Revised Code of Washington
Wash. Rev. Code § 64.32.040 (2026)
✓ current as of May 2026
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Each apartment owner shall be entitled to the exclusive ownership and possession of his or her apartment but any apartment may be jointly or commonly owned by more than one person. Each apartment owner shall have the common right to a share, with other apartment owners, in the common areas and facilities.
Notes of Decisions
Cited in 8
cases, 1984–2019 · leading case: Lake v. Woodcreek Homeowners Ass'n, 243 P.3d 1283 (Wash. 2010).
Lake v. Woodcreek Homeowners Ass'n, 243 P.3d 1283 (Wash. 2010). “” RCW 64.32.040. ¶4 A common area, under the HPRA’s catchall definition of “ ‘[cjommon areas and facilities,’ ” includes the “parts of the property necessary or convenient to its existence, maintenance and safety, or normally in common use.”
Rouse v. Glascam Builders, Inc., 677 P.2d 125 (Wash. 1984). “The nature of ownership interests in a condominium is defined in RCW 64.32.040: Each apartment owner shall be entitled to the exclusive ownership and possession of his apartment but any apartment may be jointly or commonly owned by more than one person.”
Lake v. Woodcreek Homeowners Ass'n, 229 P.3d 791 (Wash. 2010). “" RCW 64.32.040. ¶ 4 A common area, under the HPRA's catchall definition of "`[c]ommon areas and facilities,'" includes the "parts of the property necessary or convenient to its existence, maintenance and safety, or normally in common use.”
Fairway Estates Ass'n of Apt. Owners v. Unknown Heirs & Devisees of Young, 289 P.3d 675 (Wash. Ct. App. 2012). “” RCW 64.32.040. When read in conjunction, these statutory provisions make clear that the HPRA contemplates situations in which an apartment unit is defined to exclude the underlying fee simple interest of a lessor — after all, an apartment owner who owns his or her unit by way…”
Lake v. Woodcreek Homeowners Ass'n, 243 P.3d 1283 (Wash. 2010). “" RCW 64.32.040. ¶ 4 A common area, under the HPRA's catchall definition of "`[c]ommon areas and facilities,'" includes the "parts of the property *1286 necessary or convenient to its existence, maintenance and safety, or normally in common use.”
Lake v. Woodcreek Homeowners Ass'n, 142 Wash. App. 356 (Wash. Ct. App. 2007). “RCW 64.32.040 (“Each apartment owner shall have the common right to a share, with other apartment owners, in the common areas and facilities.”
Lake v. Woodcreek Homeowners Ass'n, 174 P.3d 1224 (Wash. Ct. App. 2007). “[22] RCW 64.32.040 ("Each apartment owner shall have the common right to a share, with other apartment owners, in the common areas and facilities.”
Denise Brackett Woodley v. Style Corp. D/b/a (Wash. Ct. App. 2019). “”67 Common elements are, generally, “all parts of a condominium other than the units.”68 Common elements include the building’s roof.”
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