| Momentum Bucket | Became Law |
| Legal Title | AN ACT Relating to resale certificates for units in common interest communities; |
| Bill Description | Concerning resale certificates for units in common interest communities. |
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What this bill does
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The bill amends and reenacts parts of Washington law governing resale certificates for units in common interest communities (amending RCW 64.90.640) and reenacts and amends the seller disclosure requirements for sales of improved residential real property (reenacting and amending RCW 64.06.020). For resale certificates it creates detailed substantive and procedural requirements: associations must provide a signed resale certificate based on association books, records, and the signer's actual knowledge within 10 days of an owner’s request, must mark any withheld category with “NONE” or “RECORDS UNAVAILABLE,” and must include a long list of specified disclosures (assessments, reserve study status, recent financial statements and audits, insurance, legal actions, HOA rules and minutes, EV charging requirements, age-restrictions, warranty coverage, and a conspicuous purchaser notice). The bill caps preparation fees at $275 and update fees at $100 within six months, prohibits requiring owners to contract with third parties to obtain the certificate, provides purchaser protections limiting purchaser liability to amounts shown in the certificate and allowing limited contract cancellation or closing extensions depending on timing of delivery, and states a unit owner is not liable to a purchaser for erroneous association-provided information.
The bill also creates an enforcement remedy allowing a unit owner to sue an association or its authorized agent over fees, timeliness, or preparation of a resale certificate, with courts able to award reasonable attorneys’ fees and costs to the prevailing party. Separately, the reenacted and amended seller disclosure law requires sellers to deliver a completed seller disclosure statement (in a specified format) no later than five business days after mutual acceptance unless waived or exempted, gives buyers three business days after delivery to rescind unless waived in writing, requires seller signature and certain required disclosures about property systems, hazards, HOAs, smoke and carbon monoxide devices, and other items, and confirms the disclosure is seller-provided (not a warranty) and that real estate licensees generally are not liable for seller inaccuracies except as specified by statute.
Portions of the text are truncated in the provided material, including the remainder of subsection (4)(a) of the resale certificate provisions and parts of the seller disclosure form, so some specific provisions, definitions, and any additional sections or penalties that may appear in the full bill are not available in the extracted facts.
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Why it matters
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If enacted, common interest community associations will be required to prepare and sign a much more detailed resale certificate and provide it promptly—within 10 days of an owner’s request or before a sale closes—with a capped fee ($275 for preparation, $100 to update within six months) and no requirement that owners use a third party or open an account to get it. The certificate must draw from association records and cover a long list of items (financial statements, reserve study status, assessments due, insurance, pending legal actions, notices of violations, EV charging requirements, and more), and any omitted category must be labeled “NONE” or “RECORDS UNAVAILABLE.” Buyers get stronger protections: they generally cannot be held for unpaid assessments above the amount shown in the certificate, have limited cancellation or closing-extension rights tied to the timing of delivery (typically five business days), and are protected from certain undisclosed unit alterations; unit owners are not liable to buyers for erroneous association-provided information. Unit owners may sue associations or agents over fees, timeliness, or preparation errors, and courts can award reasonable attorneys’ fees to the prevailing party.
The people most affected are association boards and their agents, who will need to assemble, verify, and deliver a lot more documentation on a tight schedule and face greater exposure to litigation and fee-shifting if they fail to comply, though their ability to charge owners is limited by the caps. Buyers and sellers are affected by clearer disclosure timing and rescission rules (sellers must deliver a completed seller disclosure within five business days after mutual acceptance unless waived, and buyers then have three business days to rescind), and sellers must answer many condition and environmental questions (with a partial exemption for new, never-occupied construction). The bill text in the provided excerpts is incomplete in places (some subsections are truncated and full definitions or penalties are not shown), so exact enforcement procedures and any additional requirements or exceptions are uncertain.
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| Official Documents | View Full Bill Text |
| Date Introduced | 02/11/2025 |
| Originating Chamber | House |
| Biennium | 2025-26 |
| Total Campaign Dollars Backing Bill | $3,865,666.00 |
| HOUSING AND HOMES |
| Hearing | House Housing (Public) |
| Hearing | House Housing (Public) |
| Hearing | House Housing (Executive) |
| Hearing | Senate Housing (Public) |
| Hearing | Senate Housing (Executive) |