It’s important to understand the history of Washington State’s laws regarding common interest communities, including condominiums. The laws are undergoing significant changes, particularly with the implementation of the Washington Uniform Common Interest Ownership Act (WUCIOA). Here’s a breakdown of the changes over time:
Key Legislative Shifts:
- Washington Condominium Act (RCW 64.34):
- This act has governed condominiums created between July 1, 1990, and June 30, 2018. It brought more specific regulations compared to the previous Horizontal Property Regimes Act (RCW 64.32).
- Highlights include:
- Established clearer guidelines for the creation and management of condominiums.
- Provided consumer protections, including implied warranties for construction defects.
- Set rules for association powers, unit owner rights, and financial management.
- Washington Uniform Common Interest Ownership Act (WUCIOA):
- WUCIOA (RCW 64.90) is a comprehensive act that aims to standardize the laws governing all common interest communities, including condominiums, homeowners’ associations, and cooperatives.
- It applies fully to communities created on or after July 1, 2018.
- Highlights include:
- Uniform regulations for various types of common interest communities.
- Provisions for meetings, voting, and record-keeping.
- Rules regarding assessments, common elements, and easements.
- Provisions for electric vehicle charging stations.
- “WUCIOA For All” (SB 5796):
- This legislation will bring all existing common interest communities under WUCIOA, effectively repealing RCW 64.32 and 64.34, effective January 1, 2028.
- Highlights include:
- Standardization of governance across all common intrest communities.
- Requires existing communities to amend governing documents to comply with WUCIOA.
- This will create a uniform set of rules for all communities, regardless of when they were created.
Key Changes and Impacts:
- Standardization:
- The move towards WUCIOA aims to eliminate the confusion caused by having different sets of rules for different types of communities.
- Increased Consumer Protection:
- WUCIOA includes provisions that protect the rights of unit owners, particularly in areas like construction defects and financial transparency.
- Modernization:
- The act addresses modern issues, such as the installation of electric vehicle charging stations.
- Governance and Transparency:
- WUCIOA strengthens rules regarding association meetings, voting procedures, and access to records, promoting greater transparency and accountability.
It’s crucial for condominium and homeowner associations in Washington State to be aware of these changes and to take steps to ensure their governing documents comply with the new regulations.
