House Bill 2118 adds new sections to four chapters of the Revised Code of Washington (new sections in chapters 64.90, 64.38, 64.34, and 64.32 RCW) creating a rule that an association may not enter into, amend, or enforce a covenant, condition, or restriction that imposes more onerous restrictions on the types of use of a unit, lot, or apartment than those that existed when the owner acquired the property, unless the affected owner expressly agrees in writing at the time of the adoption or amendment. "Types of use" is defined to include lawful residential, agricultural, or commercial uses (unless previously restricted in writing), the ability to rent the property for any amount of time, and the ability to develop the property consistent with applicable laws and regulations. The bill imposes procedural requirements for owners claiming this protection: the owner must request that the association (or a designee) record the owner's exception in every county where the property is located, provide the conveyance date, and pay recording fees. A successor-in-interest generally cannot claim the benefit if the association acted before the successor purchased the property, except where the successor shares ownership with the prior owner or is a lender that acquired the property through foreclosure. The provisions do not apply to covenants not enforceable by an association or those required by federal, state, or local law; they do not invalidate covenants that existed before the sections’ effective date and do not create a private right of action for pre-effective-date actions or omissions. Sections added to chapters 64.38 and 64.34 include an explicit expiration date of January 1, 2028; the text for the section added to chapter 64.32 RCW is incomplete in the provided material and the effective date for the new sections is not specified in the extracted facts. This is a statutory change that creates new law and procedural limits on association enforcement and adds recording and consent procedures; it does not create new criminal penalties. The bill was prefiled 12/09/25, read for the first time 01/12/26, and referred to the Committee on Housing.

If enacted, the bill would stop common-interest, homeowners, condominium, and apartment associations from imposing or enforcing new or amended rules that further restrict how an owner can use their unit (including whether it can be rented or developed) compared with the uses allowed when the owner bought it, unless the owner gave written consent at the time the rule was adopted or changed. Owners who rely on this protection must ask the association or its designee to record their exception in every county where the property lies, give the conveyance date, and pay the recording fees; existing covenants that already limited use, and rules required by law, remain enforceable and past actions are not turned into new private lawsuits. The people most affected are association boards (under chapters 64.90, 64.38, 64.34, and 64.32) and unit, lot, and apartment owners. Boards will have narrower authority to change use rules and will need to respect owner consents and recorded exceptions, while owners gain a practical option to preserve the uses they had when they bought but must bear recording costs and provide conveyance information. County recording offices will handle the required filings. The provisions for homeowners’ and condominium associations expire January 1, 2028; the effective date for the new sections and whether the provisions for chapter 64.90 or chapter 64.32 expire are not shown in the provided text, and Section 4’s full terms are incomplete.