[Legislativecommittee1] HB 2354 (CICs)

Tue Jan 20 15:11:09 PST 2026

Neutral.

This bill does not directly impact the title or escrow industries. It does require disclosures in a CIC resale certificate or Form 17, and may impact when a CIC resale certificate is required (which is based on the size of the project). Title companies already need to determine if a project is a CIC subject to WUCIOA. This bill does not change that.

By the way, a word of caution when reading the AI generated description of a bill as requested by JP. All of the “opinions” of Artificial Intelligence should not be taken as gospel without reading the bill itself. I read this one before actually reading the bill, and was struck by the many concerning “absolutes” relating to title and escrow that made me assume the bill was more than in actually is. Examples:

“Because title companies and escrow agents handle transactions involving condominiums and other common interest communities, these changes could indirectly affect their due‑diligence processes and disclosures. HB 2354 does not impose new taxes, fees, or direct regulations on title or escrow services, but it alters property rights and obligations that must be acknowledged in conveyances.” My comments: There is no related due diligence regarding the issues in this bill. The statute provides for disclosures but not necessarily in the deed. They can be made in the resale certificate or Form 17. Title companies do not have a due diligence to determine compliance. Each underwriter is free to interpret what “disclosures” must be affirmatively (expressly or otherwise) reported (shown? excepted?), of course.

“Title companies and escrow officers must verify that disclosures about EV stations (and possibly heat pumps) are provided to purchasers.” My comment: DOES NOT. There are no more provisions in this bill than in the existing statute. Also, a title policy does not insure compliance with disclosures, whether they are made (or not) in a seller’s resale certificate or Form 17. Coverage relates to an exception for the existence of an encumbering document, and loss due to violations of CCRs as specified in coverage endorsements.

“Title examiners will need to check that recorded declarations and HOA governing documents comply with HB 2354’s prohibitions against unreasonable restrictions on EV chargers and heat pumps.” My comment: Examiners do not do this with respect to such matters (or other matters) in any CCRs. Endorsements offered with title policies (such as the ALTA 4 and ALTA 5 series) concern compliance with creation of a CIC, and against loss due to violations of restrictions that restrict the use of the land, but the existence of improvements and the disclosure of the same to a purchaser are not affirmatively insured nor is loss against such a disclosure insured. I don’t see the ALTA 9 series or similar endorsements as relating to the existence of EV charging statements or heat pumps either. Underwriters might differ in the interpretation of endorsements to this situation, of course.

“Future condominium or HOA declarations may need to include specific provisions for charging stations, heat pumps, and the responsibilities of owners, which will become part of the chain of title.” Deed provisions that are “part of the chain of title” are of concern only to the extent that a policy is subject to them (necessitating an exception). I see no coverage situation that requires specific disclosure of these specific provisions.

“The bill does not directly regulate or tax the title or escrow industry, but it introduces new owner obligations and disclosure requirements that will need to be reflected in title examinations, HOA declarations, seller disclosures, and closing documents.” My comment: NO.

“These changes don’t add new fees or taxes but will require title companies and escrow officers to adjust due‑diligence procedures, update disclosure forms, and ensure HOA documents comply with the new rules.” My comment: NO

As noted above, title companies already need to determine if a project is a CIC subject to WUCIOA. This bill does not change that.

I am concerned that AI summaries will seem to assume title insurers and escrow officers are required or obligated to do much more than is true. Might these assumptions somehow be generated by AI in future claims situations for any matter (not just with respect to a particular bill that is adopted) and impact the way claims are handled and litigated?

I’m happy to discuss my opinions on these matters, but believe that we should remain neutral on this bill.

George

George Peters, WTP

Sean Holland, WTP

Co-Executive Directors

Washington Land Title Association

 <https://washingtonlandtitle.com/> https://washingtonlandtitle.com 

Mail: PO Box 328, Lynnwood, WA 98046

Delivery: 6817 208th St SW, #328, Lynnwood, WA 98036

206-437-5869 (George’s Mobile)

206-697-4199 (Sean’s Mobile)

 <mailto:execdirector at wltaonline.org> execdirector at washingtonlandtitle.com

This is a confidential communication intended solely for the named recipient. If you are not the intended recipient, please destroy it and call George Peters at 206-437-5869 immediately. Thank you.

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