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2022 House Bill 1793: Concerning electric vehicle charging stations in common interest communities
Introduced by Rep. David Hackney (King) (D) on January 10, 2022
Referred to the House Civil Rights & Judiciary Committee on January 10, 2022
Substitute offered in the House on January 28, 2022
• Prohibits an association of unit owners in a common interest community from prohibiting or unreasonably restricting the installation or use of an electric vehicle charging station (EVCS) within the boundaries of an owner's unit or in a designated parking space.
Amendment offered by Rep. Greg Gilday (Camano) (R) on February 9, 2022
Strikes the provisions making an association liable to a unit owner for actual damages and civil penalties in cases of willful violations.
The amendment failed by voice vote in the House on February 9, 2022
Amendment offered by Rep. David Hackney (King) (D) on February 9, 2022
(1) Strikes language stating that removable electric vehicle charging station (EVCS) equipment is not considered real property in any form, including fixture law. (2) Removes provisions stating that, upon sale of the apartment, unit, or lot, the owner may either remove the EVCS or sell it to the buyer or to the association. (3) Strikes provisions allowing an association to assess the cost of infrastructure improvements against each owner that has installed an EVCS after the association reasonably determines that the improvements are required due to cumulative use of electricity attributable to the use of EVCS in the community. (4) Amends presale disclosure requirements in the Condominium Act and the Washington Uniform Common Interest Ownership Act, and requires a unit owner to provide a purchaser with a statement describing any requirements related to EVCS located in the unit or the limited common elements assigned to the unit, including application status, insurance information, maintenance responsibilities, and any associated costs.
The amendment passed by voice vote in the House on February 9, 2022
Amendment offered by Rep. Brad Klippert (Benton) (R) on February 9, 2022
Authorizes, instead of requiring, the court to award 23 reasonable attorneys' fees to any prevailing party, rather than to 24 any prevailing apartment owner, lot owner, or unit owner.
The amendment failed by voice vote in the House on February 9, 2022
Received in the Senate on February 11, 2022
Referred to the Senate Law & Justice Committee on February 11, 2022
Referred to the Senate Rules Committee on February 24, 2022
Signed by Gov. Jay Inslee on March 11, 2022