64.90.415  <<  64.90.420 >>   64.90.425

Transfer of association property.

*** CHANGE IN 2024 *** (SEE 5796-S.SL) ***
(1) No later than thirty days following the date of the transition meeting held pursuant to RCW 64.90.415(4), the declarant must deliver or cause to be delivered to the board elected at the transition meeting all property of the unit owners and association as required by the declaration or this chapter including, but not limited to:
(a) The original or a copy of the recorded declaration and each amendment to the declaration;
(b) The organizational documents of the association;
(c) The minute books, including all minutes, and other books and records of the association;
(d) Current rules and regulations that have been adopted;
(e) Resignations of officers and members of the board who are required to resign because the declarant is required to relinquish control of the association;
(f) The financial records, including canceled checks, bank statements, and financial statements of the association, and source documents from the time of formation of the association through the date of transfer of control to the unit owners;
(g) Association funds or the control of the funds of the association;
(h) Originals or copies of any recorded instruments of conveyance for any common elements included within the common interest community but not appurtenant to the units;
(i) All tangible personal property of the association;
(j) Except for alterations to a unit done by a unit owner other than the declarant, a copy of the most recent plans and specifications used in the construction or remodeling of the common interest community, except for buildings containing fewer than three units;
(k) Originals or copies of insurance policies for the common interest community and association;
(l) Originals or copies of any certificates of occupancy that may have been issued for the common interest community;
(m) Originals or copies of any other permits obtained by or on behalf of the declarant and issued by governmental bodies applicable to the common interest community;
(n) Originals or copies of all written warranties that are still in effect for the common elements, or any other areas or facilities that the association has the responsibility to maintain and repair, from the contractor, subcontractors, suppliers, and manufacturers and all owners' manuals or instructions furnished to the declarant with respect to installed equipment or building systems;
(o) A roster of unit owners and eligible mortgagees and their addresses and telephone numbers, if known, as shown on the declarant's records and the date of closing of the first sale of each unit sold by the declarant;
(p) Originals or copies of any leases of the common elements and other leases to which the association is a party;
(q) Originals or photocopies of any employment contracts or service contracts in which the association is one of the contracting parties or service contracts in which the association or the unit owners have an obligation or a responsibility, directly or indirectly, to pay some or all of the fee or charge of the person performing the service;
(r) Originals or copies of any qualified warranty issued to the association as provided for in RCW 64.35.505; and
(s) Originals or copies of all other contracts to which the association is a party.
(2) Within sixty days of the transition meeting, the board must retain the services of a certified public accountant to audit the records of the association as the date of the transition meeting in accordance with generally accepted auditing standards unless the unit owners, other than the declarant, to which a majority of the votes are allocated elect to waive the audit. The cost of the audit must be a common expense unless otherwise provided in the declaration. The accountant performing the audit must examine supporting documents and records, including the cash disbursements and related paid invoices, to determine if expenditures were for association purposes and the billings, cash receipts, and related records to determine if the declarant was charged for and paid the proper amount of assessments.
(3) A declaration may provide for the appointment of specified positions on the board by persons other than the declarant or an affiliate of the declarant during or after the period of declarant control. It also may provide a method for filling vacancies in those positions, other than by election by the unit owners. However, after the period of declarant control, appointed members:
(a) May not comprise more than one-third of the board; and
(b) Have no greater authority than any other board member.
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