Wash. Rev. Code § 64.90.509

Current through 2024
Section 64.90.509 - Governing documents, may not vary provision of chapter-Exceptions
(1) Except as provided in subsection (2) of this section, the governing documents may not vary a provision of this chapter that gives a right to or imposes an obligation or liability on a unit owner, declarant, association, or board.
(2) The governing documents may vary the following provisions as provided in the provision:
(a)RCW 64.90.020(1), concerning classification of a cooperative unit as real estate or personal property;
(b)RCW 64.90.030 (2) and (3), concerning reallocation of allocated interests and allocation of proceeds after a taking by eminent domain;
(c)RCW 64.90.360(4), 64.90.370, and 64.90.100, concerning elections regarding applicability of this chapter;
(d)RCW 64.90.210, concerning boundaries between units and common elements;
(e)RCW 64.90.240 (2) and (3), concerning reallocation of limited common elements;
(f)RCW 64.90.245(11), concerning horizontal boundaries of units;
(g)RCW 64.90.255, concerning alterations of units and common elements made by unit owners;
(h)RCW 64.90.260 (1) and (2), concerning relocation of boundaries between units;
(i)RCW 64.90.265 (1) and (2), concerning subdivision and combination of units;
(j)RCW 64.90.275, concerning sales offices, management offices, models, and signs maintained by a declarant;
(k)RCW 64.90.280 (1) and (3), concerning easements through, and rights to use, common elements;
(l)RCW 64.90.285 (1), (6), and (9), concerning the percentage of votes and consents required to amend the declaration;
(m)RCW 64.90.290 (1) and (8), concerning the percentage of votes required to terminate a common interest community and priority of creditors of a cooperative;
(n)RCW 64.90.405 (2)(p), (4)(c), and (5)(c), concerning an association's assignment of rights to future income, the number of votes required to reject a proposal to borrow funds, and the right to terminate a lease or evict a tenant;
(o)RCW 64.90.410 (1) and (2), concerning the board acting on behalf of the association and the election of officers by the board;
(p)RCW 64.90.440 (1) and (4), concerning responsibility for maintenance, repair, and replacement of units and common elements and treatment of income or proceeds from real estate subject to development rights;
(q)RCW 64.90.445, concerning meetings;
(r)RCW 64.90.450, concerning quorum requirements for meetings;
(s)RCW 64.90.455, concerning unit owner voting;
(t)RCW 64.90.465 (1), (2), and (7), concerning the percentage of votes required to convey or encumber common elements and the effect of conveyance or encumbrance of common elements;
(u)RCW 64.90.470, concerning insurance for a nonresidential common interest community;
(v)RCW 64.90.475(2), concerning payment of surplus funds of the association;
(w)RCW 64.90.485 (7) and (20), concerning priority and foreclosure of liens held by two or more associations and additional remedies for collection of assessments as permitted by law;
(x)RCW 64.90.520(4), concerning the board's ability to remove an officer elected by the board;
(y)RCW 64.90.545(2), concerning applicability of reserve study requirements to certain types of common interest communities; and
(z)RCW 64.90.525(1), concerning the percentage of votes required to reject a budget.

RCW 64.90.509

Added by 2024 c 321,§ 303, eff. 6/6/2024.