wa-law.org > bill > 2025-26 > HB 2118 > Original Bill
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An association may not enter into, amend, or enforce a covenant, condition, or restriction in such a way that imposes more onerous restrictions on the types of use of a unit than those restrictions that existed when the unit owner acquired the unit owner's interest in the unit, unless the unit owner who owns the affected unit expressly agrees in writing at the time of the adoption or amendment of the covenant, condition, or restriction.
When a unit owner claims the benefit of this subsection (1), the unit owner must request that the association record, or allow recording of, the exception applicable to the unit owner. Upon request by the unit owner, the association, the unit owner, or a designee must record the unit owner's exception in every county in which the affected unit is situated. The unit owner must provide the association with the date on which the affected unit was conveyed to the unit owner and must pay the recording fees for the document setting forth the exception.
A unit owner's successor-in-interest may not claim the benefit of subsection (1) of this section to the extent that the association entered into, amended, or enforced a covenant, condition, or restriction before the successor-in-interest purchased the unit, even if the covenant, condition, or restriction was not enforceable against the previous unit owner pursuant to subsection (1) of this section, unless the successor-in-interest is owned by or shares ownership with the previous unit owner or unless the successor-in-interest is a lender that acquired the unit through foreclosure.
This section does not apply to a covenant, condition, or restriction that is:
Not subject to enforcement by an association; or
Required in order to comply with applicable federal, state, and local laws, ordinances, and regulations.
Nothing in this section may be construed to prevent the enforcement of a covenant, condition, or restriction limiting the types of use of a unit as long as the covenant, condition, or restriction applied to the unit at the time the unit owner acquired an interest in the unit.
Nothing in this section invalidates covenants, conditions, or restrictions that existed before the effective date of this section or creates a private right of action for actions or omissions occurring before the effective date of this section. However, on or after the effective date of this section, unless the unit owner has consented as provided by subsection (1) of this section, an association may not enforce a covenant, condition, or restriction in such a way that limits the types of use that were allowed for a unit when the unit owner acquired the affected unit.
For the purposes of this section, "types of use" means the following lawful types of use of the unit:
Use for residential, agricultural, or commercial purposes, unless the use was impermissible according to the written or recorded restrictions;
The ability to rent the unit, including the unit's land and structures, for any amount of time; and
The ability to otherwise develop the unit in accordance with applicable federal, state, and local laws, ordinances, and regulations, unless the ability was impermissible according to the written or recorded restrictions.
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A homeowners' association may not enter into, amend, or enforce a covenant, condition, or restriction in such a way that imposes more onerous restrictions on the types of use of a lot than those restrictions that existed when the owner acquired the owner's interest in the lot, unless the owner who owns the affected lot expressly agrees in writing at the time of the adoption or amendment of the covenant, condition, or restriction.
When an owner claims the benefit of this subsection (1), the owner must request that the association record, or allow recording of, the exception applicable to the owner. Upon request by the owner, the association, the owner, or a designee must record the owner's exception in every county in which the affected lot is situated. The owner must provide the association with the date on which the affected lot was conveyed to the owner and must pay the recording fees for the document setting forth the exception.
An owner's successor-in-interest may not claim the benefit of subsection (1) of this section to the extent that the homeowners' association entered into, amended, or enforced a covenant, condition, or restriction before the successor-in-interest purchased the lot, even if the covenant, condition, or restriction was not enforceable against the previous owner pursuant to subsection (1) of this section, unless the successor-in-interest is owned by or shares ownership with the previous owner or unless the successor-in-interest is a lender that acquired the lot through foreclosure.
This section does not apply to a covenant, condition, or restriction that is:
Not subject to enforcement by a homeowners' association; or
Required in order to comply with applicable federal, state, and local laws, ordinances, and regulations.
Nothing in this section may be construed to prevent the enforcement of a covenant, condition, or restriction limiting the types of use of a lot as long as the covenant, condition, or restriction applied to the lot at the time the owner acquired an interest in the lot.
Nothing in this section invalidates covenants, conditions, or restrictions that existed before the effective date of this section or creates a private right of action for actions or omissions occurring before the effective date of this section. However, on or after the effective date of this section, unless the owner has consented as provided by subsection (1) of this section, a homeowners' association may not enforce a covenant, condition, or restriction in such a way that limits the types of use that were allowed for a lot when the owner acquired the affected lot.
For the purposes of this section, "types of use" means the following lawful types of use of the lot:
Use for residential, agricultural, or commercial purposes, unless the use was impermissible according to the written or recorded restrictions;
The ability to rent the lot, including the land and structures on the lot, for any amount of time; and
The ability to otherwise develop the lot in accordance with applicable federal, state, and local laws, ordinances, and regulations, unless the ability was impermissible according to the written or recorded restrictions.
This section expires January 1, 2028.
