Forget your favorite tiny home hunter show for a minute—this is real life. Despite what the media tells us, homeowners and homebuilders, have only very recently begun to shrink their standards in favor of more compact confines.

In the 1990s, if you can remember back that far, about 23.2 percent of homes built were 3,000 square feet or more according to a builderonline.com article based on data taken from the Census Bureau American Housing Survey (AHS). But after the recession, square footage dropped, right? Not so much. The study, which looked at the years between 1990 and 2015, saw the number of 3,000-plus square foot homes built actually increase to 28.6 percent from 2010 to 2015. In fact, the tiny trend didn't really start picking up steam until mid-2016, when millennials and other such first-time buyers became a big enough segment to affect census numbers.

What's interesting is that the minor dent young folks and first-timers are putting in the overall evolution of expanse isn't enough yet to pull builders off course. As labor and land costs expand with our house sizes, builders are less likely to put themselves at risk, opting to operate in the higher-end housing market boasting secure returns, as opposed to taking a less calculated dip into the lower-end income pool and the smaller—dare we say ‘tiny'—household segment.

Does that mean lower-end shoppers are out of luck?

Not necessarily. Townhouse construction is on the rise, accounting for 9 percent of single-family homes from 2010-2015 (up from 6 percent during the ‘90s), and, according to the Builder article, recent data reports show townhouse construction making upwards of 12 percent of total construction in current quarters.

Will townhomes and tiny houses continue to creep into the bigger picture? Time will tell, but it's safe to say as costs continue to rise and people continue coming to hotspots like Seattle and the Puget Sound region, both builders and buyers will continue to push traditional housing boundaries and seek out less expensive, more practical means of housing.

Should be an interesting evolutionary ride.

Craving more on less? Check out Seattle's tiny home revolution.

A home is more than bricks and sticks. Under the law and project documents summarized below, a complex bundle of rights and obligations are imposed upon the buyer and builder.

Why is disclosure a buyer’s best friend? The best consumer protection the law can provide is ensuring an opportunity to acquire an understanding of the products being purchased. This is difficult to achieve, however, because of the complex bundle of rights and obligations being obtained.¹

A builder wants a buyer to buy—but only what the builder is selling; not what a buyer mistakenly hopes or believes is being sold. To avoid post-closing disputes, a builder needs clear guidance to describe what is being sold (the complex bundle of rights and obligations).

The Washington Condominium Act (WCA, RCW 54.34, for condominiums) and Land Development Act (LDA, RCW 58.19, for subdivisions) require a Public Offering Statement (POS) containing mandatory specific information. The objectives fostered by this approach include: providing guidance for POS contents; promoting clear and concise POS’s; encouraging buyers to read and understand; avoiding irrelevant, ambiguous, and confusing disclosures; avoiding a false sense of security that lengthy POS’s contain all relevant information; promoting uniform POS’s; facilitating project comparison; enabling POS preparation at reasonable cost; facilitating obtaining legal opinions; and decreasing the need for state agency review. The WCA-POS is mandatory. The LDA-POS is often not required because of various exemptions (e.g., lot is improved with, or builder is under contract to build, a house). But, an LDA-POS may be given voluntarily. ^{1, 2}

The WCA/LDA disclosures involve three components: cautions to buyers, topics covered, and documents delivered. To avoid post-closing disputes, WCA/LDA POS’s provide the following cautions: buyer has a cancellation period; buyer may only rely on seller representations and express warranties contained in the POS or a writing signed by seller; buyer may not rely upon agent’s promises; POS is only a summary of some significant aspects of the home; documents are complex, contain other important information and create binding obligations; and buyer should seek legal counsel assistance. ²

The topics covered by the POS include: community name and address; developer and management company name, address and relationship; nature of interest being purchased; permitted and restricted uses; number of homes; principal amenities; limited common areas; land the owners and others may access; construction status; association and owner maintenance; owner's assessments; other dwelling fees; governmental assessments; blanket encumbrances; developer’s rights; model homes; association liens; physical hazards; construction warranties; building code violations; association litigation; association insurance; documents delivered; insulation data; and Form 17 environmental disclosures. ²

The documents delivered with the POS include: public offering statement; declaration; plat/survey map; HOA articles; HOA bylaws; HOA rules; HOA balance sheet; HOA annual budget; and construction warranty. ²

