Washington association licensed child care and adult family home checklist

Washington law protects two licensed residential care uses in sections of the Uniform Common Interest Ownership Act. RCW 64.90.570 says an association may not effectively prohibit or unreasonably restrict a licensed family home child care or licensed child day care center. RCW 64.90.585 provides parallel protection for a licensed adult family home.

These sections do not make every proposal automatically acceptable and do not turn the association into the licensing agency. They preserve reasonable rules and specified conditions while placing the license, operating compliance, and professional responsibilities with the provider and public agencies.

Resolve applicability first. RCW 64.90.365 does not list Sections .570 or .585 among the provisions generally extended to communities created before July 1, 2018. Counsel should identify the governing act, creation date, election status, community type, declaration, and other federal, state, and local law before the board acts.

Classify the request accurately. A family home child care, child day care center, and adult family home have different licensing chapters, operating standards, resident or child populations, staffing, access, emergency planning, and property implications. Ask for the legal operator name, proposed license type, capacity, hours, staffing, and official licensing contact rather than relying on a generic description.

The association may apply reasonable rules that are identical to those applied to all other units. It may require the licensed facility to have direct access for persons receiving care, services, or supervision. A rule drafted only for the protected use or applied more harshly requires careful counsel review.

For child care, the statute allows the association to require a license under Chapter 43.216 RCW. For an adult family home, it may require a license under Chapter 70.128 RCW. Verify status through the appropriate agency and calendar renewals without representing that the association has inspected or certified the provider.

The statutes allow defined indemnity arrangements that exclude a condition of an association common element solely maintained by the association. They also allow signed waivers from a parent, guardian, caretaker, resident, or resident representative as specified in the relevant section, and say those waivers need not be notarized. Use counsel-drafted forms; do not improvise releases involving children, vulnerable adults, or common elements.

The association may require liability insurance or self-insurance consistent with the applicable statute and may require the licensed facility to pay costs or expenses associated with the use, including insurance costs, as the section allows. Coordinate association counsel and the insurance broker so limits, additional-insured questions, common-element risk, and proof requirements are lawful and meaningful.

Review building and operating interfaces without substituting for regulators. Consider unit and common-element boundaries, direct access, parking, deliveries, emergency access, fire and life safety, accessibility, noise, waste, utilities, security, signs, exterior changes, and maintenance. Send technical and licensing questions to the public agency or qualified professional.

Use one accountable workflow. Log the request, completeness date, licensing evidence, plans, professional reviews, insurance, proposed agreement, counsel advice, decision, conditions, and follow-up dates. Protect health, disability, child, resident, employee, and family information and limit the board packet to what directors need to decide.

Respond to complaints by identifying the actual behavior or condition. Apply valid, generally applicable rules to noise, parking, waste, damage, unsafe work, or blocked access. Do not use neighbor opposition to the people served as a reason to deny or burden a protected licensed use.

A willful violation of either section can expose an association to actual damages and a civil penalty of up to $1,000. A disputed denial, delay, unequal rule, insurance demand, waiver, access issue, or enforcement matter should go to Washington association counsel early.

This checklist is general board education, not legal, licensing, child-care, health-care, fair-housing, accessibility, insurance, building, fire, employment, or tax advice. Use the applicable licensing agency and qualified professionals for the facility-specific decision.