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4 New Washington Bills Affecting Common Interest Communities That Developers Should Be Aware Of

Washington’s legislators had their eye on common interest communities (CICs) during the 2023 regular session, which ended on April 23, 2023. Three bills relating to or affecting CICs become effective on July 23, 2023. One...more

Home Builder Alert: Washington Supreme Court Strikes Down One-Year Warranty Limitation in Home Construction Contract

The Washington Supreme Court recently published an opinion that appears to invalidate any homebuyer warranty that requires the buyer to file suit in less than six years. In Tadych v. Noble Ridge Construction, Inc., the owners...more

New Bill Exempts Real Estate Excise Tax for Real Property Sales or Transfers for Affordable Housing

The Washington legislature recently passed a bill expanding affordable housing tax exemptions. HB 1643 was signed into law by Governor Inslee on March 30, 2022 and will exempt from the real estate excise tax a sale or...more

New Decision Gives Washington HOAs Broader Deference in Allocating Assessments

In Brief Court confirms that HOAs in Washington have broad deference when deciding how to allocate assessments. The court ruling could reduce lawsuits challenging discretionary board decisions relating to assessments. The...more

Condominium Law Alert: New Washington Legislation Allows Condominium Developers to Use Earnest Money Deposits Towards Construction...

Washington recently enacted SB 5024 (the “Bill”), which allows developers to use earnest money deposits towards construction costs in certain circumstances. The Bill will become effective on July 25, 2021....more

Affordable Housing Law Alert: Revival of the Density Bonus Law – Affordable Housing to the Rescue?

Since the onset of COVID-19, the global landscape has been turned upside down, bringing to light various social issues that have long been plaguing various communities throughout the country. Social issues such as...more

Affordable Housing Developer Faces Enforcement Action for Violating Washington Eviction Moratorium

In response to the COVID pandemic, Washington, like many other states, has imposed a moratorium on residential evictions and rent collections. The moratorium prohibits landlords and property managers from (i) serving,...more

Washington Department of Revenue Issues Special Notice Interpreting SHB 2384 on Property Tax Exemption for Affordable Housing

In our previous legal alert here, we discussed the changes that SHB 2384 made to the property tax exemption for nonprofit family housing under RCW 84.36.560. On June 11, 2020, the Washington Department of Revenue (the...more

Affordable Housing Law Alert: IRS Grants Temporary Relief for Qualified Low-Income Housing and Residential Rental Projects

In light of the COVID-19 pandemic, the Internal Revenue Service (the “IRS”) recently issued Notice 2020-53 to provide temporary relief for qualified low-income housing projects and residential rental projects financed with...more

Washington Lawmakers Pass Bills Expanding Property and Excise Tax Exemptions for Affordable Housing—Property Tax Bill Survives

The Washington legislature recently passed two bills expanding affordable housing tax exemptions. Governor Inslee signed SHB 2384, revising the property tax exemption for low-income housing. He vetoed SHB 2634 that would have...more

Washington Court Holds Association Liable for Following Cost Allocations in Declaration

The Washington Court of Appeals recently issued an opinion that may invalidate the cost or voting allocations of many existing condominiums. In Mohandessi v. Urban Venture LLC, the court ruled that the common expense...more

2019 Condominium Warranty Reforms and WUCIOA Clarifications

The Washington Legislature wrapped up its 2019 session by enacting much-anticipated reform to the condominium implied construction warranties. The warranty reform bill also included important clarifications of the application...more

Washington Real Estate Law Update: Increases and Changes to the Washington Real Estate Excise Tax

Washington currently imposes a real estate excise tax (“REET”) on the sale or transfer of real property in the state at a rate of 1.28% of the selling price. Local governments can also impose REET at the rate of 0.25% or...more

City of Portland on Fast Track to Adopt Inclusionary Zoning Requirements

More of Portland’s developers are about to find themselves in the affordable housing business. Whether they like it or not....more

Condominium Law Alert: Condominium Units Now Exempt from ILSA Registration

On September 26, 2014, President Obama signed H.R. 2600, which amends the Interstate Land Sales Full Disclosure Act (“ILSA”) to exempt condominium pre-sales from the registration requirements of the ILSA. ...more

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