The Form 17 Seller Disclosure Statement (provided for under RCW 64.06) creates problems for sellers— the questions are subjective, subject to multiple interpretations, provide grounds for litigation, and are not well designed for builder project sales. Buyers may waive, and builders need not provide, a Form 17. Builders should give either a WCA or LDA POS in lieu of a Form 17—builders are not avoiding disclosures, but are providing disclosures more appropriate for project sales. However, the builder must provide in the POS the Form 17, Section 7 Environmental Disclosures if any question would be answered YES. ³

A single Disclosure Book, with Acknowledgement Addendum, should be used, and contains: POS and documents; delivered when PSA signed; makes disclosures a part of buyer’s contract; avoids document delivery hassles; assures that buyer gets disclosures; and makes proof of delivery easier.

The builder’s Addendum to the Purchase and Sale Agreement should provide for buyer’s waiver of the Form 17 and acceptance of the builder’s alternative Disclosure Book.

Endnotes: ¹ WCA Comments; ² RCW 64.34.400, 405 & 410 and 58.19.030, 045 & 055; ³ RCW 64.06.

Author: James C. (Pete) Middlebrooks, owner of the Law Office of James C. Middlebrooks, provides comprehensive services to individual, corporate, and institutional clients on residential and commercial real estate development, land use, acquisition, investment, and financing.

423.252.2693  |  pete@jcmiddlebrooks.com

Contact:
Stephanie Giralmo, Public Relations & Media Manager
Master Builders Association of King and Snohomish Counties
p 425.457.7067

FOR IMMEDIATE RELEASE

MBAKS Gives Local Charity a Fresh Coat of Paint

KENT, WA—Since 2003, the Master Builders Association of King and Snohomish Counties (MBAKS) has painted hundreds of thousands of square feet for various service organizations through our Painting a Better Tomorrow (PBT) community stewardship program. PBT is a one-day event that brings MBAKS members and community volunteers together to paint a local service organization’s facility.

“Frequently, the first maintenance item to be removed off an operational budget is painting, so many of our recipients have gone years without this much-needed improvement,” stated MBAKS Interim Executive Director Jerry Hall. “The Painting a Better Tomorrow program allows us to give back to the community by helping create a welcoming space for the communities that they serve.”

This year MBAKS selected King County non-profit Valley Cities Behavioral Health Care as their 2022 partner. Valley Cities provides case management, vocational training, housing support, peer support, crisis support and a wide variety of other support services to meet the unique needs of each. Valley Cities serves more than 20,000 people each year through intensive behavioral health care, counseling, and support services.

"It's important to make our clients feel like our space is welcoming, soothing, and calming so they feel safe enough to access care,” said Kent Clinic Manager, Jessica Forshee. “That's exactly why we looked for programs and grants to create spaces of belonging."

Programs like these would not be possible without the help from our sponsors. Thank you to our signature sponsor ERNWest for their support throughout the years.

About MBAKS

Founded in 1909 and headquartered in Bellevue, Washington, the Master Builders Association of King and Snohomish Counties (MBAKS) is the nation’s oldest and largest local homebuilders’ association. Like our founders, our members continue to take a leading role in all facets of homebuilding and support the planning for a growing region. From new technology to advances in sustainability, from collaborative public policy efforts to investing in our communities, our commitment to a thriving, inclusive and well-planned region never wavers. We are the professional homebuilders, architects, remodelers, tradespeople (carpenters, framers, roofers, plumbers, electricians), planners and engineers, suppliers, manufacturers, and sales and marketing professionals in your community who believe everyone deserves access to a healthy and productive place to call home.

About Valley Cities Behavioral Health Care

Established by community members of South King County in 1965, Valley Cities Behavioral Health Care has provided behavioral health care services to people of all ages for over 50 years. Through the ongoing support of the community, Valley Cities delivers compassionate care to over 20,000 individuals at 10 outpatient clinics, 2 inpatient detox centers, and 1 Cohen Military Family clinic. Valley Cities offers licensed mental health counseling and substance use disorder treatment; homeless outreach services and housing programs; and specialized services that deliver counseling and family support to veterans and their families. Throughout their long history, Valley Cities has remained focused on helping families and individuals by delivering a continuum of services designed to maximize client potential and success. Their work is founded on their unwavering belief in the resiliency and strength of the human spirit. That, with help, people can and do overcome the barriers and obstacles that confront them.

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