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An association may not enter into, amend, or enforce a covenant, condition, or restriction in such a way that imposes more onerous restrictions on the types of use of a unit than those restrictions that existed when the unit owner acquired the unit owner's interest in the unit, unless the unit owner who owns the affected unit expressly agrees in writing at the time of the adoption or amendment of the covenant, condition, or restriction.
When a unit owner claims the benefit of this subsection (1), the unit owner must request that the association record, or allow recording of, the exception applicable to the unit owner. Upon request by the unit owner, the association, the unit owner, or a designee must record the unit owner's exception in every county in which the affected unit is situated. The unit owner must provide the association with the date on which the affected unit was conveyed to the unit owner and must pay the recording fees for the document setting forth the exception.
A unit owner's successor-in-interest may not claim the benefit of subsection (1) of this section to the extent that the association entered into, amended, or enforced a covenant, condition, or restriction before the successor-in-interest purchased the unit, even if the covenant, condition, or restriction was not enforceable against the previous unit owner pursuant to subsection (1) of this section, unless the successor-in-interest is owned by or shares ownership with the previous unit owner or unless the successor-in-interest is a lender that acquired the unit through foreclosure.
This section does not apply to a covenant, condition, or restriction that is:
Not subject to enforcement by an association; or
Required in order to comply with applicable federal, state, and local laws, ordinances, and regulations.
Nothing in this section may be construed to prevent the enforcement of a covenant, condition, or restriction limiting the types of use of a unit as long as the covenant, condition, or restriction applied to the unit at the time the unit owner acquired an interest in the unit.
Nothing in this section invalidates covenants, conditions, or restrictions that existed before the effective date of this section or creates a private right of action for actions or omissions occurring before the effective date of this section. However, on or after the effective date of this section, unless the unit owner has consented as provided by subsection (1) of this section, an association may not enforce a covenant, condition, or restriction in such a way that limits the types of use that were allowed for a unit when the unit owner acquired the affected unit.
For the purposes of this section, "types of use" means the following lawful types of use of the unit:
Use for residential, agricultural, or commercial purposes, unless the use was impermissible according to the written or recorded restrictions;
The ability to rent the unit, including the unit's land and structures, for any amount of time; and
The ability to otherwise develop the unit in accordance with applicable federal, state, and local laws, ordinances, and regulations, unless the ability was impermissible according to the written or recorded restrictions.
This section expires January 1, 2028.
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An association of apartment owners may not enter into, amend, or enforce a covenant, condition, or restriction in such a way that imposes more onerous restrictions on the types of use of an apartment than those restrictions that existed when the apartment owner acquired the apartment owner's interest in the apartment, unless the apartment owner who owns the affected apartment expressly agrees in writing at the time of the adoption or amendment of the covenant, condition, or restriction.
When an apartment owner claims the benefit of this subsection (1), the apartment owner must request that the association record, or allow recording of, the exception applicable to the apartment owner. Upon request by the apartment owner, the association, the apartment owner, or a designee must record the apartment owner's exception in every county in which the affected apartment is situated. The apartment owner must provide the association with the date on which the affected apartment was conveyed to the apartment owner and must pay the recording fees for the document setting forth the exception.
An apartment owner's successor-in-interest may not claim the benefit of subsection (1) of this section to the extent that the association of apartment owners entered into, amended, or enforced a covenant, condition, or restriction before the successor-in-interest purchased the apartment, even if the covenant, condition, or restriction was not enforceable against the previous apartment owner pursuant to subsection (1) of this section, unless the successor-in-interest is owned by or shares ownership with the previous apartment owner or unless the successor-in-interest is a lender that acquired the apartment through foreclosure.
This section does not apply to a covenant, condition, or restriction that is:
Not subject to enforcement by an association of apartment owners; or
Required in order to comply with applicable federal, state, and local laws, ordinances, and regulations.
Nothing in this section may be construed to prevent the enforcement of a covenant, condition, or restriction limiting the types of use of an apartment as long as the covenant, condition, or restriction applied to the apartment at the time the apartment owner acquired an interest in the apartment.
Nothing in this section invalidates covenants, conditions, or restrictions that existed before the effective date of this section or creates a private right of action for actions or omissions occurring before the effective date of this section. However, on or after the effective date of this section, unless the apartment owner has consented as provided by subsection (1) of this section, an association of apartment owners may not enforce a covenant, condition, or restriction in such a way that limits the types of use that were allowed for an apartment when the apartment owner acquired the affected apartment.
For the purposes of this section, "types of use" means the following lawful types of use of the apartment:
Use for residential, agricultural, or commercial purposes, unless the use was impermissible according to the written or recorded restrictions;
The ability to rent the apartment, including the apartment's land and structures, for any amount of time; and
The ability to otherwise develop the apartment in accordance with applicable federal, state, and local laws, ordinances, and regulations, unless the ability was impermissible according to the written or recorded restrictions.
This section expires January 1, 2028.