Revised Code of Washington
Wash. Rev. Code § 64.34.455 (2026)
✓ current as of May 2026
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If a declarant or any other person subject to this chapter fails to comply with any provision hereof or any provision of the declaration or bylaws, any person or class of persons adversely affected by the failure to comply has a claim for appropriate relief. The court, in an appropriate case, may award reasonable attorney's fees to the prevailing party.
[1989 c 43 s 4-115.]
Notes of Decisions
Cited in 36
cases (6 in the last 5 years), 2000–2026 · leading case: Satomi Owners Ass'n v. Satomi, LLC, 225 P.3d 213 (Wash. 2009).
Satomi Owners Ass'n v. Satomi, LLC, 225 P.3d 213 (Wash. 2009). “” RCW 64.34.455. Our decision in this appeal does not determine the prevailing party for purposes of RCW 64.”
Eagle Point Condo. Owners Ass'n v. Coy, 9 P.3d 898 (Wash. Ct. App. 2000). “RCW 64.34.455. The Association asks to have the damage award increased by $2,800 to include the cost of *706 installing dock railings.”
One Pac. Towers Homeowners'ass'n v. Hal Real Est. Inv., 30 P.3d 504 (Wash. Ct. App. 2001). “The trial court later awarded $73,894 in attorney fees pursuant to RCW 64.34.455 against the Owners. The Owners appeal.”
Granville Condo. Homeowners Ass'n v. Kuehner, 312 P.3d 702 (Wash. Ct. App. 2013). “The Kuehners also argue that under RCW 64.34.455, the superior court should have awarded them reasonable attorney fees in this action.”
One Pac. Towers Homeowners' Ass'n v. HAL Real Est. Investments, Inc., 108 Wash. App. 330 (Wash. Ct. App. 2001). “The trial court later awarded $73,894 in attorney fees pursuant to RCW 64.34.455 against the Owners. The Owners appeal.”
Bilanko v. Barclay Court Owners Ass'n, 375 P.3d 591 (Wash. 2016). “RCW 64.34.455 grants courts the discretion to award attorney fees to the “prevailing party.”
One Pac. Towers Homeowners'ass'n v. Hal Real Est. Investments, Inc., 61 P.3d 1094 (Wash. 2002). “On cross motions for summary judgment, the trial court held that none of the defendants was a declarant or a dealer within the meaning of the Act.”
Park Avenue Condo. Owners Ass'n v. Buchan Developments, LLC, 71 P.3d 692 (Wash. Ct. App. 2003). “Litigation Expenses The trial court awarded Park Avenue its reasonable attorney fees under RCW 64.34.455. Park Avenue contends the court should have construed the term "attorney fees" liberally to allow for an additional award of litigation expenses in order to make it whole.”
Park Avenue Condo. Owners Ass'n v. Buchan Developments, L.L.C., 117 Wash. App. 369 (Wash. Ct. App. 2003). “Litigation Expenses The trial court awarded Park Avenue its reasonable attorney fees under RCW 64.34.455. Park Avenue contends the court should have construed the term “attorney fees” liberally to allow for an additional award of litigation expenses in order to make it whole.”
Marina Cove Condo. Owners Ass'n v. Isabella Estates, 34 P.3d 870 (Wash. Ct. App. 2001). “12 In this case, it is RCW 64.34.455 that creates a cause of action.”
Filmore LLLP v. Unit Owners Ass'n, 183 Wash. App. 328 (Wash. Ct. App. 2014). “18 Filmore also refers to a bylaw that is not in our record as well as the trial court’s summary judgment order below, in which the court ordered that “both parties retain rights to make claims for attorney’s fees to be reviewed through subsequent proceedings before this court.”
Marina Condo. Homeowner's Ass'n v. Stratford at the Marina, LLC, 254 P.3d 827 (Wash. Ct. App. 2011). “RCW 64.34.455 5 permits an award of fees to a prevailing party in an action brought under a condominium declaration.”
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