Subdivision, Condo, and Co-op Law Update

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A row of homes

Washington Gov. Jay Inslee signed a bill on April 30, 2019, updating the 2019 law that applies to subdivisions, condominiums, and cooperatives in Washington.  The new law, SB 5334, will be effective on July 28, 2019, and it amends several Washington Uniform Common Interest Ownership Act (WUCIOA) provisions. (Click here to review our previous blog post about WUCIOA.)

Most of SB 5334’s changes are technical corrections (fixing incorrect references, typos, etc.).  However, there are a few substantive, important changes:

  • The law explicitly grants HOA board members the communities available to officers and directors under RCW chapter 24.06;
  • The law explicitly requires condominiums to comply with building codes, under the implied warranties of quality;
  • A declaration must now state on the first page whether WUCIOA applies to the declaration and HOA;
  • Maps must now identify the unit number of any unit with horizontal boundaries;
  • Notice of board meetings must now be given no less than 14 and no more than 50 days in advance (used to be up to 60 days in advance);
  • The law explicitly requires someone suing for breaches of the implied warranties of quality to prove the alleged breach is more than technical, is significant, and has caused or will cause physical damage;
  • The law now explicitly explains that WUCIOA does NOT apply to new phases of common interest communities created prior to July 1, 2018, if the declaration of the pre-existing community expressly sets forth the right toadd/build/create a new phase.

PLEASE NOTE: We have paraphrased SB 5334’s changes to the law. Contact us for additional information before deciding what the statutory language actually means or how the language applies to any particular situation.

Attorneys:  Steve Horenstein, Maren Calvert, Natalya Belonozhko

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