“Acceptance of offer of sale” means a written commitment for the purchase of a condominium unit or interest in a cooperative at a specific price and on specific terms.

“Agent” means any person, firm, partnership, association, joint venture, corporation or any other entity or combination of entities who represents or acts for or on behalf of a developer in selling or offering to sell any condominium or cooperative unit or interest in a cooperative.

“Building” means any existing structure containing one or more dwelling units and any grouping of such structures which as rental units were operated under a single name and as converted buildings are the subject of a single declaration or simultaneous declarations filed pursuant to the Horizontal Property Regimes Act (RCW Chapter 64.32).

“Condominium” means real property, containing three or more units as defined in the Building Code (Chapter 15.04*), portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real property is not a condominium unless the undivided interests in the common elements are vested in the unit owners, and unless a declaration and a survey map and plans have been recorded pursuant to the state statute.

“Condominium unit” means any dwelling unit in a condominium.

“Conversion condominium” means a condominium (a) that at any time before creation of the condominium was lawfully occupied wholly or partially by a tenant or subtenant for residential purposes pursuant to a rental agreement, oral or written, expressed or implied, for which the tenant or subtenant had not received the notice described in (b) of this section; or (b) that at any time within 12 months before the conveyance of or acceptance of an agreement to convey any unit therein other than to a declarant or any affiliate of a declarant was lawfully occupied wholly or partially by a residential tenant of a declarant or an affiliate of a declarant and such tenant was not notified in writing prior to lawfully occupying a unit or executing a rental agreement, whichever event occurs first, that the unit was part of a condominium and subject to sale. “Conversion condominium” shall not include a condominium in which before July 1, 1990, any unit therein had been conveyed or been made subject to an agreement to convey to any transferee other than a declarant or an affiliate of a declarant.

“Conversion of condominiums” means the filing of a declaration pursuant to the Horizontal Property Regimes Act or the sale by a developer of condominium units that were previously rental units.

“Conversions of cooperatives” means the execution of a lease agreement by a member of a cooperative association.

“Converted building” means any condominium or cooperative which formerly contained rental dwelling units.

“Conveyance” means any transfer of the ownership of a unit, including a transfer by deed or by real estate contract and, with respect to a unit in a leasehold condominium, a transfer by lease or assignment thereof, but shall not include a transfer solely for security.

“Cooperative” means any existing structure, including surrounding land and improvements, which contains one or more dwelling units and which: (1) is owned by an association organized pursuant to the Cooperative Association Act (RCW Chapter 23.86); or (2) is owned by an association with resident shareholders who are granted renewable leasehold interests in housing units in the building.

“Cooperative unit” means any dwelling unit in a cooperative.

“Declarant” means any person or group of persons acting in concert who (a) executes as declarant a declaration as defined herein, or (b) reserves or succeeds to any special declarant right under the declaration. The word “declarant” and “developer” may be interchanged in this chapter.

“Declaration” means the document, however denominated, that creates a condominium by setting forth the information required by RCW 64.34.216 and RCW Chapter 64.32 and any requirements to those documents.

“Developer” means any person, firm, partnership, association, joint venture or corporation or any other entity or combination of entities or successors thereto who: (A) undertake to convert, sell, or offer for sale condominium units or (B) undertake to convert rental units to cooperative units or sell cooperative shares in an existing building which contains housing units or lease units to a cooperative association’s shareholders. The term “developer” includes the developer’s agent and any other person acting on behalf of the developer.

“Eviction” means any effort by a developer to remove a tenant from the premises or terminate a tenancy by lawful or unlawful means.

“Housing code” means the International Residential Code adopted by RMC Chapter 15.08.

“Offer for sale to public” means any advertisement, inducement, solicitation, or attempt by a developer to encourage any person other than a tenant to purchase a condominium or cooperative unit.

“Offer of sale to tenant” means a written offer to sell a condominium or cooperative unit to the tenant in possession of that unit at a specific price and on specific terms.

“Owners’ association” means the association formed by owners of units in a condominium or cooperative for the purpose of managing the condominium or cooperative.

“Person” means any individual, corporation, partnership, association, trustee or other legal entity.

“Real property” means any fee leasehold or other estate or interest in over or under land, including structures, fixtures and other improvements thereon and easement rights and interests pertinent thereto which by custom, usage or law pass with a conveyance of land although not described in the contract of sale or instrument of conveyance. “Real property” includes parcels with or without upper or lower boundaries and spaces that may be filled with air or water.

“Rental unit” means any dwelling unit, other than a detached single-family residential dwelling, which is occupied pursuant to a lawful rental agreement, oral or written, express or implied, which was not owned as a condominium unit or cooperative unit on the effective date of the ordinance codified in this chapter. A dwelling unit in a converted building for which there has been no acceptance of sale on the effective date of the ordinance codified in this chapter shall be considered a rental unit.

“Residential purposes” means use for dwelling or recreational purposes or both.

“Subtenant” means a person in possession of a rental unit through the tenant with the knowledge and consent of the owner.

“Tenant” means any person who occupies or has a leasehold interest in a rental unit under a lawful rental agreement whether oral or written, express or implied. (Ord. 2596 § 2 (part), 2011; Ord. 1744 §§ 1, 2, 1993; Ord. 1569 § 4, 1990; Ord. 858 § 1.2, 1979).