Condos Created Effective July 1, 1990 or later:


Both RCW 64.34 (the Washington Condominium Act, or “WCA”) and RCW 64.90 (the Washington State Uniform Common Interest Ownership Act or “WUCIOA”) are clearer regarding unit combinations, explaining physical and legal combinations separately. This helps communities and owners proceed more confidently.


Specific consent from the combining units’ mortgagees may be needed.


Physical Combination:


WCA and WUCIOA owners may, subject to the declaration, physically combine adjoining units by removing or altering intervening partitions or creating apertures in the unit, even if those components are common elements. Both statutes specify that such a combination “is not a relocation of boundaries.” Both statutes concretize how to request and receive approval for a physical unit combination. Here’s how: ` Owner’s Proposal: The owner submits plans to the board;


` Board Approval: The board must approve the proposal (the statutes’ deadlines differ). Denial is authorized only for proposals contradicting state law or the declaration, or impairing structural integrity, or mechanical or electrical systems. Some covenants require the association administer the work and/or provide deadlines for its completion. ` Member Approval: Not needed.


Owners relocating boundaries between adjoining units to create one legal unit must amend the declaration and survey map.


Legal Combination:


Owners relocating boundaries between adjoining units to create one legal unit must amend the declaration and survey map. Here’s how: ` Owner’s Proposal: The owner submits amendments


to the board for approval, specifying any reallocation of units’ interests.


` Board Approval: The board must approve the proposal unless the reallocations are unreasonable or don’t comply with the declaration, WUCIOA, or other law.


` Member Approval: Not required by the WCA (but may be by the declaration); the board and combining owner’s approval is required. WUCIOA legal combinations need member approval (67% or as per the declaration) when common elements in the unit are relocated. The association prepares both the amendments, and the combining owner pays the costs.


The association prepares both of the amendments, and the combining owner pays the costs.


Benefits & Risks of Physical-Only Combinations


` Fewer procedural hurdles and without the work and cost of amendments;


` Member approval not required (check your declaration though to be sure);


` Keeps tax parcels separate, allowing “downsizing” of one parcel;


` May deter buyers and lenders.


Benefits and Risks of Legal Combinations ` Creates transparency via recorded documents; ` Lowers risk of claims of failed/lost sales and eases future sales/financing;


` Costs more financially and time-wise; ` Can’t be reversed in the same way as a physically combined unit.


Challenges aside, combining condominium units offers a creative approach. Whether we blend families, welcome adult children home, age in place, or simply add more “home” to our home, physical and legal unit combination opens up condominium housing’s possibilities.


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