Wash. Rev. Code » Title 64 · Chapter 64.34
Revised Code of Washington

Wash. Rev. Code § 64.34.208 (2026)

✓ current as of May 2026
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(1) All provisions of the declaration and bylaws are severable.
(2) The rule against perpetuities may not be applied to defeat any provision of the declaration, bylaws, rules, or regulations adopted pursuant to RCW 64.34.304(1)(a).
(3) In the event of a conflict between the provisions of the declaration and the bylaws, the declaration prevails except to the extent the declaration is inconsistent with this chapter.
(4) The creation of a condominium shall not be impaired and title to a unit and common elements shall not be rendered unmarketable or otherwise affected by reason of an insignificant failure of the declaration or survey map and plans or any amendment thereto to comply with this chapter. Whether a significant failure impairs marketability shall not be determined by this chapter.
[1989 c 43 s 2-103.]
Notes of Decisions
Cited in 4 cases, 2012–2017 · leading case: Newport Yacht Basin v. Supreme Nw., 277 P.3d 18 (Wash. Ct. App. 2012).
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Newport Yacht Basin v. Supreme Nw., 277 P.3d 18 (Wash. Ct. App. 2012). “[16] NYBA asserts that, because the Washington Condominium Act ("WCA"), chapter 64.34 RCW, provides that an "insignificant failure" of the declaration to describe a common area does not impair title to units or common elements, RCW 64.”
Newport Yacht Basin Ass'n of Condo. Owners v. Supreme Nw., Inc., 168 Wash. App. 56 (Wash. Ct. App. 2012). “NYBA asserts that, because the Washington Condominium Act (WCA), chapter 64.34 RCW, provides that an “insignificant failure” of the declaration to describe a common area does not impair title to units or common elements, RCW 64.”
Granville Condo. Homeowners Ass'n v. Kuehner, 312 P.3d 702 (Wash. Ct. App. 2013). “” RCW 64.34.208(3). The HOA’s motion for partial summary judgment did not address its claim that the Kuehners should pay the $7,780.”
Donald Leo v. Diana Court Owners Ass'n (Wash. Ct. App. 2017). · cites it 3× “208(3) provides that when there is a conflict between a condominium’s declaration and its bylaws, the declaration prevails. RCW 64.34.360(3)(a) states that, to the extent required by a condominium’s declaration, “[a]ny common expense associated with the operation, maintenance,…”
— Wash. Rev. Code § 64.34.208(3) — 2 cases
Granville Condo. Homeowners Ass'n v. Kuehner, 312 P.3d 702 (Wash. Ct. App. 2013). “” RCW 64.34.208(3). The HOA’s motion for partial summary judgment did not address its claim that the Kuehners should pay the $7,780.”
Donald Leo v. Diana Court Owners Ass'n (Wash. Ct. App. 2017). “208(3) provides that when there is a conflict between a condominium’s declaration and its bylaws, the declaration prevails. RCW 64.34.360(3)(a) states that, to the extent required by a condominium’s declaration, “[a]ny common expense associated with the operation, maintenance,…”
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