RCW 64.90.295
Rights of secured lenders.
(1) The declaration may require that all or a specified number or percentage of the lenders who hold security interests encumbering the units or who have extended credit to the association approve specified actions of the unit owners or the association as a condition to the effectiveness of those actions, but no requirement for approval may operate to:
(a) Deny or delegate control over the general administrative affairs of the association by the unit owners or the board;
(b) Prevent the association or the board from commencing, intervening in, or settling any litigation or proceeding; or
(c) Prevent any insurance trustee or the association from receiving and distributing any insurance proceeds except pursuant to RCW 64.90.470.
(2) With respect to any action requiring the consent of a specified number or percentage of mortgagees, the consent of only eligible mortgagees holding a first lien security interest need be obtained and the percentage must be based upon the votes attributable to units with respect to which eligible mortgagees have an interest.
(3) A lender who has extended credit to an association secured by an assignment of income or an encumbrance on the common elements may enforce its security agreement in accordance with its terms, subject to the requirements of this chapter and other law. A requirement that the association must deposit its periodic common charges before default with the lender to which the association's income has been assigned, or increase its common charges at the lender's direction by amounts reasonably necessary to amortize the loan in accordance with its terms, does not violate the prohibitions on lender approval contained in subsection (1) of this section.
[ 2018 c 277 § 220.]
Structure Revised Code of Washington
Title 64 - Real Property and Conveyances
Chapter 64.90 - Washington Uniform Common Interest Ownership Act.
64.90.015 - No variation by agreement.
64.90.020 - Separate titles and taxation.
64.90.025 - Applicability of local ordinances, regulations, and building codes.
64.90.035 - Supplemental general principles of law applicable.
64.90.040 - Construction against implicit repeal.
64.90.045 - Application—Construction.
64.90.050 - Unconscionable agreement or term of contract.
64.90.055 - Obligation of good faith.
64.90.065 - Adjustment of dollar amounts.
64.90.070 - Electronic signatures in global and national commerce act.
64.90.075 - Common interest communities, new.
64.90.080 - Common interest communities, preexisting.
64.90.085 - Common interest communities, amendments to.
64.90.090 - Prior condominium statutes.
64.90.095 - Election of preexisting common interest communities.
64.90.100 - Common interest communities, nonresidential and mixed-use.
64.90.105 - Common interest communities, out-of-state.
64.90.110 - Exempt real estate arrangements.
64.90.115 - Other exempt covenants.
64.90.200 - Common interest communities, creation of.
64.90.205 - Reservation of name.
64.90.215 - Construction and validity of governing documents.
64.90.220 - Description of units.
64.90.225 - Declaration—Contents.
64.90.230 - Leasehold common interest communities.
64.90.235 - Allocated interests.
64.90.240 - Limited common elements.
64.90.245 - Maps—Exception—Amendments—Requirements—Recording.
64.90.250 - Development rights.
64.90.255 - Common elements and units—Alterations.
64.90.260 - Unit boundaries—Relocation.
64.90.265 - Subdivision and combination of units.
64.90.270 - Monuments as boundaries.
64.90.285 - Amendment of declaration.
64.90.295 - Rights of secured lenders.
64.90.300 - Master association.
64.90.305 - Delegation of power to subassociations.
64.90.310 - Merger or consolidation.
64.90.315 - Addition of unspecified real estate.
64.90.320 - Large scale communities.
64.90.325 - Judicial termination.
64.90.400 - Unit owners association—Organization.
64.90.405 - Powers and duties.
64.90.410 - Board members, officers, and committees.
64.90.415 - Period of declarant control—Transition.
64.90.420 - Transfer of association property.
64.90.425 - Transfer of special declarant rights.
64.90.430 - Contracts and leases—Termination.
64.90.435 - Organizational documents.
64.90.440 - Maintenance, repair, replacement—Liability of unit owner—Inspection.
64.90.455 - Unit owner voting.
64.90.460 - Liability—Tolling.
64.90.465 - Conveyance or encumbrance of common elements.
64.90.475 - Accounts and records—Reconciliation.
64.90.480 - Assessments and capital contributions.
64.90.485 - Liens—Enforcement—Notice of delinquency.
64.90.495 - Association records.
64.90.500 - Association as trustee.
64.90.513 - Electric vehicle charging stations.
64.90.520 - Officers and board members—Removal.
64.90.525 - Budgets—Assessments—Special assessments.
64.90.530 - Financial statements—Association funds.
64.90.540 - Reserve account—Withdrawals.
64.90.550 - Reserve study—Contents.
64.90.555 - Reserve study—Demand—Enforcement.
64.90.560 - Reserve account—Reserve study—Reserve disclosure—Liability.
64.90.600 - Applicability—Waiver.
64.90.605 - Public offering statement—Liability.
64.90.610 - Public offering statement—General provisions—Notice.
64.90.615 - Public offering statement—Common interest communities subject to development rights.
64.90.620 - Public offering statement—Conversion buildings.
64.90.625 - Public offering statement—Disclosure document.
64.90.630 - Public offering statement—Contract of sale—Conveyance restriction.
64.90.635 - Purchaser's right to cancel.
64.90.640 - Unit resales—Resale certificate.
64.90.655 - Conversion buildings—Tenant rights—City and county requirements—Violations.
64.90.660 - Conversion buildings—Common interest community units—Report.
64.90.665 - Express warranties.
64.90.670 - Implied warranties of quality.
64.90.675 - Implied warranties of quality—Exclusion or modification.
64.90.680 - Warranties of quality—Breach—Actions for construction defect claims.
64.90.690 - Promotional material—Labeling requirement.
64.90.695 - Improvements—Duties of declarant.