter)
If your condominium was created between mid-1990 and mid-2018, it operates under the Washington Condominium Act. Newer condominiums fall under WUCIOA; older ones (pre-1990) under the Horizontal Property Regimes Act (RCW 64.32).
What this means for your resale certificate
RCW 64.34.425 drives
20
required disclosure items in
the Washington Condominium Act resale certificateparent statute.
(a)Right of first refusal or restraint on free alienability
(b)Monthly common expense assessment, unpaid assessments, and special assessments
(c)Common expenses or special assessments past due over 30 days (current within 45 days)
(d)Association monetary obligations past due over 30 days (current within 45 days)
This content is educational and informational. It does not constitute legal advice.
Consult a licensed attorney in your state for legal guidance specific to your situation.