Condominiums:
RCW 64.34.395 Electric vehicle charging stations. (1)(a) A unit
owners' association may not adopt or enforce a restriction, covenant,
condition, bylaw, rule, regulation, provision of a governing document,
or master deed provision that:
(i) Effectively prohibits or unreasonably restricts the
installation or use of an electric vehicle charging station in
compliance with the requirements of this section and for the personal
noncommercial use of a unit owner, within the boundaries of a unit or
in a designated parking space; or
(ii) Is in conflict with the provisions of this section.
(b) Nothing in this section prohibits an association from
imposing reasonable restrictions on electric vehicle charging
stations. However, it is the policy of the state to promote,
encourage, and remove obstacles to the use of electric vehicle
charging stations.
(2) A unit owners' association may require a unit owner to submit
an application for approval for the installation of an electric
vehicle charging station before installing the charging station.
(3)(a) If approval is required for the installation or use of an
electric vehicle charging station, the application for approval must
be processed and approved in the same manner as an application for
approval of an architectural modification.
(b) The approval or denial of an application must be in writing
and must not be willfully avoided or delayed.
(c) If an application is not denied in writing within 60 days
from the date of receipt of the application, the application is deemed
approved, unless that delay is the result of a reasonable request for
additional information.
(d) A unit owners' association may not assess or charge a unit
owner a fee for the placement of an electric vehicle charging station.
An association may charge a reasonable fee for processing the
application to approve the installation of an electric vehicle
charging station, but only if such a fee exists for all applications
for approval of architectural modifications.
(4) If approval is required for the installation or use of an
electric vehicle charging station, a unit owners' association must
approve the installation within the boundaries of a unit or in a
designated parking space if the installation is reasonably possible
and the unit owner agrees in writing to:
(a) Comply with the association's reasonable architectural
standards applicable to the installation of the electric vehicle
charging station;
(b) Engage an electrical contractor familiar with the standards
for the installation of electric vehicle infrastructure to assess the
existing infrastructure necessary to support the proposed electric
vehicle charging station, identify additional infrastructure needs,
and install the electric vehicle charging station;
(c)(i) Provide, within the time specified in (c)(ii) of this
subsection, a certificate of insurance naming the association as an
additional insured on the unit owner's insurance policy for any claim
related to the installation, maintenance, or use of the electric
vehicle charging station, or, reimbursement to the association for the
actual cost of any increased insurance premium amount attributable to
the charging station;
(ii) A certificate of insurance required under (c)(i) of this
subsection must be provided within 14 days after the association
approves the installation of the electric vehicle charging station. Reimbursement for an increased insurance premium amount under (c)(i)
of this subsection must be provided within 14 days after the unit
owner receives the association's invoice for the amount attributable
to the charging station;
(d) Register the electric vehicle charging station with the
association within 30 days after installation;
(e) Pay for the electricity usage associated with the electric
vehicle charging station and the required means to facilitate payment
for the electricity; and
(f) Comply with the requirements of this section.
(5)(a) A unit owner must obtain any permit or approval for an
electric vehicle charging station as required by the local government
in which the common interest community is located and comply with all
relevant building codes and safety standards.
(b) An electric vehicle charging station must meet all applicable
health and safety standards and requirements imposed by national,
state, or local authorities, and all other applicable zoning, land use
or other ordinances, building codes, or land use permits.
(6)(a) Unless otherwise agreed to by written contract with the
unit owners' association, a unit owner is responsible for the costs of
installing an electric vehicle charging station.
(b) Electric vehicle charging station equipment that is installed
at the unit owner's cost and is removable without damage to the
property owned by others may be removed at the unit owner's cost.
Nothing in this subsection requires the association to purchase the
electric vehicle charging station.
(7) A unit owner must disclose to any prospective buyers of the
unit:
(a) The existence of an electric vehicle charging station and the
related responsibilities of the owner under this section; and
(b) Whether the electric vehicle charging station is removable
and whether the owner intends to remove the charging station.
(8) The owner and each successive owner of an electric vehicle
charging station is responsible for:
(a) Costs for the maintenance, repair, and replacement of the
electric vehicle charging station up until the station is removed;
(b) Costs for damage to the electric vehicle charging station,
any unit, common element, or limited common element resulting from the
installation, use, maintenance, repair, removal, or replacement of the
electric vehicle charging station;
(c) The cost of electricity associated with the electric vehicle
charging station;
(d) Obtaining and maintaining an insurance policy that meets the
requirements in subsection (4)(c) of this section;
(e) If the owner decides to remove the electric vehicle charging
station, costs for the removal and the restoration of the common
element or limited common element after the removal; and
(f) Removing the electric vehicle charging station if reasonably
necessary for the repair, maintenance, or replacement of the common
element or limited common element.
(9) A unit owners' association may install an electric vehicle
charging station in the common elements for the use of all unit owners
and, in that case, the association must develop appropriate terms of
use for the charging station.
(10)(a) A unit owners' association that willfully violates this
section is liable to the unit owner for actual damages, and shall pay
a civil penalty to the unit owner in an amount not to exceed $1,000. (b) In any action by a unit owner requesting to have an electric
vehicle charging station installed and seeking to enforce compliance
with this section, the court shall award reasonable attorneys' fees
and costs to any prevailing unit owner.
(11) The definitions in this subsection apply throughout this
section unless the context clearly requires otherwise.
(a) "Designated parking space" means a parking space that is
specifically designated for use by a particular unit owner, including
a garage, a deeded parking space, and a parking space in a limited
common element that is restricted for use by one or more unit owners.
