Revised Code of Washington

Wash. Rev. Code § 64.34.308 (2026)

✓ current as of May 2026

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(1) Except as provided in the declaration, the bylaws, subsection (2) of this section, or other provisions of this chapter, the board of directors shall act in all instances on behalf of the association. In the performance of their duties, the officers and members of the board of directors are required to exercise: (a) If appointed by the declarant, the care required of fiduciaries of the unit owners; or (b) if elected by the unit owners, ordinary and reasonable care.

(2) The board of directors shall not act on behalf of the association to amend the declaration in any manner that requires the vote or approval of the unit owners pursuant to RCW 64.34.264, to terminate the condominium pursuant to RCW 64.34.268, or to elect members of the board of directors or determine the qualifications, powers, and duties, or terms of office of members of the board of directors pursuant to subsection (7) of this section; but the board of directors may fill vacancies in its membership for the unexpired portion of any term.

(3) Except as provided in RCW 64.90.080, 64.90.405(1) (b) and (c), and 64.90.525, within thirty days after adoption of any proposed budget for the condominium, the board of directors shall provide a summary of the budget to all the unit owners and shall set a date for a meeting of the unit owners to consider ratification of the budget not less than fourteen nor more than sixty days after mailing of the summary. Unless at that meeting the owners of units to which a majority of the votes in the association are allocated or any larger percentage specified in the declaration reject the budget, the budget is ratified, whether or not a quorum is present. In the event the proposed budget is rejected or the required notice is not given, the periodic budget last ratified by the unit owners shall be continued until such time as the unit owners ratify a subsequent budget proposed by the board of directors.

(4) As part of the summary of the budget provided to all unit owners, the board of directors shall disclose to the unit owners:

(a) The current amount of regular assessments budgeted for contribution to the reserve account, the recommended contribution rate from the reserve study, and the funding plan upon which the recommended contribution rate is based;

(b) If additional regular or special assessments are scheduled to be imposed, the date the assessments are due, the amount of the assessments per each unit per month or year, and the purpose of the assessments;

(c) Based upon the most recent reserve study and other information, whether currently projected reserve account balances will be sufficient at the end of each year to meet the association's obligation for major maintenance, repair, or replacement of reserve components during the next thirty years;

(d) If reserve account balances are not projected to be sufficient, what additional assessments may be necessary to ensure that sufficient reserve account funds will be available each year during the next thirty years, the approximate dates assessments may be due, and the amount of the assessments per unit per month or year;

(e) The estimated amount recommended in the reserve account at the end of the current fiscal year based on the most recent reserve study, the projected reserve account cash balance at the end of the current fiscal year, and the percent funded at the date of the latest reserve study;

(f) The estimated amount recommended in the reserve account based upon the most recent reserve study at the end of each of the next five budget years, the projected reserve account cash balance in each of those years, and the projected percent funded for each of those years; and

(g) If the funding plan approved by the association is implemented, the projected reserve account cash balance in each of the next five budget years and the percent funded for each of those years.

(5)(a) Subject to subsection (6) of this section, the declaration may provide for a period of declarant control of the association, during which period a declarant, or persons designated by the declarant, may: (i) Appoint and remove the officers and members of the board of directors; or (ii) veto or approve a proposed action of the board or association. A declarant's failure to veto or approve such proposed action in writing within thirty days after receipt of written notice of the proposed action shall be deemed approval by the declarant.

(b) Regardless of the period provided in the declaration, a period of declarant control terminates no later than the earlier of: (i) Sixty days after conveyance of seventy-five percent of the units which may be created to unit owners other than a declarant; (ii) two years after the last conveyance or transfer of record of a unit except as security for a debt; (iii) two years after any development right to add new units was last exercised; or (iv) the date on which the declarant records an amendment to the declaration pursuant to which the declarant voluntarily surrenders the right to further appoint and remove officers and members of the board of directors. A declarant may voluntarily surrender the right to appoint and remove officers and members of the board of directors before termination of that period pursuant to (i), (ii), and (iii) of this subsection (5)(b), but in that event the declarant may require, for the duration of the period of declarant control, that specified actions of the association or board of directors, as described in a recorded instrument executed by the declarant, be approved by the declarant before they become effective.

(6) Not later than sixty days after conveyance of twenty-five percent of the units which may be created to unit owners other than a declarant, at least one member and not less than twenty-five percent of the members of the board of directors must be elected by unit owners other than the declarant. Not later than sixty days after conveyance of fifty percent of the units which may be created to unit owners other than a declarant, not less than thirty-three and one-third percent of the members of the board of directors must be elected by unit owners other than the declarant.

