WHAT CONDOMINIUM LAW ARE YOU GOVERNED BY?  

 

Think of Condo Laws as a Partnership Agreement.  Provisions Every Owner Must Abide By, once owning the condo, MUST!  The Declaration is also known as Covidents, Conditions, and Regulations or CC&Rs) is a binding document that is designed to bring equality, not fairness, among the owners.  This is your primary governing document.  You will find bylaws that are there to assist in administering the declaration, and often policies and administrative rules, all binding.

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There are now three statutes in Washington State that govern condominiums. 

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1. Those developed on or after        July 1, 2018 - RCW 64.90

2. Those developed on or after        July 1, 1990 - RCW 64.34

3. Those developed before              July 1, 1990 - RCW 64.32

 

In the process of updating:

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The new condo law, RCW 64.90 WASHINGTON UNIFORM COMMON INTEREST OWNERSHIP ACT is a much broader statute, and covers more than just condos, plus it has provisions that affect the RCW 64.34 and 64.32 statutes (In the process of updating).

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All condominiums formed before July 1, 1990 were formed under the Horizontal Property Regimes Act, which is codified in the Revised Code of Washington (RCW) at Chapter 64.32.  Otherwise known as the “Old Act,” this statute was the first condominium statute in Washington State.

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What about condos formed after July 1, 1990?  A new statute was adopted into law, and that statute is called the Condominium Act.  The Condo Act, or “New Act,” is codified at RCW 64.34, and was modeled after the Uniform Condominium Act, which is a model statute adopted by about 17 states – with or without revisions by each state.

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Be careful, though – many provisions of the New Act automatically apply to Old Act condos.  Here’s how that works: with respect to events that take place after July 1, 1990, and only to the extent that they don’t invalidate, or supersede existing, inconsistent provisions in the Declaration some portion of the New Act also apply to Old Act condos.  You will find some provisions, such as the “Reserve Requirements” that are only found in the Condominium Act – "New Act", but is applicable to the “Old Act” For easy reference The two condo laws are often referred to as the Old Act and New Act for easy reference on this website.

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One of the big differences between the Acts is the New Act is more specific and was updated based on what was leaned over the years after the original Old Act law.  Many condos have not updated their Declaration (CC&Rs) and where the Old Act can be vague in parts the New Act is more specific.   In a PDF of the two laws the Old Act is 19 pages and the New Act is 130 pages.

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It may seem confusing, and it is.  If you are a homeowner or board member of a condominium association, the best thing to do is to work with an attorney that is experienced in condominium law.  It may not be enough to work with a real estate attorney, condominium law is a highly specialized area of the law, and your association will be better served by a lawyer with experience in this field.  

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One of the goals of the Edmonds Condominium Council is to educate perspective owners, owners living in a condo, their boards and officers.  We look forward to networking and education events.

 

Homeowners’ Association Law – This is an Association of homeowners, not a condo.

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What if you live in a homeowners’ association (HOA) instead of a condominium?  HOAs are an entirely different “beast.”  They are governed by the very short Homeowners’ Associations Act, which is codified at RCW 64.38.  Unfortunately, the HOA Act doesn’t say very much about many of the issues that can come up in running an HOA.  Fortunately, associations aren’t governed only by the laws they’re created under; they are also subject to their own governing documents, including the bylaws and administrative rules.  Often the broader and shorter the Declaration/ CC&Rs are, the more defined the bylaws and administrative rules are.  The Declaration, however, is the king of the hill. (This can get confusing as many often refer generically to most condo boards as an HOA).

 

Other Community Types and Applicable Laws

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There are other types of community associations that are not governed by the Old Act, the New Act, or the HOA Act.  For example, co-ops have been around far longer than condominiums, and are generally governed by corporations law.  In Washington, the applicable statute is the Non-Profit Corporations Act (RCW  24.03).  This statue and other corporation statutes can also apply to condos and HOAs in some situations.

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In addition, there are other federal and state laws that can apply to all community association types.  The Fair Debt Collection Practices Act (FDCPA) governs what actions third-party debt collectors (such as your association attorney) can and cannot take when attempting to collect unpaid association dues from homeowners.  The Fair Housing Act and federal regulations about satellite dishes are other examples.

 

Conclusion

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Find any of this confusing?  When in doubt, make the first questions is “what primary law are we governed by.”  As you can see, there are many laws that may apply to specific issues facing your community association, and sometimes figuring out which ones are relevant is difficult.  Likely, however, if you are buying a multi-unit - apartment in a building you are covered by the Old Act or New Act and which Act will depend on the date as mentioned in the second paragraph of this page. 

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Remember, we are trying to educate you on the basic, anyone buying a condo should in our opinion consult an attorney who knows the condo laws.  If you are a board member, the condo should have a budget for an attorney, who them to obtain legal opinions and any contracts, including any modifications to the Declaration.

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The bottom line, if you are buying a condo, spend the money to get the advice, if you are on the board or an owner insist on using a qualified attorney.  Again, it is best to use an attorney who understands condo law.  Do not pay on your dime to educate them.  Remember, same goes for the real estate agent.

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