CERTIFICATION OF ENROLLMENT
ENGROSSED SUBSTITUTE SENATE BILL 5796
Chapter 321, Laws of 2024
68th Legislature
2024 Regular Session
COMMON INTEREST COMMUNITIES
EFFECTIVE DATE: June 6, 2024—Except for section 319, which takes
effect January 1, 2025; and sections 401 through 432, which take
effect January 1, 2028.
Passed by the Senate February 2, 2024 CERTIFICATE
Yeas 32 Nays 17
I, Sarah Bannister, Secretary of
the Senate of the State of
DENNY HECK Washington, do hereby certify that
President of the Senate the attached is ENGROSSED
SUBSTITUTE SENATE BILL 5796 as
passed by the Senate and the House
of Representatives on the dates
Passed by the House March 6, 2024 hereon set forth.
Yeas 61 Nays 35
SARAH BANNISTER
LAURIE JINKINS
Secretary
Speaker of the House of
Representatives
Approved March 28, 2024 10:37 AM FILED
March 29, 2024
Secretary of State
JAY INSLEE State of Washington
Governor of the State of Washington
 ENGROSSED SUBSTITUTE SENATE BILL 5796
Passed Legislature - 2024 Regular Session
State of Washington 68th Legislature 2024 Regular Session
By Senate Law & Justice (originally sponsored by Senators Pedersen,
Rivers, Kuderer, Nobles, and Shewmake; by request of Uniform Law
Commission)
READ FIRST TIME 01/26/24.
1 AN ACT Relating to common interest communities; amending RCW
2 64.90.085, 64.90.105, 64.90.300, 64.90.310, 64.90.450, 64.90.480,
3 64.90.520, 64.90.010, 64.90.065, 64.90.100, 64.90.225, 64.90.240,
4 64.90.260, 64.90.270, 64.90.285, 64.90.290, 64.90.405, 64.90.410,
5 64.90.420, 64.90.425, 64.90.445, 64.90.455, 64.90.485, 64.90.485,
6 64.90.495, 64.90.510, 64.90.515, 64.90.570, 64.90.605, 64.90.610,
7 64.90.635, 64.90.640, 7.60.110, 18.85.151, 36.70A.699, 43.185B.020,
8 46.61.419, 58.17.040, 59.18.200, 59.18.650, 61.24.030, 61.24.031,
9 61.24.040, 61.24.165, 61.24.190, 64.35.105, 64.35.405, 64.35.505,
10 64.35.610, 64.50.010, 64.50.040, 64.50.050, 64.55.005, 64.55.010,
11 64.55.070, 64.55.090, 64.55.120, 64.55.130, 64.60.010, 64.70.020,
12 82.02.020, 82.04.4298, 64.32.260, 64.34.076, 64.38.095, 64.90.075,
13 64.90.080, and 64.90.095; reenacting and amending RCW 7.60.025 and
14 64.06.005; adding new sections to chapter 64.90 RCW; recodifying RCW
15 64.90.075, 64.90.080, and 64.90.095; repealing RCW 64.32.010,
16 64.32.020, 64.32.030, 64.32.040, 64.32.050, 64.32.060, 64.32.070,
17 64.32.080, 64.32.090, 64.32.100, 64.32.110, 64.32.120, 64.32.130,
18 64.32.140, 64.32.150, 64.32.160, 64.32.170, 64.32.180, 64.32.190,
19 64.32.200, 64.32.210, 64.32.220, 64.32.230, 64.32.240, 64.32.250,
20 64.32.260, 64.32.270, 64.32.280, 64.32.290, 64.32.300, 64.32.310,
21 64.32.320, 64.32.330, 64.32.900, 64.32.910, 64.32.920, 64.34.005,
22 64.34.010, 64.34.020, 64.34.030, 64.34.040, 64.34.050, 64.34.060,
23 64.34.070, 64.34.073, 64.34.076, 64.34.080, 64.34.090, 64.34.100,
p. 1 ESSB 5796.SL
 1 64.34.110, 64.34.120, 64.34.200, 64.34.202, 64.34.204, 64.34.208,
2 64.34.212, 64.34.216, 64.34.220, 64.34.224, 64.34.228, 64.34.232,
3 64.34.236, 64.34.240, 64.34.244, 64.34.248, 64.34.252, 64.34.256,
4 64.34.260, 64.34.264, 64.34.268, 64.34.272, 64.34.276, 64.34.278,
5 64.34.280, 64.34.300, 64.34.304, 64.34.308, 64.34.312, 64.34.316,
6 64.34.320, 64.34.324, 64.34.328, 64.34.332, 64.34.336, 64.34.340,
