HB 1793 — Concerning electric vehicle charging stations in common interest communities.

p.In such cases, the association may enter into a license agreement with the owner for the use of the space in a common element, and the owner must comply with the requirements of this section.

6(6)(a) ESHBA 1793unit (b)owner Anmust electricobtain vehicleany chargingpermit stationor mustapproval meetfor allan applicableelectric healthvehicle andcharging safetystation standardsas andrequired requirements imposed by national,the state,local orgovernment localin authorities,which andthe allcommon otherinterest applicablecommunity zoning,is landlocated useand orcomply otherwith ordinances,all relevant building codes,codes orand landsafety usestandards. permits.

(6)(a)(b) UnlessAn otherwiseelectric agreedvehicle tocharging bystation writtenmust contractmeet withall theapplicable unithealth owners'and association,safety astandards unitand ownerrequirements isimposed responsibleby fornational, thestate, costsor oflocal installingauthorities, anand electricall vehicleother chargingapplicable station.zoning, land use or other ordinances, building codes, or land use permits.

(b)(7)(a) ElectricUnless vehicleotherwise chargingagreed stationto equipmentby thatwritten iscontract installedwith at the unit owner'sowners' costassociation, anda isunit removableowner withoutis damageresponsible tofor the propertycosts ownedof byinstalling othersan mayelectric bevehicle removedcharging atstation. the unit owner's cost.

Nothing(b) inAn thiselectric subsectionvehicle requirescharging station installed at the associationunit toowner's purchasecost theis electricproperty vehicleof chargingthe station.unit owner.

(7)Upon Asale of the unit, if the charging station is removable, the unit owner mustmay discloseeither toremove anyit prospectiveor buyerssell it to the buyer of the unit:unit or to the association for an p.

7 HB 1793 agreed price.

Nothing in this subsection requires the buyer or the association to purchase the electric vehicle charging station.

(8) A unit owner must disclose to any prospective buyers of the unit:

and (b) Whether the electric vehicle charging station is removable and whether the owner intends to remove the charging station.station in order to install it at the owner's new place of residence.

(8)(9) The owner and each successive owner of an electric vehicle charging station is responsible for:

(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;

(9)(10) AIf a unit owners' association mayreasonably installdetermines anthat electricthe vehiclecumulative charginguse stationof electricity in the common elementsinterest forcommunity attributable to the installation and use of allelectric unitvehicle ownerscharging and,stations inrequires thatthe case,installation of additional infrastructure improvements to provide the associationcommunity mustwith developa appropriatesufficient termssupply of useelectricity, forthe association may assess the cost of the infrastructure improvements against each unit owner that has, or will, install an electric vehicle charging station.

(11) 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.

78 ESHBHB 1793 (10)(a)(12) A unit owners' association thatmay willfullycreate violatesa thisnew sectionparking isspace liablewhere toone thedid unitnot ownerpreviously forexist actual damages, and shall pay a civil penalty to facilitate the unitinstallation ownerof in an amountelectric notvehicle tocharging exceedstation. $1,000.

(13)(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.

(11)(14) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.

(b) Nothing in this section prohibits an association from imposing reasonable restrictions on electric vehicle charging stations.p.

9 HB 1793 stations.

p.(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.

8 ESHB 1793 (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.

(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)(c)(i) RegisterProvide, within the time specified in (c)(ii) of this subsection, a certificate of insurance naming the association as an additional insured on the lot owner's insurance policy for any claim related to the installation, maintenance, or use of the electric vehicle charging stationstation, withor, if the associationcharging withinstation 30is dayslocated afteron installation;a common area under subsection (5) of this section, reimbursement to p.

(d)10 PayHB for1793 the electricityassociation usagefor associated with the electricactual vehiclecost chargingof stationany andincreased theinsurance requiredpremium meansamount attributable to facilitate payment for the electricity;charging station;

and(ii) (e)A Complycertificate withof theinsurance requirementsrequired under (c)(i) of this section.subsection must be provided within 14 days after the association approves the installation of the electric vehicle charging station.

(5)(a)Reimbursement Afor lotan ownerincreased insurance premium amount under (c)(i) of this subsection must obtainbe anyprovided permitwithin or14 approvaldays forafter anthe electriclot vehicleowner chargingreceives stationthe asassociation's requiredinvoice byfor the localamount governmentattributable p.to the charging station;

9(d) ESHBRegister 1793 in which the commonelectric interestvehicle communitycharging isstation located and comply with allthe relevantassociation buildingwithin codes30 anddays safetyafter standards.installation;

(e) Pay for the electricity usage associated with the separately metered electric vehicle charging station;

and (f) Comply with the requirements of this section.

(5) If installation of an electric vehicle charging station within the boundaries of a unit or in a designated parking space is impossible or unreasonably expensive, a homeowners' association may authorize the installation of an electric vehicle charging station for the exclusive use of a lot owner in a common area that is not a limited common area designated for the use of that owner.

