RCW 64.34.394
Installation of drought resistant landscaping or wildfire ignition resistant landscaping.
(1) The declaration of a condominium and any bylaws, rules, and regulations adopted by the association may not prohibit the installation of drought resistant landscaping or wildfire ignition resistant landscaping. However, the declaration or bylaws, rules, and regulations may include reasonable rules regarding the placement and aesthetic appearance of drought resistant landscaping or wildfire ignition resistant landscaping, as long as the rules do not render the use of drought resistant landscaping or wildfire ignition resistant landscaping unreasonably costly or otherwise effectively infeasible.
(2) If a property is located within the geographic designation of an order of a drought condition issued by the department of ecology under RCW 43.83B.405, an association may not impose a fine or assessment against an owner, or resident on the owner's property, for reducing or eliminating the watering of vegetation or lawns for the duration of the drought condition order.
(3) Nothing in this section may be construed to prohibit or restrict the establishment and maintenance of a fire buffer within the building ignition zone.
(4) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Building ignition zone" means a building and surrounding area up to two hundred feet from the foundation.
(b) "Drought resistant landscaping" means the use of any noninvasive vegetation adapted to arid or dry conditions, stone, or landscaping rock.
(c) "Firewise" means the firewise communities program developed by the national fire protection association, which encourages local solutions for wildfire safety by involving homeowners, community leaders, planners, developers, firefighters, and others in the effort to protect people and property from wildfire risks.
(d) "Wildfire ignition resistant landscaping" includes:
(i) Any landscaping tools or techniques, or noninvasive vegetation, that do not readily ignite from a flame or other ignition source; or
(ii) The use of firewise methods to reduce ignition risk in a building ignition zone.
[ 2020 c 9 § 3.]
NOTES:
Findings—Intent—2020 c 9: See note following RCW 64.38.057.
Structure Revised Code of Washington
Title 64 - Real Property and Conveyances
Chapter 64.34 - Condominium Act.
64.34.005 - Findings—Intent—2004 c 201.
64.34.030 - Variation by agreement.
64.34.040 - Separate interests—Taxation.
64.34.050 - Local ordinances, regulations, and building codes—Applicability.
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.
64.34.208 - 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.
64.34.260 - 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.
64.34.328 - Upkeep of condominium.
64.34.340 - Voting—In person, absentee ballots, proxies.
64.34.344 - Tort and contract liability.
64.34.348 - Common elements—Conveyance—Encumbrance.
64.34.354 - Insurance—Conveyance.
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.
64.34.395 - Electric vehicle charging stations.
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.
64.34.430 - 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.
64.34.452 - 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.
64.34.930 - Effective date—1989 c 43.
64.34.931 - Effective date—2004 c 201 §§ 1-13.