7 64.34.344, 64.34.348, 64.34.352, 64.34.354, 64.34.356, 64.34.360,
8 64.34.364, 64.34.368, 64.34.372, 64.34.376, 64.34.380, 64.34.382,
9 64.34.384, 64.34.386, 64.34.388, 64.34.390, 64.34.392, 64.34.394,
10 64.34.395, 64.34.396, 64.34.397, 64.34.398, 64.34.400, 64.34.405,
11 64.34.410, 64.34.415, 64.34.417, 64.34.418, 64.34.420, 64.34.425,
12 64.34.430, 64.34.435, 64.34.440, 64.34.442, 64.34.443, 64.34.445,
13 64.34.450, 64.34.452, 64.34.455, 64.34.460, 64.34.465, 64.34.470,
14 64.34.900, 64.34.910, 64.34.930, 64.34.931, 64.34.940, 64.34.950,
15 64.38.005, 64.38.010, 64.38.015, 64.38.020, 64.38.025, 64.38.028,
16 64.38.030, 64.38.033, 64.38.034, 64.38.035, 64.38.040, 64.38.045,
17 64.38.050, 64.38.055, 64.38.057, 64.38.060, 64.38.062, 64.38.065,
18 64.38.070, 64.38.075, 64.38.080, 64.38.085, 64.38.090, 64.38.095,
19 64.38.100, 64.38.110, 64.38.120, 64.38.130, 64.38.140, 64.38.150,
20 64.38.160, 58.19.010, 58.19.020, 58.19.030, 58.19.045, 58.19.055,
21 58.19.120, 58.19.130, 58.19.140, 58.19.180, 58.19.185, 58.19.190,
22 58.19.265, 58.19.270, 58.19.280, 58.19.300, 58.19.920, 58.19.940,
23 64.04.055, and 64.90.090; providing effective dates; and providing an
24 expiration date.
25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
26 PART I
27 UNLAWFUL RESTRICTIONS IN GOVERNING DOCUMENTS
28 NEW SECTION. Sec. 101. A new section is added to chapter 64.90
29 RCW to read as follows:
30 (1) The board of an association may, without a vote of the unit
31 owners, amend the governing documents to remove an unlawful
32 restriction.
33 (2) A unit owner may request, in a record that sufficiently
34 identifies an unlawful restriction in the governing document, that
35 the board exercise its authority under subsection (1) of this
36 section. Not later than 90 days after the board receives the request,
37 the board shall determine reasonably and in good faith whether the
p. 2 ESSB 5796.SL
 1 governing document includes the unlawful restriction. If the board
2 determines the governing document includes the unlawful restriction,
3 the board not later than 90 days after the determination shall amend
4 the governing document to remove the unlawful restriction.
5 (3) Notwithstanding any provision of the governing document or
6 other law of this state, the board may execute an amendment under
7 this section.
8 (4) An amendment under this section is effective notwithstanding
9 any provision of the governing document or other law of this state
10 that requires a vote of the unit owners to amend the governing
11 document.
12 (5) For purposes of this section and section 102 of this act:
13 (a) "Amendment" means a document that removes an unlawful
14 restriction.
15 (b) "Document" means a record recorded or eligible to be recorded
16 in land records.
17 (c) "Remove" means eliminate any apparent or purportedly
18 continuing effect on title to real property.
19 (d) "Unlawful restriction" means a prohibition, restriction,
20 covenant, or condition in a governing document that purports to
21 interfere with or restrict the transfer, use, or occupancy of a unit:
22 (i) On the basis of race, color, religion, national origin, sex,
23 familial status, disability, or other personal characteristics; and
24 (ii) In violation of other law of this state or federal law.
