The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
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Terms Used In Washington Code 64.70.020

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • 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
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(1) “Activity or use limitations” means restrictions or obligations created under this chapter with respect to real property.
(2) “Agency” means either the department of ecology, the pollution liability insurance agency, or the United States environmental protection agency, whichever determines or approves the environmental response project pursuant to which the environmental covenant is created.
(3)(a) “Common interest community” means a condominium, cooperative, or other real property with respect to which a person, by virtue of the person’s ownership of a parcel of real property, is obligated to pay property taxes or insurance premiums, or for maintenance, or improvement of other real property described in a recorded covenant that creates the common interest community.
(b) “Common interest community” includes but is not limited to:
(i) An association of apartment owners as defined in RCW 64.32.010;
(ii) A unit owners’ association as defined in RCW 64.34.020 and organized under RCW 64.34.300;
(iii) A master association as provided in RCW 64.34.276;
(iv) A subassociation as provided in RCW 64.34.278; and
(v) A homeowners’ association as defined in RCW 64.38.010.
(4) “Environmental covenant” means a servitude arising under an environmental response project that imposes activity or use limitations.
(5) “Environmental response project” means a plan or work performed for environmental remediation of real property and conducted:
(a) Under a federal or state program governing environmental remediation of real property, including chapters 43.21C, 64.44, 70A.205, 70A.388, 70A.300, 70A.305, 90.48, and 90.52 RCW;
(b) Incident to closure of a solid or hazardous waste management unit, if the closure is conducted with approval of an agency; or
(c) Under the state voluntary clean-up program authorized under chapter 70A.305 RCW or technical assistance program authorized under chapter 70A.330 RCW.
(6) “Holder” means the grantee of an environmental covenant as specified in RCW 64.70.030(1).
(7) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(8) “Record,” used as a noun, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(9) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.