Current through the 2024 Regular Session
Section 64.90.300 - Master association(1) A declaration may: (a) Delegate a power under RCW 64.90.405(1) from the unit owners association to a master association;(b) Provide for exercise of the powers under RCW 64.90.405(1) by a master association that also serves as the unit owners association for the common interest community; and(c) Reserve a special declarant right to make the common interest community subject to a master association.(2) All provisions of this chapter applicable to unit owners associations apply to the master association, except as modified by this section.(3) A unit owners association may delegate a power under RCW 64.90.405(1) to a master association without amending the declaration. The board of the unit owners association shall give notice to the unit owners of a proposed delegation and include a statement that unit owners may object in a record to the delegation not later than 30 days after delivery of the notice. The delegation becomes effective if the board does not receive a timely objection from unit owners of units to which at least 10 percent of the votes in the association are allocated. If the board receives a timely objection by at least 10 percent of the votes, the delegation becomes effective only if the unit owners vote under RCW 64.90.455 to approve the delegation by a majority vote. The delegation is not effective until the master association accepts the delegation.(4) A delegation under subsection (1)(a) of this section may be revoked only by an amendment to the declaration.(5) At a meeting of the unit owners which lists in the notice of the meeting the subject of delegation of powers from the board to a master association, the unit owners may revoke the delegation by a majority of the votes cast at the meeting. The effect of revocation on the rights and obligations of parties under a contract between a unit owners association and a master association is determined by law of this state other than this chapter.(6) Unless it is acting in the capacity of a unit owners association, a master association may exercise the powers set forth in RCW 64.90.405(1)(b) only to the extent expressly permitted in the declarations of common interest communities that are part of the master association or expressly described in the delegations of power from those common interest communities to the master association.(7) After a unit owners association delegates a power to a master association, the unit owners association, its board members, and its officers are not liable for an act or omission of the master association with respect to the delegated power.(8) The rights and responsibilities of unit owners with respect to the unit owners association set forth in RCW 64.90.410, 64.90.445, 64.90.450, 64.90.455, 64.90.465, and 64.90.505 apply in the conduct of the affairs of a master association only to persons who elect the board of a master association, whether or not those persons are otherwise unit owners within the meaning of this chapter.(9) Not later than 90 days after termination of a period of declarant control of the master association, the board of the master association must be elected in one of the following ways: (a) The unit owners of all common interest communities subject to the master association may elect all members of the master association's board; or(b) The unit owners in, or the board of, each common interest community subject to the master association elect one or more members of the master association's board if the instruments governing the master association apportion the seats on the board to each common interest community in a manner roughly proportional to the number of units in each common interest community.(10) A period of declarant control of the master association under subsection (9) of this section terminates not later than the earlier of:(a) The termination under RCW 64.90.415 of all periods of declarant control of all common interest communities subject to the master association under RCW 64.90.415; or(b) 60 days after conveyance to unit owners other than a declarant of 75 percent of the units that may be created in all common interest communities subject to the master association.Amended by 2024 c 321,§ 203, eff. 6/6/2024.Added by 2018 c 277,§ 221, eff. 7/1/2018.