Washington House Bill 2304 (HB 2304) is likely to be signed by the Governor. The bill is designed to increase the supply of condominiums by modifying warranty requirements under the Washington Uniform Common Interest Ownership Act (WUCIOA). The bill passed the Washington Legislature on February 26, 2026.
Key Provisions
The bill expands the types of buildings where developers can opt out of implied warranties of quality by providing a written express warranty and insurance coverage (often called a “2-10 warranty”).
- Expanded Eligibility: It allows the express warranty option for condominium buildings with four or fewer stories. Previously, this was limited to buildings with three or fewer stories (if one was for parking/commercial use) or two or fewer stories otherwise.
- Unit Limit: The building must still contain 12 or fewer units.
- Warranty Requirements: To qualify, the express warranty must:
- Be acknowledged in writing by the purchaser.
- Apply to all units and common areas.
- Provide minimum coverage for workmanship/materials (1 year), systems (2 years), and structural defects (10 years).
Purpose and Impact
Supporters, including the Washington Realtors and the Building Industry Association of Washington, argue that high insurance costs for “implied warranties” have historically discouraged condo development. By allowing more buildings to use “express warranties,” the bill aims to:
- Lower construction and insurance costs for builders.
- Increase “middle housing” options like stacked flats.
- Improve accessibility for seniors by encouraging four-story buildings with elevators.
Detailed status and reports can be found on the Washington State Legislature’s HB 2304 page.