Wash. Rev. Code » Title 64 · Chapter 64.34

Wash. Rev. Code § 64.34.010

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(1) This chapter applies to all condominiums created within this state after July 1, 1990. RCW 64.34.040 (separate titles and taxation), RCW 64.34.050 (applicability of local ordinances, regulations, and building codes), RCW 64.34.060 (condemnation), RCW 64.34.208 (construction and validity of declaration and bylaws), RCW 64.34.268 (1) through (7) and (10) (termination of condominium), RCW 64.34.212 (description of units), RCW 64.34.304(1) (a) through (f) and (k) through (t) (powers of unit owners' association), RCW 64.34.308(1) (board of directors and officers), RCW 64.34.340 (voting—proxies), RCW 64.34.344 (tort and contract liability), RCW 64.34.354 (notification on sale of unit), RCW 64.34.360(3) (common expenses—assessments), RCW 64.34.364 (lien for assessments), RCW 64.34.372 (association records), RCW 64.34.425 (resales of units), RCW 64.34.455 (effect of violation on rights of action; attorney's fees), RCW 64.34.380 through 64.34.392 (reserve studies and accounts), and RCW 64.34.020 (definitions) to the extent necessary in construing any of those sections, apply to all condominiums created in this state before July 1, 1990; but those sections apply only with respect to events and circumstances occurring after July 1, 1990, and do not invalidate or supersede existing, inconsistent provisions of the declaration, bylaws, or survey maps or plans of those condominiums.
(2) The provisions of chapter 64.32 RCW do not apply to condominiums created after July 1, 1990, and do not invalidate any amendment to the declaration, bylaws, and survey maps and plans of any condominium created before July 1, 1990, if the amendment would be permitted by this chapter. The amendment must be adopted in conformity with the procedures and requirements specified by those instruments and by chapter 64.32 RCW. If the amendment grants to any person any rights, powers, or privileges permitted by this chapter which are not otherwise provided for in the declaration or chapter 64.32 RCW, all correlative obligations, liabilities, and restrictions in this chapter also apply to that person.
(3) This chapter does not apply to condominiums or units located outside this state.
(4) RCW 64.34.400 (applicability—waiver), RCW 64.34.405 (liability for public offering statement requirements), RCW 64.34.410 (public offering statement—general provisions), RCW 64.34.415 (public offering statement—conversion condominiums), RCW 64.34.420 (purchaser's right to cancel), RCW 64.34.430 (escrow of deposits), RCW 64.34.440 (conversion condominiums—notice—tenants-relocation assistance), and RCW 64.34.455 (effect of violations on rights of action—attorney's fees) apply with respect to all sales of units pursuant to purchase agreements entered into after July 1, 1990, in condominiums created before July 1, 1990, in which as of July 1, 1990, the declarant or an affiliate of the declarant owns or had the right to create at least ten units constituting at least twenty percent of the units in the condominium.
[ 2011 c 189 s 6. Prior: 2008 c 115 s 7; 2008 c 114 s 1; 1993 c 429 s 12; 1992 c 220 s 1; 1989 c 43 s 1-102.]

Notes:

