Revised Code of Washington
Chapter 64.34 - Condominium Act.
64.34.228 - Limited common elements.

RCW 64.34.228
Limited common elements.

(1) Except for the limited common elements described in RCW 64.34.204 (2) and (4), the declaration shall specify to which unit or units each limited common element is allocated.
(2) Except in the case of a reallocation being made by a declarant pursuant to a development right reserved in the declaration, a limited common element may only be reallocated between units with the approval of the board of directors and by an amendment to the declaration executed by the owners of the units to which the limited common element was and will be allocated. The board of directors shall approve the request of the owner or owners under this subsection within thirty days, or within such other period provided by the declaration, unless the proposed reallocation does not comply with this chapter or the declaration. The failure of the board of directors to act upon a request within such period shall be deemed approval thereof. The amendment shall be recorded in the names of the parties and of the condominium.
(3) Unless otherwise provided in the declaration, the owners of units to which at least sixty-seven percent of the votes are allocated, including the owner of the unit to which the limited common element will be assigned or incorporated, must agree to reallocate a common element as a limited common element or to incorporate a common element or a limited common element into an existing unit. Such reallocation or incorporation shall be reflected in an amendment to the declaration, survey map, or plans.

[ 1992 c 220 § 9; 1989 c 43 § 2-108.]

Structure Revised Code of Washington

Revised Code of Washington

Title 64 - Real Property and Conveyances

Chapter 64.34 - Condominium Act.

64.34.005 - Findings—Intent—2004 c 201.

64.34.010 - Applicability.

64.34.020 - Definitions.

64.34.030 - Variation by agreement.

64.34.040 - Separate interests—Taxation.

64.34.050 - Local ordinances, regulations, and building codes—Applicability.

64.34.060 - Condemnation.

64.34.070 - Law applicable—General principles.

64.34.073 - Application of chapter 64.55 RCW.

64.34.076 - Application to common interest communities.

64.34.080 - Contracts—Unconscionability.

64.34.090 - Obligation of good faith.

64.34.100 - Remedies liberally administered.

64.34.200 - Creation of condominium.

64.34.202 - Reservation of condominium name.

64.34.204 - Unit boundaries.

64.34.208 - Declaration and bylaws—Construction and validity.

64.34.212 - Description of units.

64.34.216 - Contents of declaration.

64.34.220 - Leasehold condominiums.

64.34.224 - Common element interests, votes, and expenses—Allocation.

64.34.228 - Limited common elements.

64.34.232 - Survey maps and plans.

64.34.236 - Development rights.

64.34.240 - Alterations of units.

64.34.244 - Relocation of boundaries—Adjoining units.

64.34.248 - Subdivision of units.

64.34.252 - Monuments as boundaries.

64.34.256 - Use by declarant.

64.34.260 - Easement rights—Common elements.

64.34.264 - Amendment of declaration.

64.34.268 - Termination of condominium.

64.34.272 - Rights of secured lenders.

64.34.276 - Master associations.

64.34.278 - Delegation of power to subassociations.

64.34.280 - Merger or consolidation.

64.34.300 - Unit owners' association—Organization.

64.34.304 - Unit owners' association—Powers.

64.34.308 - Board of directors and officers.

64.34.312 - Control of association—Transfer.

64.34.316 - Special declarant rights—Transfer.

64.34.320 - Contracts and leases—Declarant—Termination.

64.34.324 - Bylaws.

64.34.328 - Upkeep of condominium.

64.34.332 - Meetings.

64.34.336 - Quorums.

64.34.340 - Voting—In person, absentee ballots, proxies.

64.34.344 - Tort and contract liability.

64.34.348 - Common elements—Conveyance—Encumbrance.

64.34.352 - Insurance.

64.34.354 - Insurance—Conveyance.

64.34.356 - Surplus funds.

64.34.360 - Common expenses—Assessments.

64.34.364 - Lien for assessments—Notice of delinquency.

64.34.368 - Liens—General provisions.

64.34.372 - Association records—Funds.

64.34.376 - Association as trustee.

64.34.380 - Reserve account—Reserve study—Annual update.

64.34.382 - Reserve study—Contents.

64.34.384 - Reserve account—Withdrawals.

64.34.386 - Reserve study—Demand by owners—Study not timely prepared.

64.34.388 - Reserve study—Decision making.

64.34.390 - Reserve study—Reserve account—Immunity from liability.

64.34.392 - Reserve account and study—Exemption—Disclosure.

64.34.394 - Installation of drought resistant landscaping or wildfire ignition resistant landscaping.

64.34.395 - Electric vehicle charging stations.

64.34.396 - Notice.

64.34.400 - Applicability—Waiver.

64.34.405 - Public offering statement—Requirements—Liability.

64.34.410 - Public offering statement—General provisions.

64.34.415 - Public offering statement—Conversion condominiums.

64.34.417 - Public offering statement—Use of single disclosure document.

64.34.418 - Public offering statement—Contract of sale—Restriction on interest conveyed.

64.34.420 - Purchaser's right to cancel.

64.34.425 - Resale of unit.

64.34.430 - Escrow of deposits.

64.34.435 - Release of liens—Conveyance.

64.34.440 - Conversion condominiums—Notice—Tenants—Relocation assistance.

64.34.442 - Conversion condominium projects—Report.

64.34.443 - Express warranties of quality.

64.34.445 - Implied warranties of quality—Breach.

64.34.450 - Implied warranties of quality—Exclusion—Modification—Disclaimer—Express written warranty.

64.34.452 - Warranties of quality—Breach—Actions for construction defect claims.

64.34.455 - Effect of violations on rights of action—Attorney's fees.

64.34.460 - Labeling of promotional material.

64.34.465 - Improvements—Declarant's duties.

64.34.470 - Conversion condominium notice.

64.34.900 - Short title.

64.34.910 - Section captions.

64.34.930 - Effective date—1989 c 43.

64.34.931 - Effective date—2004 c 201 §§ 1-13.

64.34.940 - Construction against implicit repeal.

64.34.950 - Uniformity of application and construction.