(1) Except as provided otherwise in this section, RCW
64.90.365 and
64.90.375, this chapter applies to all common interest communities.
(2) Before January 1, 2028, this chapter applies only to:
(a) A common interest community created on or after July 1, 2018; and
(b) A common interest community created before July 1, 2018, that amends its declaration to elect to be subject to this chapter.
(a) Do not apply to common interest communities subject to this chapter; and
(b) Apply to a common interest community created before July 1, 2018, only until the community becomes subject to this chapter.
(4)(a) Unless the declaration provides that this entire chapter is applicable, a plat community or miscellaneous community that is not subject to any development right is subject only to:
(i) RCW
64.90.010,
64.90.015,
64.90.020,
64.90.025,
64.90.030,
64.90.035,
64.90.040,
64.90.045,
64.90.050,
64.90.055,
64.90.060,
64.90.065,
64.90.070,
64.90.085, **
64.90.090,
64.90.100,
64.90.105,
64.90.110,
64.90.115,
64.90.210,
64.90.225,
64.90.230,
64.90.235,
64.90.240,
64.90.245,
64.90.255,
64.90.260,
64.90.265,
64.90.280,
64.90.285,
64.90.290,
64.90.300,
64.90.340,
64.90.350,
64.90.360,
64.90.400,
64.90.405,
64.90.410,
64.90.415,
64.90.420,
64.90.435,
64.90.445,
64.90.450,
64.90.455,
64.90.465,
64.90.480,
64.90.485,
64.90.490,
64.90.495,
64.90.502,
64.90.505,
64.90.510,
64.90.511,
64.90.5111,
64.90.512,
64.90.513,
64.90.515,
64.90.518,
64.90.520,
64.90.525,
64.90.530,
64.90.535,
64.90.540,
64.90.545,
64.90.550,
64.90.555,
64.90.560,
64.90.565,
64.90.570,
64.90.575,
64.90.580,
64.90.585,
64.90.640, and
64.90.685, if the community:
(A) Contains no more than 50 units; and
(B) Provides in its declaration that the annual average assessment of all units restricted to residential purposes, exclusive of optional user fees, may not exceed $1,000, as adjusted pursuant to RCW
64.90.065; or
(A) Consists of no more than six units that are all middle housing as defined under RCW
36.70A.030; and
(B) Provides in its declaration that the annual average assessment of all units restricted to middle housing residential purposes, exclusive of optional user fees, may not exceed $1,000, as adjusted pursuant to RCW
64.90.065.
(b) The exemptions provided in this subsection apply only if:
(i) The declaration provides that the assessment may not be increased above the limitation in (a)(i)(B) or (a)(ii)(B) of this subsection prior to the transition meeting without the consent of unit owners, other than the declarant, holding 90 percent of the votes in the association, and the declarant reasonably believes in good faith that the maximum stated assessment will be sufficient to pay the expenses of the association in perpetuity; or
(ii) The declaration has been amended to provide that the assessment may not be increased above the limitation in (a)(i)(B) or (a)(ii)(B) of this subsection, and the unit owners voting to approve the amendment reasonably believe in good faith that the maximum stated assessment will be sufficient to pay the expenses of the association in perpetuity.
(5) Before January 1, 2028, except as otherwise provided in RCW
64.90.365, this chapter does not apply to any common interest community created within this state on or after July 1, 2018, if:
(a) That common interest community is made part of a common interest community created in this state prior to July 1, 2018, pursuant to a right expressly set forth in the declaration of the preexisting common interest community; and
(b) The declaration creating that common interest community expressly subjects that common interest community to the declaration of the preexisting common interest community pursuant to such right described in (a) of this subsection.
