HB 2118

H-2462.1
  HOUSE BILL 2118
State of Washington  69th Legislature       2026 Regular Session
By Representatives Jacobsen, Reed, Duerr, Engell, and Bernbaum
Prefiled 12/09/25.    Read first time 01/12/26.   Referred to Committee
on Housing.
1     AN ACT Relating to preventing common interest community unit
2 owners' associations from imposing more onerous restrictions on an
3 owner than those restrictions that existed when the owner acquired
4 the unit; adding a new section to chapter 64.90 RCW; adding a new
5 section to chapter 64.38 RCW; adding a new section to chapter 64.34
6 RCW; adding a new section to chapter 64.32 RCW; and providing
7 expiration dates.
8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
9     NEW SECTION.   Sec. 1.   A new section is added to chapter 64.90
10 RCW to read as follows:
11     (1)(a) An association may not enter into, amend, or enforce a
12 covenant, condition, or restriction in such a way that imposes more
13 onerous restrictions on the types of use of a unit than those
14 restrictions that existed when the unit owner acquired the unit
15 owner's interest in the unit, unless the unit owner who owns the
16 affected unit expressly agrees in writing at the time of the adoption
17 or amendment of the covenant, condition, or restriction.
18     (b) When a unit owner claims the benefit of this subsection (1),
19 the unit owner must request that the association record, or allow
20 recording of, the exception applicable to the unit owner. Upon
21 request by the unit owner, the association, the unit owner, or a
  p. 1  HB 2118
1 designee must record the unit owner's exception in every county in
2 which the affected unit is situated. The unit owner must provide the
3 association with the date on which the affected unit was conveyed to
4 the unit owner and must pay the recording fees for the document
5 setting forth the exception.
6     (2) A unit owner's successor-in-interest may not claim the
7 benefit of subsection (1) of this section to the extent that the
8 association entered into, amended, or enforced a covenant, condition,
9 or restriction before the successor-in-interest purchased the unit,
10 even if the covenant, condition, or restriction was not enforceable
11 against the previous unit owner pursuant to subsection (1) of this
12 section, unless the successor-in-interest is owned by or shares
13 ownership with the previous unit owner or unless the successor-in-
14 interest is a lender that acquired the unit through foreclosure.
15     (3) This section does not apply to a covenant, condition, or
16 restriction that is:
17     (a) Not subject to enforcement by an association; or
18     (b) Required in order to comply with applicable federal, state,
19 and local laws, ordinances, and regulations.
20     (4) Nothing in this section may be construed to prevent the
21 enforcement of a covenant, condition, or restriction limiting the
22 types of use of a unit as long as the covenant, condition, or
23 restriction applied to the unit at the time the unit owner acquired
24 an interest in the unit.
25     (5) Nothing in this section invalidates covenants, conditions, or
26 restrictions that existed before the effective date of this section
27 or creates a private right of action for actions or omissions
28 occurring before the effective date of this section. However, on or
29 after the effective date of this section, unless the unit owner has
30 consented as provided by subsection (1) of this section, an
31 association may not enforce a covenant, condition, or restriction in
32 such a way that limits the types of use that were allowed for a unit
33 when the unit owner acquired the affected unit.
34     (6) For the purposes of this section, "types of use" means the
35 following lawful types of use of the unit:
36     (a) Use for residential, agricultural, or commercial purposes,
37 unless the use was impermissible according to the written or recorded
38 restrictions;
39     (b) The ability to rent the unit, including the unit's land and
40 structures, for any amount of time; and
  p. 2  HB 2118
1     (c) The ability to otherwise develop the unit in accordance with
2 applicable   federal,  state,   and  local  laws,   ordinances,  and
3 regulations, unless the ability was impermissible according to the
4 written or recorded restrictions.
5     NEW SECTION.   Sec. 2.   A new section is added to chapter 64.38
6 RCW to read as follows:
7     (1)(a) A homeowners' association may not enter into, amend, or
8 enforce a covenant, condition, or restriction in such a way that
9 imposes more onerous restrictions on the types of use of a lot than
10 those restrictions that existed when the owner acquired the owner's
11 interest in the lot, unless the owner who owns the affected lot
12 expressly agrees in writing at the time of the adoption or amendment
13 of the covenant, condition, or restriction.
