WA People
BILL · 2003–04 SESSION · LATEST VERSION 2ESSB 5536

SB 5536: Condominiums

Resolving claims relating to condominium construction.

Summary

  • Allows arbitration of condo construction disputes by agreement of the parties at the time a dispute arises;
  • Explicitly establishes the measure of damages in a condominium construction defect case and establishes an affirmative defense against a claim of a breach of an implied warranty;
  • Requires third party independent inspections of condo construction for conformance to engineering and construction standards and for compliance with applicable laws; and
  • Provides for a warranty insurance program that a builder may agree to in exchange for immunity from liability under the construction warranty standards of the Washington Condominium Act, and provides that if a builder buys such an insurance policy, a condo owner's recourse for a construction defect is to file a claim with the insurer.

From the Substitute House Bill Analysis (SSB 5536), written by the Legislature's nonpartisan staff. Read the full report ↗

Enacted Enacted · Chapter 201, Laws of 2004
  1. IntroducedJan 29, 2003
  2. Out of committeeFeb 21, 2003
  3. Passed SenateMar 11, 2003
  4. Passed HouseMar 5, 2004
  5. GovernorMar 29, 2004
  6. LawMar 29, 2004
Prime sponsor
Bill Finkbeiner (R-45)
Introduced
January 29, 2003 in the Senate
Last action
March 29, 2004
Session law
Chapter 201, Laws of 2004
Budget
Has a fiscal note
Versions
SB 5536, 2ESSB 5536

AN ACT Relating to condominiums;

Sponsors

Prime sponsor: Bill Finkbeiner (R-45)

16 co-sponsors (2 Democrats, 14 Republicans)

Aaron Reardon D-38Pam Roach R-31Patricia Hale R-8Jim Horn R-41Don Benton R-17Bob Morton R-7Mike Hewitt R-16Dave Schmidt R-44Jim Kastama D-25Larry Sheahan R-9Joyce Mulliken R-13Stephen Johnson R-47Linda Evans Parlette R-12Val Stevens R-39James West R-6Luke Esser R-48

Votes

Senate · 3rd Reading & Final Passage

Passed March 11, 2003
Version voted on: 2ESSB 5536
41 Yea 8 Nay 0 Absent 0 Excused
PartyYeaNayAbsentExcused
Democrat16800
Republican25000
How each member voted
Permalink to this vote

Senate · 3rd Reading & Final Passage

Passed February 12, 2004
Version voted on: 2ESSB 5536
46 Yea 3 Nay 0 Absent 0 Excused
PartyYeaNayAbsentExcused
Democrat21300
Republican25000
How each member voted

Yea (46)

Permalink to this vote

House · FP as Amd by the House

Passed March 5, 2004
Version voted on: 2ESSB 5536
94 Yea 0 Nay 0 Absent 4 Excused
PartyYeaNayAbsentExcused
Democrat50002
Republican44002
How each member voted

Yea (94)

Permalink to this vote

House · FP as Amd by the House

Passed March 10, 2004
Version voted on: 2ESSB 5536
97 Yea 0 Nay 0 Absent 1 Excused
PartyYeaNayAbsentExcused
Democrat51001
Republican46000
How each member voted

Yea (97)

Excused (1)

Permalink to this vote

Senate · Final Passage as Amended by the House

Passed March 11, 2004
Version voted on: 2ESSB 5536
49 Yea 0 Nay 0 Absent 0 Excused
PartyYeaNayAbsentExcused
Democrat24000
Republican25000
How each member voted

Yea (49)

Permalink to this vote
1 other recorded vote (amendments, procedural motions)

Senate · Amendment 75 by Winsley (page 16, line 35)

March 11, 2003
Version voted on: 2ESSB 5536
28 Yea 21 Nay 0 Absent 0 Excused
PartyYeaNayAbsentExcused
Democrat22200
Republican61900
How each member voted
Permalink to this vote

