Chapter 21.64


21.64.010    Conversion condominium requirements created.

21.64.020    Written inspection report.

21.64.030    Repair of violations.

21.64.040    Warrant of repairs.

21.64.010 Conversion condominium requirements created.

This chapter establishes requirements pertaining to the conversion of apartments to condominiums as set forth in Chapter 64.34 RCW, Condominium Act. Unless otherwise specified, all terms used herein shall have the same meaning as defined in Chapter 64.34 RCW as now exists or as may hereafter be amended. (Ord. 705 § 6 (Att. A), 2020)

21.64.020 Written inspection report.

(1) The public offering statement of a conversion condominium shall contain, in addition to the information required by RCW 64.34.410 and 64.34.415, a copy of the written inspection report prepared by the City’s Building Official, which report shall list any violations of the construction codes or other applicable regulation related to life/safety matters. Costs of the inspection shall be borne by declarant.

(2) Said inspection shall be made within 45 days of the declarant’s written request for the inspection and said report shall be issued within 14 days of said inspection being made.

(3) The Building Official may require a report from a qualified inspection service in lieu of the inspection required above.

(4) A building permit is required to record the transfer of occupancy sub-type and ensure compliance with this chapter. Fees shall be based per building and based on the current fee resolution table established by City Council. (Ord. 705 § 6 (Att. A), 2020)

21.64.030 Repair of violations.

(1) Prior to the conveyance of any residential unit within a conversion condominium, other than a conveyance to a declarant or affiliate of a declarant:

(a) All violations disclosed in the inspection report, not otherwise waived by the City, shall be repaired with valid building permits; and

(b) A letter of certification shall be obtained from the City stating that such repairs have been made. This certification shall be based on a reinspection to be made within seven days of the declarant’s written request for the reinspection and shall be issued within seven days of the reinspection being made. Costs of the reinspection shall be borne by declarant at the rates set forth by the City.

(2) Certification by the City shall state that only those defects discovered by the residential inspection have been corrected and that the certification does not guarantee that all relevant code violations have been corrected. No declarant shall use the City’s certification in any advertising, nor shall a declarant indicate or imply to anyone, for the purpose of inducing a person to purchase a condominium unit, that the City has “approved” the premises or any unit for sale. (Ord. 705 § 6 (Att. A), 2020)

21.64.040 Warrant of repairs.

(1) The repairs required to be made under WMC 21.64.030 shall be warranted by the declarant against defects due to workmanship or materials for a period of one year following the completion of such repairs after building permits have been finalized and the public statement of condition is received by the City and the homeowners association.

(2) Prior to the conveyance of any residential unit within a conversion condominium, other than a conveyance to a declarant or affiliate of a declarant:

(a) The declarant shall establish and maintain, during the one-year warranty period, an account containing a sum equal to 10 percent of the actual cost of making the repairs.

(b) During the one-year warranty period, the funds in such account shall be used exclusively for paying the actual cost of making repairs required, or for otherwise satisfying claims made, under such warranty.

(c) Following the expiration of the one-year warranty period, any funds remaining in such account shall be disbursed to the declarant.

(d) The declarant shall notify in writing the property association and the City as to the location of such account and any disbursements from it. (Ord. 705 § 6 (Att. A), 2020)