Effective date—2011 c 189: See note following RCW 64.38.065.
Notes of Decisions
Cited in 21 cases (4 in the last 5 years), 2000–2026 · leading case: Newport Yacht Basin v. Supreme Northwest
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Newport Yacht Basin v. Supreme Northwest (2012) washctapp “208, NYBA's failure to amend its declaration cannot require that the deed be set aside.”
Viewcrest Condominium Association, Res. v. Brenda L. Robertson, App. (2016) washctapp · cites it 3× “21 RCW 64.34.010(1) (“This chapter applies to all condominiums created within this state after July 1, 1990.”
Keller v. Sixty-01 Associates of Apartment Owners (2005) washctapp · cites it 10× “RCW 64.34.010(1). Certain provisions of the Condominium Act also apply to condominiums created under HPRA, if not inconsistent with the condominium’s declaration, and are at issue here.”
Club Envy of Spokane, LLC v. Ridpath Tower Condominium Ass'n (2014) washctapp “RCW 64.34.010. The WCA establishes the procedure by which condominium instruments may be amended and the procedure for challenging such amendments.”
Shorewood West Condominium Ass'n v. Sadri (2000) wash “In Washington, the statutory form of condominium was first authorized with the passage of the Horizontal Property Regimes Act.”
Fairway Estates Ass'n of Apartment Owners v. Unknown Heirs & Devisees of Young (2012) washctapp “RCW 64.34.010. Here, given that the assessments at issue in this case were levied well after July 1,1990, the parties agree that RCW 64.”
Filmore LLLP v. Unit Owners Ass'n (2014) washctapp “The WCA requires condominium declarations to contain certain elements such as the name of the condominium; a legal description of the real property included in the condominium; and, relevant to this case, “[a]ny restrictions in the declaration on use, occupancy, or alienation of…”
Sixty-01 Ass'n of Apartment Owners v. Parsons (2014) wash “RCW 64.34.010(1). The Sixty-01 condominium was created in 1978, so chapter 64.”
1223 Spring Street Owners Assoc, V. Randall Steichen (2023) washctapp · cites it 3× “Steichen argues that the Association’s amended declaration did not take effect until July 1, 1990, and thus needed to adhere to the WCA.”
Suzanne Parisien v. Eighty South Jackson Condominium Ass'n (2025) washctapp · cites it 3× “RCW 64.34.010(1). The sections of the WCA that extend to condominium associations established before July 1990 apply only to circumstances occurring after July 1, 1990.”
Donald Leo v. Diana Court Owners Association (2017) washctapp · cites it 2× “208(3) provides that when there is a conflict between a condominium’s declaration and its bylaws, the declaration prevails.”
Lisa Thompson, V Landmarc Vi Condominium Homeowners Assoc., Et Ano. (2026) washctapp · cites it 2× “455 was in error because RCW 64.34.010 sets out the applicability of the Condominium Act, which states that this chapter applies to all condominiums created in Washington after July 1,1990.”
Show all 21 citing cases →
— Wash. Rev. Code § 64.34.010(1) — 9 cases
Viewcrest Condominium Association, Res. v. Brenda L. Robertson, App. (2016) washctapp “21 RCW 64.34.010(1) (“This chapter applies to all condominiums created within this state after July 1, 1990.”
Keller v. Sixty-01 Associates of Apartment Owners (2005) washctapp “RCW 64.34.010(1). Certain provisions of the Condominium Act also apply to condominiums created under HPRA, if not inconsistent with the condominium’s declaration, and are at issue here.”
Sixty-01 Ass'n of Apartment Owners v. Parsons (2014) wash “RCW 64.34.010(1). The Sixty-01 condominium was created in 1978, so chapter 64.”
1223 Spring Street Owners Assoc, V. Randall Steichen (2023) washctapp “Steichen argues that the Association’s amended declaration did not take effect until July 1, 1990, and thus needed to adhere to the WCA.”
Suzanne Parisien v. Eighty South Jackson Condominium Ass'n (2025) washctapp “RCW 64.34.010(1). The sections of the WCA that extend to condominium associations established before July 1990 apply only to circumstances occurring after July 1, 1990.”
— Wash. Rev. Code § 64.34.010(2) — 3 cases
Keller v. Sixty-01 Associates of Apartment Owners (2005) washctapp “RCW 64.34.010(1). Certain provisions of the Condominium Act also apply to condominiums created under HPRA, if not inconsistent with the condominium’s declaration, and are at issue here.”
Viewcrest Condominium Association, Res. v. Brenda L. Robertson, App. (2016) washctapp “21 RCW 64.34.010(1) (“This chapter applies to all condominiums created within this state after July 1, 1990.”
Gretchen Michels v. Farmers Insurance Exchange (2019) washctapp
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