Washington § 64.90.600 - Applicability — Waiver.

(1) RCW 64.90.605 through 64.90.695 apply to all units subject to this chapter, except as provided in subsections (2) and (3) of this section.

(2) RCW 64.90.605 through 64.90.695 do not apply in the case of:

(a) A conveyance by gift, devise, or descent;

(b) A conveyance pursuant to court order;

(c) A conveyance by a government or governmental agency;

(d) A conveyance by foreclosure;

(e) A conveyance of all of the units in a common interest community in a single transaction;

(f) A conveyance to other than a purchaser;

(g) An agreement to convey that may be canceled at any time and for any reason by the purchaser without penalty;

(h) A conveyance of a unit restricted to nonresidential uses, except and to the extent otherwise agreed to in writing by the seller and purchaser of that unit.

(3) RCW 64.90.665, 64.90.670, 64.90.675, 64.90.680, 64.90.690, and 64.90.695 apply only to condominiums created under this chapter, and do not apply to other common interest communities.

(4) RCW 64.90.640 applies to all units subject to this chapter unless the buyer of a unit within a common interest community has expressly waived the receipt of a resale certificate because it is unavailable. For purposes of this subsection and RCW 64.90.640(1), a resale certificate is unavailable if:

(a) The seller attests that the association failed to provide the resale certificate within 10 days of request and delivery of payment pursuant to the requirements of RCW 64.90.640(2);

(b) The seller indicates in the seller disclosure statement required by chapter 64.06 RCW that there is no homeowners' association and no regular periodic assessments;

(c) The seller attests that they have owned the property for at least 365 days and, to the best of the seller's knowledge, the association has not sent notice of an annual meeting, budget ratification, or assessments, or attempted to enforce the covenants in the last five years or since the seller purchased the property, whichever is less; or

(d) The seller attests that they have made three good-faith attempts to request the resale certificate and remit payment to the association or its authorized agent and has not received a response within three business days.