History

  1. Effective date 6/10/2004. (2ESSB 5536)
  2. Chapter 201, 2004 Laws. (2ESSB 5536)
  3. Governor signed. (2ESSB 5536)
  4. Delivered to Governor. (2ESSB 5536)
  5. Speaker signed. (2ESSB 5536)
  6. President signed. (2ESSB 5536)
  7. Passed final passage; yeas, 49; nays, 0; absent, 0; excused, 0. (2ESSB 5536)
  8. Senate concurred in House amendments. (2ESSB 5536)
  9. Rules suspended. Placed on Third Reading. (2ESSB 5536)
  10. Third reading, passed; yeas, 97; nays, 0; absent, 0; excused, 1. (2ESSB 5536)
  11. Floor amendment(s) adopted. (2ESSB 5536)
  12. Rules suspended. (2ESSB 5536)
  13. Returned to second reading for amendment. (2ESSB 5536)
  14. Senate refuses to concur in House amendments. Asks House to recede from amendments. (2ESSB 5536)
  15. Third reading, passed; yeas, 94; nays, 0; absent, 0; excused, 4. (2ESSB 5536)
  16. Rules suspended. Placed on Third Reading. (2ESSB 5536)
  17. Committee amendment not adopted. (2ESSB 5536)
  18. Floor amendment(s) adopted. (2ESSB 5536)
  19. Placed on second reading by Rules Committee. (2ESSB 5536)
  20. Passed to Rules Committee for second reading. (2ESSB 5536)
  21. Minority; do not pass. (2ESSB 5536)
  22. JUDI - Majority; do pass with amendment(s). (2ESSB 5536)
  23. JUDI - Executive action taken by committee. (2ESSB 5536)
  24. First reading, referred to Judiciary. (2ESSB 5536)
  25. Third reading, passed; yeas, 46; nays, 3; absent, 0; excused, 0. (2ESSB 5536)
  26. Rules suspended. Placed on Third Reading. (2ESSB 5536)
  27. Floor amendment(s) adopted. (2ESSB 5536)
  28. Returned to second reading for amendment. (2ESSB 5536)
  29. Rules suspended. (2ESSB 5536)
  30. Placed on third reading by Rules Committee. (2ESSB 5536)
  31. By resolution, reintroduced and retained in present status. (2ESSB 5536)
  32. By resolution, reintroduced and retained in present status. (2ESSB 5536)
  33. By resolution, returned to Senate Rules Committee for third reading. (2ESSB 5536)
  34. Placed on third reading by Rules Committee. (2ESSB 5536)
  35. By resolution, reintroduced and retained in present status. (2ESSB 5536)
  36. By resolution, returned to Senate Rules Committee for third reading. (2ESSB 5536)
  37. JUDI - Executive action taken by committee. (2ESSB 5536)
  38. JUDI - Majority; do pass with amendment(s). (2ESSB 5536)
  39. Passed to Rules Committee for second reading. (2ESSB 5536)
  40. First reading, referred to Judiciary. (2ESSB 5536)
  41. Third reading, passed; yeas, 41; nays, 8; absent, 0; excused, 0. (2ESSB 5536)
  42. Rules suspended. Placed on Third Reading. (2ESSB 5536)
  43. Floor amendment(s) adopted. (2ESSB 5536)
  44. 1st substitute bill substituted. (2ESSB 5536)
  45. 1st substitute bill substituted.
  46. Placed on second reading by Rules Committee. (2ESSB 5536)
  47. Placed on second reading by Rules Committee.
  48. Passed to Rules Committee for second reading. (2ESSB 5536)
  49. Passed to Rules Committee for second reading.
  50. JUD - Majority; 1st substitute bill be substituted, do pass. (2ESSB 5536)
  51. JUD - Majority; 1st substitute bill be substituted, do pass.
  52. First reading, referred to Judiciary.

SB 5536 in other sessions

Bill numbers restart every two years, so the same number is a different bill in each session.

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