(7) Within thirty days after the termination of any period of declarant control, the unit owners shall elect a board of directors of at least three members, at least a majority of whom must be unit owners. The number of directors need not exceed the number of units then in the condominium. The board of directors shall elect the officers. Such members of the board of directors and officers shall take office upon election.

(8) Notwithstanding any provision of the declaration or bylaws to the contrary, the unit owners, by a two-thirds vote of the voting power in the association present and entitled to vote at any meeting of the unit owners at which a quorum is present, may remove any member of the board of directors with or without cause, other than a member appointed by the declarant. The declarant may not remove any member of the board of directors elected by the unit owners. Prior to the termination of the period of declarant control, the unit owners, other than the declarant, may remove by a two-thirds vote, any director elected by the unit owners.

[ 2019 c 238 s 219; 2011 c 189 s 2; 1992 c 220 s 15; 1989 c 43 s 3-103.]

Notes:

Effective date—2011 c 189: See note following RCW 64.38.065.

Notes of Decisions

Cited in 23 cases (2 in the last 5 years), 2002–2025 · leading case: Bellevue Pac. Ctr. Condo. Owners Ass'n v. Bellevue Pac. Tower Condo. Ass'n, 100 P.3d 832 (Wash. Ct. App. 2004).

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Bellevue Pac. Ctr. Condo. Owners Ass'n v. Bellevue Pac. Tower Condo. Ass'n, 100 P.3d 832 (Wash. Ct. App. 2004). · cites it 6× “The sunset of declarant control is not provided for in the Center condominium declaration because it is not required under the declaration and further is not required by RCW 64.34.308. ¶11 The Tower Association argues its point differently, claiming the voting scheme violates…”

Kelsey Lane Homeowners Ass'n v. Kelsey Lane Co., Inc., 103 P.3d 1256 (Wash. Ct. App. 2005). · cites it 2× “[43] RCW 64.34.308(1). [44] RCW 64.34.308(1)(a).”

Burien Town Square Condo. Assoc., App v. Burien Town Square Parcel 1, Llc, Resps, 416 P.3d 1286 (Wash. Ct. App. 2018). · cites it 9× “one year after the period of declarant control ends" The statute states that an action must be commenced within four years after the cause of action accrues: PROVIDED, That the period for commencing an action for a breach accruing pursuant to subsection (2)(b) of this section…”

Alexander v. Sanford, 325 P.3d 341 (Wash. Ct. App. 2014). “RCW 64.34.308(1). The statute clearly dictates that the members of the board of directors owe duties to the unit owners when appointed by the declarant.”

One Pac. Towers Homeowners'ass'n v. Hal Real Est. Investments, Inc., 61 P.3d 1094 (Wash. 2002). “This recordation requirement is important to determine the duration of the period of declarant control pursuant to RCW 64.34.308(4), as well as to place unit owners on notice of all persons entitled to exercise the special rights of a declarant under this Act.”

State Farm Fire & Cas. Co. v. English Cove Assocs., Inc., 88 P.3d 986 (Wash. Ct. App. 2004). “3d 1094 (2002) (The “recordation requirement is important to determine the duration of the period of declarant control pursuant to RCW 64.34.308(4), as well as to place unit owners on notice of all persons entitled to exercise the special rights of a declarant -under this Act.”

State Farm Fire & Cas. Co. v. English Cove Ass'n, Inc., 88 P.3d 986 (Wash. Ct. App. 2004). “3d 1094 (2002) (The "recordation requirement is important to determine the duration of the period of declarant control pursuant to RCW 64.34.308(4), as well as to place unit owners on notice of all persons entitled to exercise the special rights of a declarant under this Act.”

Casey v. Sudden Valley Cmty. Ass'n, 329 P.3d 919 (Wash. Ct. App. 2014). · cites it 2× “” RCW 64.34.308. We question this premise, as the language cited does not appear to require that conclusion and plaintiffs cite no legislative history or other support for this argument.”

1223 Spring Street Owners Assoc, V. Randall Steichen (Wash. Ct. App. 2023). · cites it 10× “308(3) and (4), and breached its duties under RCW 64.34.308 and the governing documents.”

Canal Station North Condo. Ass'n v. Ballard Leary Phase II, LP, 322 P.3d 1229 (Wash. Ct. App. 2013). “Likewise, board members owe fiduciary duties to unit owners under RCW 64.34.308(1). ¶29 Furthermore, reading “the parties” as “all parties to a lawsuit” renders another provision of the WCA superfluous.”

