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