You ask some good questions. Generally speaking, RCW 64.34.308(5)(b), to which I believe you are referring, means that the period of the declarant's control terminates at the very latest when one of the events listed in subparts (i)- (iv) occurs. Specifically, when the first event (of those listed in subparts (i)- (iv)) occurs, then the declarant's control terminates. As for how and if that statute applies to your situation I am very hesitant to provide a response without more details. The situation you describe is very fact specific and likely involves interpretation of the statute and other documents. You would be well served by seeking legal counsel that can review the relevant facts and law with you closely and then help you determine the most appropriate course of action.
Providing this general response does not create an attorney client relationship.Ask a similar question