1. What Are the Pertinent Acts Relating to Condominiums?

ANSWER: There are three pertinent acts that relate to condominiums in the State of Washington.

The first act is the Washington Horizontal Property Regimes Act, Chapter 64.32 RCW (HPRA). HPRA was enacted in 1963.

The second act is the Washington Condominium Act, Chapter 64.34 adopted in 1989 and effective July 1, 1990 (WCA).

The third act is Engrossed House Bill 1848 adopted on May 13, 2005 and effective August 1, 2005, amending RCW 64.34.415, 64.34.410, and 64.34.100; adding a new section to chapter 64.34 RCW; and adding a new chapter to Title 64 RCW (i.e Chapter 64.55) .

PRACTICE TIP: It is important to know whether a Condominium Declaration was recorded prior or after July 1, 1990 as Condominium Declarations recorded under the former Act, HPRA, are deficient in a number of areas including the following:

a) HPRA does not provide significant statutory guidance in areas such as Declarant’s ability to expand or contract a Condominium;

b) HPRA does not provide significant statutory guidance regarding the rights and responsibilities of Owners’ Associations;

c) HPRA does not provide guidance on the conversion of existing buildings to condominiums;

d) HPRA does not define the obligations of the Declarant to unit owners or the Association particularly during and following the development period;

e) HPRA does not contain public disclosure warranties or other consumer protections, (e.g. Public Offering Statement and Resale Certificate requirements).

Condominiums created before July 1, 1990, while governed by HPRA are nevertheless subject to some of the provisions of the WCA including the requirement for Sellers other than the Declarant to provide Resale Certificates.

It is also important to know whether any permits or Public Offering Statements were issued after August 1, 2005, which would subject the condominium to the design and inspection regulations under HB 1848.