Washington § 64.90.715 - Unit owner inquiries to associations.

(1) When a unit owner or the unit owner's authorized agent files a written inquiry by certified mail with an association regarding one or more topics related to either association governance or operations, or both, the association must respond, in the form of a record, to the unit owner or the unit owner's authorized agent within 30 days after receipt of the inquiry. The 30-day response deadline may be extended to allow:

(a) For the inquiry to be reviewed by the board at the next regularly scheduled board meeting, provided such meetings are scheduled at least monthly;

(b) For 30 additional days to respond to a complex inquiry;

(c) Time for the board to seek a legal or other third-party opinion when one is required for an adequate response. Notwithstanding any other provision of this chapter, an association must treat its costs related to obtaining a discretionary legal and/or third-party professional opinion as a common expense and may not specially assess those costs on any unit.

(2) The association must either give a substantive response to the inquirer or notify the inquirer that additional time is reasonably necessary to respond, such as when a legal opinion or other third-party professional opinion has been requested. For the purposes of this section, a "substantive response" includes, but is not limited to, a factual explanation, reference to governing documents, reference to association records already available for inspection by owners, statement of current association practices, or other responsive information reasonably available to the association. An association is not required to obtain a legal opinion or other third-party professional opinion in order to provide a substantive response unless reasonably necessary to address the inquiry.

(3) In any action or proceeding arising out of an inquiry subject to this section including, but not limited to, any litigation, mediation, arbitration, or administrative proceedings, the prevailing party is entitled to recover its reasonable attorneys' fees and costs.

(4) The association may adopt reasonable rules and regulations regarding the frequency and manner of responding to inquiries, one of which may be that the association is only obligated to respond to one written inquiry per unit in any 30-day period. In such a case, the association must respond to any additional inquiry or inquiries in the subsequent 30-day period, or periods, as applicable. Nothing in this section precludes a unit owner from asking more than one question as part of a single inquiry.

(5) Nothing in this section is intended to override other provisions of this chapter including, but not limited to, RCW 64.90.495.