14     (b) When an owner claims the benefit of this subsection (1), the
15 owner must request that the association record, or allow recording
16 of, the exception applicable to the owner. Upon request by the owner,
17 the association, the owner, or a designee must record the owner's
18 exception in every county in which the affected lot is situated. The
19 owner must provide the association with the date on which the
20 affected lot was conveyed to the owner and must pay the recording
21 fees for the document setting forth the exception.
22     (2) An owner's successor-in-interest may not claim the benefit of
23 subsection (1) of this section to the extent that the homeowners'
24 association entered into, amended, or enforced a covenant, condition,
25 or restriction before the successor-in-interest purchased the lot,
26 even if the covenant, condition, or restriction was not enforceable
27 against the previous owner pursuant to subsection (1) of this
28 section, unless the successor-in-interest is owned by or shares
29 ownership with the previous owner or unless the successor-in-interest
30 is a lender that acquired the lot through foreclosure.
31     (3) This section does not apply to a covenant, condition, or
32 restriction that is:
33     (a) Not subject to enforcement by a homeowners' association; or
34     (b) Required in order to comply with applicable federal, state,
35 and local laws, ordinances, and regulations.
36     (4) Nothing in this section may be construed to prevent the
37 enforcement of a covenant, condition, or restriction limiting the
38 types of use of a lot as long as the covenant, condition, or
  p. 3  HB 2118
1 restriction applied to the lot at the time the owner acquired an
2 interest in the lot.
3     (5) Nothing in this section invalidates covenants, conditions, or
4 restrictions that existed before the effective date of this section
5 or creates a private right of action for actions or omissions
6 occurring before the effective date of this section. However, on or
7 after the effective date of this section, unless the owner has
8 consented as provided by subsection (1) of this section, a
9 homeowners' association may not enforce a covenant, condition, or
10 restriction in such a way that limits the types of use that were
11 allowed for a lot when the owner acquired the affected lot.
12     (6) For the purposes of this section, "types of use" means the
13 following lawful types of use of the lot:
14     (a) Use for residential, agricultural, or commercial purposes,
15 unless the use was impermissible according to the written or recorded
16 restrictions;
17     (b) The ability to rent the lot, including the land and
18 structures on the lot, for any amount of time; and
19     (c) The ability to otherwise develop the lot in accordance with
20 applicable   federal,  state,   and   local   laws, ordinances, and
21 regulations, unless the ability was impermissible according to the
22 written or recorded restrictions.
23     (7) This section expires January 1, 2028.
24     NEW SECTION.   Sec. 3.   A new section is added to chapter 64.34
25 RCW to read as follows:
26     (1)(a) An association may not enter into, amend, or enforce a
27 covenant, condition, or restriction in such a way that imposes more
28 onerous restrictions on the types of use of a unit than those
29 restrictions that existed when the unit owner acquired the unit
30 owner's interest in the unit, unless the unit owner who owns the
31 affected unit expressly agrees in writing at the time of the adoption
32 or amendment of the covenant, condition, or restriction.
33     (b) When a unit owner claims the benefit of this subsection (1),
34 the unit owner must request that the association record, or allow
35 recording of, the exception applicable to the unit owner. Upon
36 request by the unit owner, the association, the unit owner, or a
37 designee must record the unit owner's exception in every county in
38 which the affected unit is situated. The unit owner must provide the
39 association with the date on which the affected unit was conveyed to
  p. 4  HB 2118
1 the unit owner and must pay the recording fees for the document
2 setting forth the exception.
3     (2) A unit owner's successor-in-interest may not claim the
4 benefit of subsection (1) of this section to the extent that the
5 association entered into, amended, or enforced a covenant, condition,
6 or restriction before the successor-in-interest purchased the unit,
7 even if the covenant, condition, or restriction was not enforceable
8 against the previous unit owner pursuant to subsection (1) of this
9 section, unless the successor-in-interest is owned by or shares
10 ownership with the previous unit owner or unless the successor-in-
11 interest is a lender that acquired the unit through foreclosure.
12     (3) This section does not apply to a covenant, condition, or
13 restriction that is:
14     (a) Not subject to enforcement by an association; or
15     (b) Required in order to comply with applicable federal, state,
16 and local laws, ordinances, and regulations.
17     (4) Nothing in this section may be construed to prevent the
18 enforcement of a covenant, condition, or restriction limiting the
19 types of use of a unit as long as the covenant, condition, or
20 restriction applied to the unit at the time the unit owner acquired
21 an interest in the unit.
