End of Session Legislative Update for Washington

Friday, March 7 was the last day to consider opposite house bills in the legislature, so any bills that have been voted on by both houses will not pass this year.  Of the numerous condo and HOA-related legislation introduced this year, only two bills passed both houses and now await signature by the governor.  The governor has five days, excluding Sundays, to take action on bills passed by the Legislature unless adjournment occurs within those five days, in which case the governor has 20 days to sign or veto (excluding Sundays.)

HB 2014, relating to protection of tenants of conversion condos, passed both houses and awaits signature.  HB 2014 was revived from last session, but amended with a substitute bill in the Senate on January 18.  The bill passed both the senate and the house in this form. 

 

The second bill to pass this year is SB 6215 relating to reserve accounts for condominium associations.  After passing the senate, SB 6215 was amended by the House Committee on Judiciary to include a few clarifying terms and to require disclosure of the lack of reserve study if none has been undertaken.

 

The bill creating a cause of action for negligent construction, SSB 6385, amended in the Senate committee to exclude condominiums, passed the senate in that form and was passed out of the House Judiciary Committee on February 28.  On February 29, it was passed to Rules for a second reading, but never made it to the House floor. 

ESB 6745, which was the bill recommended by the HOA task force, was substantially amended on the floor of the senate, including amendments to make its application retroactive, to add numerous clarifying definitions, to remove the “open meetings” provision for board meetings, and to reduce the quorum requirement for association meetings.  Another amendment disallowed the use of liens against a person’s homes for failure to pay fines as opposed to assessments.  The engrossed bill passed the Senate unanimously.  It was then referred to the House Judiciary Committee on February 20, but inexplicably never made it out of committee.

 

Washington Legislative Updates

SHB 2014, providing additional protections to tenants of condominium conversions, having passed the House on January 18, has been tentatively set for public hearing before the Senate Consumer Protection and Housing Committee on February 5, 2008 at 1:30. Having worked out some of the kinks last year, this bill seems fast-tracked for enactment this year. See our prior article re this bill here.

SB 6215, regarding reserve studies and accounts, was passed out of the Senate committee on January 18 and has been in Rules since January 25. See the original article regarding this bill here

SB 6745, the HOA Act Committee bill was set for public hearing in the Senate Committee on Consumer Protection and Housing on February 1, 2008. See the original article on this bill here

Two new bills propose to create task forces to study condominium issues this year. SB 6875, sponsored by Senator Rodney Tom, would create a task force to study condominium governance issues and would be staffed by condominium board members, homeowners and attorneys. In contrast, SB 6724 would be staffed with developer entities and no homeowner representatives. While this bill purports to create a task force to review condominium liability in the insurance context, it is expected that unless limited, the task force may attempt to make recommendations for amendment of the condo act to reduce builder liability. 

SSB 6385, creating a cause of action for negligent construction for single family homes, was amended in committee and passed the house on February 1, 2008. It has now been referred to the House Judiciary Committee for review.

Find info on these bills and others by checking out the legislative website bill finder. Also, a good overview of the legislative process can be found on the Washington State Legislature website here.

Update on HOA Committee Recommendations

The HOA Committee's recommendations to amend Washington's Homeowner Association Act have been compiled into Senate Bill 6745, which was introduced today.  The bill was referred to the Senate Committee on Consumer Protection and Housing and is currently scheduled for public hearing on Thursday, Jan. 24.