# RCW 64.34.348: RCW 64.34.348: Common elements—Conveyance—Encumbrance > Washington · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_WA_T64_C34_S348 ## Section - **Citation:** RCW 64.34.348 - **Heading:** RCW 64.34.348: Common elements—Conveyance—Encumbrance - **Jurisdiction:** Washington - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Washington Code / Title 64 / Chapter 34 / Section 348 ## Text (1) Portions of the common elements which are not necessary for the habitability of a unit may be conveyed or subjected to a security interest by the association if the owners of units to which at least eighty percent of the votes in the association are allocated, including eighty percent of the votes allocated to units not owned by a declarant or an affiliate of a declarant, or any larger percentage the declaration specifies, agree to that action; but all the owners of units to which any limited common element is allocated must agree in order to convey that limited common element or subject it to a security interest. The declaration may specify a smaller percentage, but not less than sixty-seven percent of the votes not held by a declarant or an affiliate of a declarant, only if all of the units are restricted exclusively to nonresidential uses. Proceeds of the sale or financing are an asset of the association. The declaration may provide for a special allocation or distribution of the proceeds of the sale or refinancing of a limited common element. (2) An agreement to convey common elements or subject them to a security interest must be evidenced by the execution of an agreement, or ratifications thereof, in the same manner as a deed, by the requisite number of unit owners. The agreement must specify a date after which the agreement will be void unless recorded before that date. The agreement and all ratifications thereof must be recorded in every county in which a portion of the condominium is situated and is effective only upon recording. (3) The association, on behalf of the unit owners, may contract to convey common elements or subject them to a security interest, but the contract is not enforceable against the association until approved pursuant to subsections (1) and (2) of this section. Thereafter, the association has all powers necessary and appropriate to effect the conveyance or encumbrance, including the power to execute deeds or other instruments. (4) Any purported conveyance, encumbrance, or other voluntary transfer of common elements, unless made pursuant to this section, is void. (5) A conveyance or encumbrance of common elements pursuant to this section shall not deprive any unit of its rights of access and support. (6) A conveyance or encumbrance of common elements pursuant to this section shall not affect the priority or validity of preexisting encumbrances. ## Nearby sections - [RCW 64.34.005 RCW 64.34.005: Findings—Intent—2004 c 201.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T64_C34_S005.md) - [RCW 64.34.010 RCW 64.34.010: Applicability.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T64_C34_S010.md) - [RCW 64.34.020 RCW 64.34.020: Definitions.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T64_C34_S020.md) - [RCW 64.34.030 RCW 64.34.030: Variation by agreement.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T64_C34_S030.md) - [RCW 64.34.040 RCW 64.34.040: Separate interests—Taxation.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T64_C34_S040.md) - [RCW 64.34.050 RCW 64.34.050: Local ordinances, regulations, and building codes—Applicability.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T64_C34_S050.md) - [RCW 64.34.060 RCW 64.34.060: Condemnation.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T64_C34_S060.md) - [RCW 64.34.070 RCW 64.34.070: Law applicable—General principles.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T64_C34_S070.md) - [RCW 64.34.073 RCW 64.34.073: Application of chapter 64.55 RCW.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T64_C34_S073.md) - [RCW 64.34.076 RCW 64.34.076: Application to common interest communities.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T64_C34_S076.md) - [RCW 64.34.080 RCW 64.34.080: Contracts—Unconscionability.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T64_C34_S080.md) - [RCW 64.34.090 RCW 64.34.090: Obligation of good faith.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T64_C34_S090.md) - [RCW 64.34.100 RCW 64.34.100: Remedies liberally administered.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T64_C34_S100.md) - [RCW 64.34.110 RCW 64.34.110: New declaration minimum density.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T64_C34_S110.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_WA_T64_C34_S348. Check the current official text before relying on it. Not legal advice.