The Washington Legislature recently approved a new law updating the Washington Uniform Common Interest Ownership Act ("WUCIOA"; RCW 64.90) in various ways. The most significant changes related to condominium liability.
Under the new law, officers and board members of condominiums are entitled to the same immunity from liability that is available to officers and directors of nonprofit corporations. The new law establishes that condominium developers' warranties to unit purchasers include construction in accordance with engineering and construction standards, including applicable building codes, generally accepted in the state of Washington at the time of construction. It also provides that physical damage to the unit or common elements, material impairment of the performance of mechanical, electrical, plumbing, elevator, or similar building equipment, or an actual, unreasonable safety risk to the occupants of the condominium is a necessary element to establish breach of warranty.
The new law takes effect on July 28, 2019. The periodic enactment of state laws is one reason that condominium and homeowners associations should consider an ongoing relationship with an attorney who focuses on community association law.
