RCW 64.90.100 — Common interest communities, nonresidential and mixed-use.

1. (1) A plat community, miscellaneous community, or cooperative in which all the units are restricted exclusively to nonresidential use is not subject to this chapter except to the extent the declaration provides that:

   1. (a) This entire chapter applies to the community;
   2. (b) RCW 64.90.010 through 64.90.325 and 64.90.900 apply to the community; or
   3. (c) Only RCW 64.90.020, 64.90.025, and 64.90.030 apply to the community.
2. (2) A condominium in which all the units are restricted exclusively to nonresidential use is subject to this chapter, but the declaration may provide that only RCW 64.90.010 through 64.90.325 and 64.90.900 apply to the community.

3. (3) If this entire chapter applies to a common interest community in which all the units are restricted exclusively to nonresidential use, the declaration may also require, subject to RCW 64.90.050, that:

   1. (a) Any management, maintenance, operations, or employment contract, lease of recreational or parking areas or facilities, and any other contract or lease between the association and a declarant or an affiliate of a declarant continues in force after the declarant turns over control of the association; and
   2. (b) Purchasers of units must execute proxies, powers of attorney, or similar devices in favor of the declarant regarding particular matters enumerated in those instruments.
4. (4) A common interest community that contains both units restricted to nonresidential purposes and units that may be used for residential purposes is not subject to this chapter unless the units that may be used for residential purposes would comprise a common interest community subject to this chapter in the absence of such nonresidential units or the declaration provides that this chapter applies as provided in subsection (2) or (3) of this section.

[ 2024 c 321 s 304; 2018 c 277 s 121.]