25 NEW SECTION. Sec. 102. A new section is added to chapter 64.90
26 RCW to read as follows:
27 (1) An amendment under section 101 of this act must identify the
28 association of owners, the real property affected, and the document
29 containing the unlawful restriction. The amendment must include a
30 conspicuous statement in substantially the following form:
31 "This amendment removes from this deed or other document
32 affecting title to real property an unlawful restriction as defined
33 under RCW 64.90.--- (section 101 of this act). This amendment does
34 not affect the validity or enforceability of a restriction that is
35 not an unlawful restriction."
36 (2) The amendment must be executed and acknowledged in the manner
37 required for recordation of a document in the land records. The
38 amendment must be recorded in the land records of each county in
39 which the document containing the unlawful restriction is recorded.
p. 3 ESSB 5796.SL
1 (3) The amendment does not affect the validity or enforceability
2 of any restriction that is not an unlawful restriction.
3 (4) The amendment or a future conveyance of the affected real
4 property is not a republication of a restriction that otherwise would
5 expire by passage of time under other law of this state.
6 PART II
7 2021 AMENDMENTS TO THE UNIFORM COMMON INTEREST OWNERSHIP ACT
8 Sec. 201. RCW 64.90.085 and 2018 c 277 s 118 are each amended to
9 read as follows:
10 Amendments to this chapter apply to all common interest
11 communities ((except those that (1) were created prior to July 1,
12 2018, and (2) have not subsequently amended their governing documents
13 to provide that this chapter will apply to the common interest
14 community pursuant to RCW 64.90.095)) subject to this chapter,
15 regardless of when the amendments become effective.
16 Sec. 202. RCW 64.90.105 and 2018 c 277 s 122 are each amended to
17 read as follows:
18 This chapter does not apply to a common interest community
19 located outside this state, but RCW 64.90.605 and 64.90.610, and, to
20 the extent applicable, RCW 64.90.615 and 64.90.620, apply to a
21 contract for the disposition of a unit in that common interest
22 community signed in this state by any party unless exempt under RCW
23 64.90.600(2).
24 Sec. 203. RCW 64.90.300 and 2018 c 277 s 221 are each amended to
25 read as follows:
26 (1) ((If the declaration provides that any of the powers
27 described in RCW 64.90.405 are to be exercised by or may be delegated
28 to a for-profit or nonprofit corporation or limited liability company
29 that exercises those or other powers on behalf of one or more common
30 interest communities or for the benefit of the unit owners of one or
31 more common interest communities, all)) A declaration may:
32 (a) Delegate a power under RCW 64.90.405(1) from the unit owners
33 association to a master association;
34 (b) Provide for exercise of the powers under RCW 64.90.405(1) by
35 a master association that also serves as the unit owners association
36 for the common interest community; and
p. 4 ESSB 5796.SL
 1 (c) Reserve a special declarant right to make the common interest
2 community subject to a master association.
3 (2) All provisions of this chapter applicable to unit owners
4 associations apply to ((any such corporation or limited liability
5 company)) the master association, except as modified by this section.
6 (((2))) (3) A unit owners association may delegate a power under
7 RCW 64.90.405(1) to a master association without amending the
8 declaration. The board of the unit owners association shall give
9 notice to the unit owners of a proposed delegation and include a
10 statement that unit owners may object in a record to the delegation
11 not later than 30 days after delivery of the notice. The delegation
12 becomes effective if the board does not receive a timely objection
13 from unit owners of units to which at least 10 percent of the votes
14 in the association are allocated. If the board receives a timely
15 objection by at least 10 percent of the votes, the delegation becomes
16 effective only if the unit owners vote under RCW 64.90.455 to approve
17 the delegation by a majority vote. The delegation is not effective
18 until the master association accepts the delegation.
19 (4) A delegation under subsection (1)(a) of this section may be
20 revoked only by an amendment to the declaration.