Jeff & John Graham v. Heather Rankos & George Rankos (Wash. Ct. App. 2016). · cites it 6× “Since the vote was insufficient, the Association believed the vote failed under RCW 64.34.308(8). The Association later learned foreclosure proceedings had begun on Unit 1913-C, one of Jeff’s units.”

Shamim Mohandessi & Joseph Grace, Apps/cross-res. v. Urban Venture, Llc, Res/cross-apps., 459 P.3d 407 (Wash. Ct. App. 2020). “Such person might include unit owners, persons exercising a declarant’s right of appointment pursuant to RCW 64.34.308(4), or the association. A claim for appropriate relief might include damages, injunctive relief, specific performance, rescission or reconveyance if appropriate…”

Show all 23 citing cases →

— Wash. Rev. Code § 64.34.308(1) — 10 cases

Kelsey Lane Homeowners Ass'n v. Kelsey Lane Co., Inc., 103 P.3d 1256 (Wash. Ct. App. 2005). “[43] RCW 64.34.308(1). [44] RCW 64.34.308(1)(a).”

Aspen Grove Owners Ass'n v. Park Promenade Apts., LLC, 842 F. Supp. 2d 1298 (W.D. Wash. 2012).

Suzanne Parisien v. Eighty South Jackson Condo. Ass'n (Wash. Ct. App. 2025).

— Wash. Rev. Code § 64.34.308(1)(a) — 1 case

Kelsey Lane Homeowners Ass'n v. Kelsey Lane Co., Inc., 103 P.3d 1256 (Wash. Ct. App. 2005). “[43] RCW 64.34.308(1). [44] RCW 64.34.308(1)(a).”

— Wash. Rev. Code § 64.34.308(3) — 3 cases

Casey v. Sudden Valley Cmty. Ass'n, 329 P.3d 919 (Wash. Ct. App. 2014). “” RCW 64.34.308. We question this premise, as the language cited does not appear to require that conclusion and plaintiffs cite no legislative history or other support for this argument.”

1223 Spring Street Owners Assoc, V. Randall Steichen (Wash. Ct. App. 2023). “308(3) and (4), and breached its duties under RCW 64.34.308 and the governing documents.”

Sudden Valley Cmty. Ass'n, App v. Curt Casey, Dave Scott, Barbara Volkov, Resps (Wash. Ct. App. 2014).

— Wash. Rev. Code § 64.34.308(4) — 5 cases

1223 Spring Street Owners Assoc, V. Randall Steichen (Wash. Ct. App. 2023). “308(3) and (4), and breached its duties under RCW 64.34.308 and the governing documents.”

— Wash. Rev. Code § 64.34.308(4)(a) — 1 case

Bellevue Pac. Ctr. Condo. Owners Ass'n v. Bellevue Pac. Tower Condo. Ass'n, 100 P.3d 832 (Wash. Ct. App. 2004). “The sunset of declarant control is not provided for in the Center condominium declaration because it is not required under the declaration and further is not required by RCW 64.34.308. ¶11 The Tower Association argues its point differently, claiming the voting scheme violates…”

— Wash. Rev. Code § 64.34.308(5) — 1 case

Burien Town Square Condo. Assoc., App v. Burien Town Square Parcel 1, Llc, Resps, 416 P.3d 1286 (Wash. Ct. App. 2018). “one year after the period of declarant control ends" The statute states that an action must be commenced within four years after the cause of action accrues: PROVIDED, That the period for commencing an action for a breach accruing pursuant to subsection (2)(b) of this section…”

— Wash. Rev. Code § 64.34.308(5)(a) — 1 case

— Wash. Rev. Code § 64.34.308(5)(b) — 1 case

— Wash. Rev. Code § 64.34.308(5)(b)(i) — 1 case

— Wash. Rev. Code § 64.34.308(5)(b)(iii) — 1 case

— Wash. Rev. Code § 64.34.308(5)(b)(iv) — 1 case

— Wash. Rev. Code § 64.34.308(6) — 1 case

— Wash. Rev. Code § 64.34.308(8) — 1 case

Jeff & John Graham v. Heather Rankos & George Rankos (Wash. Ct. App. 2016). “Since the vote was insufficient, the Association believed the vote failed under RCW 64.34.308(8). The Association later learned foreclosure proceedings had begun on Unit 1913-C, one of Jeff’s units.”

— Wash. Rev. Code § 64.34.308(l)(a) — 1 case

Kelsey Lane Homeowners Ass'n v. Kelsey Lane Co., 125 Wash. App. 227 (Wash. Ct. App. 2005).

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