Washington Code 64.35.105 – Definitions
Current as of: 2023 | Check for updates
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
Terms Used In Washington Code 64.35.105
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(1) “Affiliate” has the meaning in RCW 64.90.010.
(2) “Association” has the meaning in RCW 64.90.010.
(3) “Building envelope” means the assemblies, components, and materials of a building that are intended to separate and protect the interior space of the building from the adverse effects of exterior climatic conditions.
(4) “Common element” has the meaning in RCW 64.90.010.
(5) “Condominium” has the meaning in RCW 64.90.010.
(6) “Construction professional” has the meaning in RCW 64.50.010.
(7) “Conversion condominium” has the meaning in RCW 64.90.010.
(8) “Declarant” has the meaning in RCW 64.90.010.
(9) “Declarant control” has the meaning in RCW 64.90.010.
(10) “Defect” means any aspect of a condominium unit or common element which constitutes a breach of the implied warranties set forth in RCW 64.34.445 or 64.90.670.
(11) “Limited common element” has the meaning in RCW 64.90.010.
(12) “Material” means substantive, not simply formal; significant to a reasonable person; not trivial or insignificant. When used with respect to a particular construction defect, “material” does not require that the construction defect render the unit or common element unfit for its intended purpose or uninhabitable.
(13) “Mediation” means a collaborative process in which two or more parties meet and attempt, with the assistance of a mediator, to resolve issues in dispute between them.
(14) “Mediation session” means a meeting between two or more parties to a dispute during which they are engaged in mediation.
(15) “Mediator” means a neutral and impartial facilitator with no decision-making power who assists parties in negotiating a mutually acceptable settlement of issues in dispute between them.
(16) “Person” has the meaning in RCW 64.90.010.
(17) “Public offering statement” has the meaning in chapter 64.90 RCW.
(18) “Qualified insurer” means an entity that holds a certificate of authority under RCW 48.05.030, or an eligible insurer under chapter 48.15 RCW.
(19) “Qualified warranty” means an insurance policy issued by a qualified insurer that complies with the requirements of this chapter. A qualified warranty includes coverage for repair of physical damage caused by the defects covered by the qualified warranty, except to the extent of any exclusions and limitations under this chapter.
(20) “Resale certificate” means the statement to be delivered by the association under chapter 64.90 RCW.
(21) “Transition date” means the date on which the declarant is required to deliver to the association the property of the association under RCW 64.90.420.
(22) “Unit” has the meaning in RCW 64.90.010.
(23) “Unit owner” has the meaning in RCW 64.90.010.