21 (5) At a meeting of the unit owners which lists in the notice of
22 the meeting the subject of delegation of powers from the board to a
23 master association, the unit owners may revoke the delegation by a
24 majority of the votes cast at the meeting. The effect of revocation
25 on the rights and obligations of parties under a contract between a
26 unit owners association and a master association is determined by law
27 of this state other than this chapter.
28 (6) Unless it is acting in the capacity of ((an)) a unit owners
29 association ((described in RCW 64.90.400)), a master association may
30 exercise the powers set forth in RCW 64.90.405(1)(b) only to the
31 extent expressly permitted in the declarations of common interest
32 communities that are part of the master association or expressly
33 described in the delegations of power from those common interest
34 communities to the master association.
35 (((3) If the declaration of any common interest community
36 provides that the board may delegate certain powers to a master
37 association, the board is not liable for the acts or omissions of the
38 master association with respect to those powers following delegation.
39 (4))) (7) After a unit owners association delegates a power to a
40 master association, the unit owners association, its board members,
p. 5 ESSB 5796.SL
 1 and its officers are not liable for an act or omission of the master
2 association with respect to the delegated power.
3 (8) The rights and responsibilities of unit owners with respect
4 to the unit owners association set forth in RCW 64.90.410, 64.90.445,
5 64.90.450, 64.90.455, 64.90.465, and 64.90.505 apply in the conduct
6 of the affairs of a master association only to persons who elect the
7 board of a master association, whether or not those persons are
8 otherwise unit owners within the meaning of this chapter.
9 (((5) If a master association is also an association described in
10 RCW 64.90.400, the organizational documents of the master association
11 and the declaration of each common interest community, the powers of
12 which are assigned by the declaration or delegated to the master
13 association, may provide that)) (9) Not later than 90 days after
14 termination of a period of declarant control of the master
15 association, the board of the master association must be elected
16 ((after the period of declarant control)) in ((any)) one of the
17 following ways:
18 (a) ((All)) The unit owners of all common interest communities
19 subject to the master association may elect all members of the master
20 association's board; or
21 (b) ((All board members of all common interest communities
22 subject to the master association may elect all members of the master
23 association's board;
24 (c) All)) The unit owners in, or the board of, each common
25 interest community subject to the master association ((may)) elect
26 ((specified)) one or more members of the master association's
27 board((; or
28 (d) All board members of each common interest community subject
29 to the master association may elect specified members of the master
30 association's board)) if the instruments governing the master
31 association apportion the seats on the board to each common interest
32 community in a manner roughly proportional to the number of units in
33 each common interest community.
34 (10) A period of declarant control of the master association
35 under subsection (9) of this section terminates not later than the
36 earlier of:
37 (a) The termination under RCW 64.90.415 of all periods of
38 declarant control of all common interest communities subject to the
39 master association under RCW 64.90.415; or
p. 6 ESSB 5796.SL
 1 (b) 60 days after conveyance to unit owners other than a
2 declarant of 75 percent of the units that may be created in all
3 common interest communities subject to the master association.
4 Sec. 204. RCW 64.90.310 and 2018 c 277 s 223 are each amended to
5 read as follows:
6 (1) Any two or more common interest communities ((of the same
7 form of ownership, by agreement of the unit owners as provided in
8 subsection (2) of this section,)) may be merged or consolidated under
9 subsection (2) of this section into a single common interest
10 community by agreement of the unit owners or exercise of a special
11 declarant right. In the event of a merger or consolidation, unless
12 the agreement otherwise provides, the resultant common interest
13 community is the legal successor, for all purposes, of all of the
14 preexisting common interest communities, and the operations and
15 activities of all associations of the preexisting common interest
16 communities are merged or consolidated into a single association that
17 holds all powers, rights, obligations, assets, and liabilities of all
18 preexisting associations.
19 (2) An agreement of two or more common interest communities to
20 merge or consolidate pursuant to subsection (1) of this section must
21 be evidenced by an agreement prepared, executed, recorded, and
22 certified by the president of the association of each of the
23 preexisting common interest communities following approval by unit
24 owners of units to wh