(1) Within
sixty days after the termination of the period of declarant
control provided in *RCW 64.34.308(4) or, in the absence of such
period, within sixty days after the first conveyance of a unit in
the condominium, the declarant shall deliver to the association
all property of the unit owners and of the association held or
controlled by the declarant including, but not limited to:
(a) The original or a photocopy of the recorded declaration
and each amendment to the declaration;
(b) The certificate of incorporation and a copy or duplicate
original of the articles of incorporation of the association as
filed with the secretary of state;
(c) The bylaws of the association;
(d) The minute books, including all minutes, and other books
and records of the association;
(e) Any rules and regulations that have been adopted;
(f) Resignations of officers and members of the board who
are required to resign because the declarant is required to
relinquish control of the association;
(g) The financial records, including canceled checks, bank
statements, and financial statements of the association, and
source documents from the time of incorporation of the
association through the date of transfer of control to the unit
owners;
(h) Association funds or the control of the funds of the
association;
(i) All tangible personal property of the association,
represented by the declarant to be the property of the
association or ostensibly the property of the association, and an
inventory of the property;
(j) Except for alterations to a unit done by a unit owner
other than the declarant, a copy of the declarant's plans and
specifications utilized in the construction or remodeling of the
condominium, with a certificate of the declarant or a licensed
architect or engineer that the plans and specifications
represent, to the best of their knowledge and belief, the actual
plans and specifications utilized by the declarant in the
construction or remodeling of the condominium;
(k) Insurance policies or copies thereof for the condominium
and association;
(l) Copies of any certificates of occupancy that may have
been issued for the condominium;
(m) Any other permits issued by governmental bodies
applicable to the condominium in force or issued within one year
before the date of transfer of control to the unit owners;
(n) All written warranties that are still in effect for the
common elements, or any other areas or facilities which the
association has the responsibility to maintain and repair, from
the contractor, subcontractors, suppliers, and manufacturers and
all owners' manuals or instructions furnished to the declarant
with respect to installed equipment or building systems;
(o) A roster of unit owners and eligible mortgagees and
their addresses and telephone numbers, if known, as shown on the
declarant's records and the date of closing of the first sale of
each unit sold by the declarant;
(p) Any leases of the common elements or areas and other
leases to which the association is a party;
(q) Any employment contracts or service contracts in which
the association is one of the contracting parties or service
contracts in which the association or the unit owners have an
obligation or a responsibility, directly or indirectly, to pay
some or all of the fee or charge of the person performing the
service;
(r) A copy of any qualified warranty issued to the
association as provided for in RCW 64.35.505; and
(s) All other contracts to which the association is a party.
(2) Upon the transfer of control to the unit owners, the
records of the association shall be audited as of the date of
transfer by an independent certified public accountant in
accordance with generally accepted auditing standards unless the
unit owners, other than the declarant, by two-thirds vote elect
to waive the audit. The cost of the audit shall be a common
expense unless otherwise provided in the declaration. The
accountant performing the audit shall examine supporting
documents and records, including the cash disbursements and
related paid invoices, to determine if expenditures were for
association purposes and the billings, cash receipts, and related
records to determine if the declarant was charged for and paid
the proper amount of assessments.
[2004 c 201 § 10; 1989 c 43 § 3-104.]
NOTES:
*Reviser's note: RCW 64.34.308 was amended by 2011 c 189 § 2, changing subsection (4) to subsection (5), effective January 1, 2012.