Reserve study—Demand—Enforcement
Owner demand and enforcement provisions for the WUCIOA reserve obligations. Unit owners holding at least twenty percent of the votes may demand that the cost of a reserve study be placed in the next annual budget when more than three years have passed since the last study prepared by a reserve study professional. One or more unit owners may bring an action to enforce RCW 64.90.545, RCW 64.90.550, and this section, in which a court may order specific performance and award reasonable fees and costs to the prevailing party. Non-compliance neither excuses a unit owner's duty to pay assessments nor invalidates a ratified budget. Read together with RCW 64.90.560, which bars monetary damages for the same failures.
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| Ref | Requirement |
|---|---|
| (2) | Any unit owner can sue to enforce the reserve study, reserve account, and disclosure requirements. The court can order the association to actually do it and can award fees and costs to whichever side wins. |
| (3) | An owner cannot stop paying assessments because the association skipped its reserve study, and a budget the owners already ratified stays valid even if the reserve requirements were missed. |
| Ref | Requirement |
|---|---|
| (1) | If more than three years have gone by since a professional prepared the last reserve study, owners controlling twenty percent of the votes can send the board a written demand to put the study in next year's budget. The demand has to cite this section. The board must then include the cost in the next budget, and unless owners reject that budget, arrange for the study. |
- RCW 64.90
- RCW 64.90.065 — Adjustment of dollar amounts
- RCW 64.90.365
- RCW 64.90.370 — Election of preexisting common interest communities, plat communities, miscellaneous communities
- RCW 64.90.410 — Board members, officers, and committees
- RCW 64.90.445 — Board Meetings — Notice and Conduct
- RCW 64.90.450 — Quorum
- RCW 64.90.455 — Unit owner voting
- RCW 64.90.470 — Insurance
- RCW 64.90.480
- RCW 64.90.485
- RCW 64.90.490 — Other liens
- Reserve Study Mandates by State: What the Statutes Say (1), (2), (3) Supporting