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SB 5723

Momentum Bucket Early Stage
Legal Title AN ACT Relating to covenants, conditions, and restrictions of an airpark;
Bill Description Concerning covenants, conditions, and restrictions of an airpark.
What this bill does
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The bill creates a new statutory rule by adding sections to chapter 35.21 RCW and chapter 35A.21 RCW stating that property owned by a city or by a code city is not subject to existing covenants, conditions, and restrictions (CC&Rs) of an airpark when those CC&Rs are more restrictive than the city's or code city's zoning ordinance. This is a new legal provision that effectively preempts or displaces certain private airpark CC&Rs as to municipal-owned property when a conflict exists with local zoning. It changes the substantive legal status of municipal property in relation to private CC&Rs; it is not described as a crime or penalty change but as a property law/preemption rule. The parties named as affected are cities and code cities, airparks (holders of CC&Rs), and property owned by those municipalities. The bill text as provided does not define key terms such as "airpark" or explain how to determine when a covenant is "more restrictive," and it contains no effective date, enforcement mechanism, remedies, retroactivity rule, or exact statutory placement or numbering for the new sections. These omissions make the scope and application of the change unclear from the extracted text alone.
Why it matters
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If enacted, cityand code-city–owned land that sits inside an airpark would generally be able to be used according to the city's zoning rules even when private airpark covenants try to impose stricter limits. That means municipalities are likely to face fewer private-law obstacles when planning, developing, or using their own property in those areas, while airpark owners would lose a source of control over how city-owned parcels are used. Important details are missing, so the real-world reach is uncertain: the measure does not define “airpark,” does not explain how to decide if a covenant is “more restrictive,” gives no effective date, and does not set out enforcement or whether it applies to existing covenants. That uncertainty could lead to legal disputes over scope and timing before the practical effects are fully settled.
Official Documents View Full Bill Text
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SB 5723 Details and Bill Topics

Details

Date Introduced 02/11/2025
Originating Chamber Senate
Biennium 2025-26
Total Campaign Dollars Backing Bill $0.00

Bill Topics

REAL ESTATE AND REAL PROPERTY

SB 5723 Sponsors and Committee Hearings

Sponsors

Senator Cortes (Primary)

Committee Hearings

Go to SB 5723 at leg.wa.gov

SB 5723 Bill Timeline

Early Stage
1/11/2026
SLoc Gov
By resolution, reintroduced and retained in present status.
2/10/2025
SLoc Gov
First reading, referred to Local Government.

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