(1) If the declaration
provides that any of the powers described in RCW 64.34.304 are to
be exercised by or may be delegated to a profit or nonprofit
corporation which exercises those or other powers on behalf of a
development consisting of one or more condominiums or for the
benefit of the unit owners of one or more condominiums, all
provisions of this chapter applicable to unit owners'
associations apply to any such corporation, except as modified by
this section.
(2) Unless a master association is acting in the capacity of
an association described in RCW 64.34.300, it may exercise the
powers set forth in RCW 64.34.304(1)(b) only to the extent
expressly permitted in the declarations of condominiums which are
part of the master association or expressly described in the
delegations of power from those condominiums to the master
association.
(3) If the declaration of any condominium provides that the
board of directors may delegate certain powers to a master
association, the members of the board of directors have no
liability for the acts or omissions of the master association
with respect to those powers following delegation.
(4) The rights and responsibilities of unit owners with
respect to the unit owners' association set forth in RCW 64.34.308, 64.34.332, 64.34.336, 64.34.340, and 64.34.348 apply
in the conduct of the affairs of a master association only to
those persons who elect the board of a master association,
whether or not those persons are otherwise unit owners within the
meaning of this chapter.
(5) Notwithstanding the provisions of *RCW 64.34.308(6)
with respect to the election of the board of directors of an
association by all unit owners after the period of declarant
control ends and even if a master association is also an
association described in RCW 64.34.300, the certificate of
incorporation or other instrument creating the master association
and the declaration of each condominium, the powers of which are
assigned by the declaration or delegated to the master
association, must provide that the board of directors of the
master association shall be elected after the period of declarant
control in any of the following ways:
(a) All unit owners of all condominiums subject to the
master association may elect all members of that board of
directors.
(b) All members of the boards of directors of all
condominiums subject to the master association may elect all
members of that board of directors.
(c) All unit owners of each condominium subject to the
master association may elect specified members of that board of
directors.
(d) All members of the board of directors of each
condominium subject to the master association may elect specified
members of that board of directors.
[1989 c 43 § 2-120.]
NOTES:
*Reviser's note: RCW 64.34.308 was amended by 2011 c 189 § 2, changing subsection (6) to subsection (7), effective January 1, 2012.