(b) "Electric vehicle charging station" means a station that
delivers electricity from a source outside an electric vehicle into
one or more electric vehicles. An electric vehicle charging station
may include several charge points simultaneously connecting several
electric vehicles to the station and any related equipment needed to
facilitate charging plug-in electric vehicles.
(c) "Reasonable restriction" means a restriction that does not
significantly increase the cost of an electric vehicle charging
station or significantly decrease its efficiency or specified
performance. [2022 c 27 § 2.]
Homeowners Associations:
RCW 64.38.062 Electric vehicle charging stations. (1)(a) A
homeowners' association may not adopt or enforce a restriction,
covenant, condition, bylaw, rule, regulation, provision of a governing
document, or master deed provision that:
(i) Effectively prohibits or unreasonably restricts the
installation or use of an electric vehicle charging station in
compliance with the requirements of this section and for the personal
noncommercial use of a lot owner, within the boundaries of a lot or in
a designated parking space; or
(ii) Is in conflict with the provisions of this section.
(b) Nothing in this section prohibits an association from
imposing reasonable restrictions on electric vehicle charging
stations. However, it is the policy of the state to promote,
encourage, and remove obstacles to the use of electric vehicle
charging stations.
(2) A homeowners' association may require a lot owner to submit
an application for approval for the installation of an electric
vehicle charging station before installing the charging station.
(3)(a) If approval is required for the installation or use of an
electric vehicle charging station, the application for approval must
be processed and approved in the same manner as an application for
approval of an architectural modification.
(b) The approval or denial of an application must be in writing
and must not be willfully avoided or delayed.
(c) If an application is not denied in writing within 60 days
from the date of receipt of the application, the application is deemed
approved, unless that delay is the result of a reasonable request for
additional information.
(d) A homeowners' association may not assess or charge a lot
owner a fee for the placement of an electric vehicle charging station.
An association may charge a reasonable fee for processing the
application to approve the installation of an electric vehicle
charging station, but only if such a fee exists for all applications
for approval of architectural modifications.
(4) If approval is required for the installation or use of an
electric vehicle charging station, a homeowners' association must
approve the installation within the boundaries of a lot or in a
designated parking space if the installation is reasonably possible
and the lot owner agrees in writing to:
(a) Comply with the association's reasonable architectural
standards applicable to the installation of the electric vehicle
charging station;
(b) Engage an electrical contractor familiar with the standards
for the installation of electric vehicle infrastructure to assess the
existing infrastructure necessary to support the proposed electric
vehicle charging station, identify additional infrastructure needs,
and install the electric vehicle charging station;
(c) Register the electric vehicle charging station with the
association within 30 days after installation;
(d) Pay for the electricity usage associated with the electric
vehicle charging station and the required means to facilitate payment
for the electricity; and
(e) Comply with the requirements of this section.
(5)(a) A lot owner must obtain any permit or approval for an
electric vehicle charging station as required by the local government
in which the common interest community is located and comply with all
relevant building codes and safety standards.
(b) An electric vehicle charging station must meet all applicable
health and safety standards and requirements imposed by national,
state, or local authorities, and all other applicable zoning, land use
or other ordinances, building codes, or land use permits.
(6)(a) Unless otherwise agreed to by written contract with the
homeowners' association, a lot owner is responsible for the costs of
installing an electric vehicle charging station.
(b) Electric vehicle charging station equipment that is installed
at the lot owner's cost and is removable without damage to the
property owned by others may be removed at the lot owner's cost.
Nothing in this subsection requires the association to purchase the
electric vehicle charging station.
(7) A lot owner must disclose to any prospective buyers of the
lot:
(a) The existence of an electric vehicle charging station and the
related responsibilities of the owner under this section; and
(b) Whether the electric vehicle charging station is removable
and whether the owner intends to remove the charging station.
(8) The owner and each successive owner of an electric vehicle
charging station is responsible for:
(a) Costs for the maintenance, repair, and replacement of the
electric vehicle charging station up until the station is removed;
(b) Costs for damage to the electric vehicle charging station,
any lot, common area, or limited common area resulting from the
installation, use, maintenance, repair, removal, or replacement of the
electric vehicle charging station;
(c) The cost of electricity associated with the electric vehicle
charging station;
(d) If the owner decides to remove the electric vehicle charging
station, costs for the removal and the restoration of the common area
or limited common area after the removal; and
(e) Removing the electric vehicle charging station if reasonably
necessary for the repair, maintenance, or replacement of the common
area or limited common area.
(9) A homeowners' association may install an electric vehicle
charging station in the common area for the use of all lot owners and,
in that case, the association must develop appropriate terms of use
for the charging station.
(10)(a) A homeowners' association that willfully violates this
section is liable to the lot owner for actual damages, and shall pay a
civil penalty to the lot owner in an amount not to exceed $1,000.
(b) In any action by a lot owner requesting to have an electric
vehicle charging station installed and seeking to enforce compliance
with this section, the court shall award reasonable attorneys' fees
and costs to any prevailing lot owner.
(11) The definitions in this subsection apply throughout this
section unless the context clearly requires otherwise.
(a) "Designated parking space" means a parking space that is
specifically designated for use by a particular lot owner, including a
garage, a deeded parking space, and a parking space in a limited
common area that is restricted for use by one or more lot owners.
(b) "Electric vehicle charging station" means a station that
delivers electricity from a source outside an electric vehicle into
one or more electric vehicles. An electric vehicle charging station
may include several charge points simultaneously connecting several
electric vehicles to the station and any related equipment needed to
facilitate charging plug-in electric vehicles. (c) "Reasonable restriction" means a restriction that does not
significantly increase the cost of an electric vehicle charging
station or significantly decrease its efficiency or specified
performance. [2022 c 27 § 3.]