This is a significant change aimed at addressing the lack of new condominium construction in the state by reducing liability for builders. The bill, which took effect on July 27, 2025, amends the Washington Uniform Common Interest Ownership Act (WUCIOA) and the Condominium Act.
Changes to Warranties: The law modifies the implied warranty of quality for condominiums. For units created on or after the bill’s effective date, a developer or dealer can now provide an express warranty of quality, which may allow them to be exempt from some of the existing implied warranties.
Exemptions for Smaller Projects: The law provides specific exemptions for certain types of projects, including accessory dwelling units (ADUs) and buildings with 12 or fewer units, from some building enclosure design and inspection requirements, provided they offer a qualifying express warranty. This is intended to encourage smaller, more affordable condominium developments.
Impact on Owners: While this bill is designed to increase the supply of condos, it also changes the legal recourse available to owners for construction defects. Owners in new developments may now be subject to the terms of an express warranty rather than the implied warranty standards that previously applied. This could affect how defects are addressed and the process for pursuing legal action.