22     (5) Nothing in this section invalidates covenants, conditions, or
23 restrictions that existed before the effective date of this section
24 or creates a private right of action for actions or omissions
25 occurring before the effective date of this section. However, on or
26 after the effective date of this section, unless the unit owner has
27 consented as provided by subsection (1) of this section, an
28 association may not enforce a covenant, condition, or restriction in
29 such a way that limits the types of use that were allowed for a unit
30 when the unit owner acquired the affected unit.
31     (6) For the purposes of this section, "types of use" means the
32 following lawful types of use of the unit:
33     (a) Use for residential, agricultural, or commercial purposes,
34 unless the use was impermissible according to the written or recorded
35 restrictions;
36     (b) The ability to rent the unit, including the unit's land and
37 structures, for any amount of time; and
38     (c) The ability to otherwise develop the unit in accordance with
39 applicable   federal,  state,   and   local  laws,   ordinances,  and
  p. 5  HB 2118
1  regulations, unless the ability was impermissible according to the
2  written or recorded restrictions.
3      (7) This section expires January 1, 2028.
4     NEW SECTION.   Sec. 4.   A new section is added to chapter 64.32
5 RCW to read as follows:
6     (1)(a) An association of apartment owners may not enter into,
7 amend, or enforce a covenant, condition, or restriction in such a way
8 that imposes more onerous restrictions on the types of use of an
9 apartment than those restrictions that existed when the apartment
10 owner acquired the apartment owner's interest in the apartment,
11 unless the apartment owner who owns the affected apartment expressly
12 agrees in writing at the time of the adoption or amendment of the
13 covenant, condition, or restriction.
14     (b) When an apartment owner claims the benefit of this subsection
15 (1), the apartment owner must request that the association record, or
16 allow recording of, the exception applicable to the apartment owner.
17 Upon request by the apartment owner, the association, the apartment
18 owner, or a designee must record the apartment owner's exception in
19 every county in which the affected apartment is situated. The
20 apartment owner must provide the association with the date on which
21 the affected apartment was conveyed to the apartment owner and must
22 pay the recording fees for the document setting forth the exception.
23     (2) An apartment owner's successor-in-interest may not claim the
24 benefit of subsection (1) of this section to the extent that the
25 association of apartment owners entered into, amended, or enforced a
26 covenant, condition, or restriction before the successor-in-interest
27 purchased the apartment, even if the covenant, condition, or
28 restriction was not enforceable against the previous apartment owner
29 pursuant to subsection (1) of this section, unless the successor-in-
30 interest is owned by or shares ownership with the previous apartment
31 owner or unless the successor-in-interest is a lender that acquired
32 the apartment through foreclosure.
33     (3) This section does not apply to a covenant, condition, or
34 restriction that is:
35     (a) Not subject to enforcement by an association of apartment
36 owners; or
37     (b) Required in order to comply with applicable federal, state,
38 and local laws, ordinances, and regulations.
  p. 6  HB 2118
1     (4) Nothing in this section may be construed to prevent the
2 enforcement of a covenant, condition, or restriction limiting the
3 types of use of an apartment as long as the covenant, condition, or
4 restriction applied to the apartment at the time the apartment owner
5 acquired an interest in the apartment.
6     (5) Nothing in this section invalidates covenants, conditions, or
7 restrictions that existed before the effective date of this section
8 or creates a private right of action for actions or omissions
9 occurring before the effective date of this section. However, on or
10 after the effective date of this section, unless the apartment owner
11 has consented as provided by subsection (1) of this section, an
12 association of apartment owners may not enforce a covenant,
13 condition, or restriction in such a way that limits the types of use
14 that were allowed for an apartment when the apartment owner acquired
15 the affected apartment.
16     (6) For the purposes of this section, "types of use" means the
17 following lawful types of use of the apartment:
18     (a) Use for residential, agricultural, or commercial purposes,
19 unless the use was impermissible according to the written or recorded
20 restrictions;
21     (b) The ability to rent the apartment, including the apartment's
22 land and structures, for any amount of time; and
23     (c) The ability to otherwise develop the apartment in accordance
24 with applicable federal, state, and local laws, ordinances, and
25 regulations, unless the ability was impermissible according to the
26 written or recorded restrictions.
27     (7) This section expires January 1, 2028.
  --- END ---
  p. 7  HB 2118