In such cases, the association may enter into a license agreement with the owner for the use of the space in a common area, and the owner must comply with the requirements of this section.

(6)(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.

(6)(a)(7)(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) ElectricAn electric vehicle charging station equipment that is installed at the lot owner's cost and is removable without damage to the property ownedof by others may be removed at the lot owner'sowner. cost.

NothingUpon insale thisof subsectionthe requireslot, if the associationcharging station is removable, the lot owner may either remove it or sell it to purchasethe buyer of the electriclot vehicleor chargingto station.the association for an agreed price.

(7)Nothing Ain lotthis ownersubsection mustrequires disclosethe tobuyer anyor prospectivethe buyersassociation ofto purchase the lot:electric vehicle charging station.

p.

11 HB 1793 (8) A lot owner must disclose to any prospective buyers of the lot:

and (b) Whether the electric vehicle charging station is removable and whether the owner intends to remove the charging station.station in order to install it at the owner's new place of residence.

(8)(9) The owner and each successive owner of an electric vehicle charging station is responsible for:

(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;

(d) IfObtaining theand ownermaintaining decidesan toinsurance removepolicy thethat electricmeets vehicle charging station, costs for the removalrequirements andin thesubsection restoration(4)(c) of thethis commonsection; area or limited common area after the removal;

and (e) RemovingIf the owner decides to remove the electric vehicle charging stationstation, ifcosts reasonably necessary for the repair,removal maintenance,and orthe replacementrestoration of the common area or limited common area.area after the removal;

(9)and A(f) homeowners'Removing associationthe may install an electric vehicle charging station inif thereasonably commonnecessary area for the userepair, ofmaintenance, allor lotreplacement ownersof and, in that case, the associationcommon mustarea developor appropriatelimited termscommon ofarea. use for the charging station.

(10) If a homeowners' association reasonably determines that the cumulative use of electricity in the common interest community attributable to the installation and use of electric vehicle charging stations requires the installation of additional infrastructure improvements to provide the community with a sufficient supply of electricity, the association may assess the cost of the infrastructure improvements against each lot owner that has, or will, install an electric vehicle charging station.

(11) 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.

(12) A homeowners' association may create a new parking space where one did not previously exist to facilitate the installation of an electric vehicle charging station.

1012 ESHBHB 1793 (10)(a)(13)(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.

(11)(14) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.

1113 ESHBHB 1793 (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.

(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, if the charging station inis located on a common interestelement communityunder othersubsection than(5) anof associationthis ofsection, single-familyreimbursement homes,to sitethe condominiums,association orfor athe plannedactual usecost developmentof whereany theincreased unitsinsurance arepremium notamount immediatelyattributable adjacent;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 p.

12 ESHB 1793 (ii) A certificate of insurance required under (c)(i) of this subsection must be provided within 14 daysHB after1793 the association approves the installation of the electric vehicle charging station.

(e) Pay for the electricity usage associated with the separately metered electric vehicle charging stationstation; and the required means to facilitate payment for the electricity;

(5)(a)(5) AIf installation of an electric vehicle charging station within the boundaries of a unit owneror mustin obtaina anydesignated permitparking space is impossible or approvalunreasonably forexpensive, a unit owners association may authorize the installation of an electric vehicle charging station asfor requiredthe byexclusive theuse localof governmentan owner in whicha the common interestelement communitythat is locatednot anda complylimited withcommon allelement relevantdesignated buildingfor codesthe anduse safetyof standards.that owner.

In such cases, the association may enter into a license agreement with the owner for the use of the space in a common element, and the owner must comply with the requirements of this section.

(6)(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.

(6)(a)(7)(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) ElectricAn electric vehicle charging station equipment that is installed at the unit owner's cost and is removable without damage to the property ownedof by others may be removed at the unit owner'sowner. cost.

NothingUpon insale thisof subsectionthe requiresunit, if the associationcharging station is removable, the unit owner may either remove it or sell it to purchasethe buyer of the electricunit vehicleor chargingto station.the association for an agreed price.

(7)Nothing Ain unitthis ownersubsection mustrequires disclosethe tobuyer anyor prospectivethe buyersassociation ofto purchase the unit:electric vehicle charging station.

(8) A unit owner must disclose to any prospective buyers of the unit:

and (b)p. Whether the electric vehicle charging station is removable and whether the owner intends to remove the charging station.

(8)15 TheHB owner1793 (b) Whether the electric vehicle charging station is removable and eachwhether successivethe owner ofintends anto electricremove vehiclethe charging station isin responsibleorder for:to install it at the owner's new place of residence.

(9) The owner and each successive owner of an electric vehicle charging station is responsible for:

p.(b) Costs for damage to the electric vehicle charging station, common element, or limited common element resulting from the installation, maintenance, repair, removal, or replacement of the electric vehicle charging station;

13 ESHB 1793 (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;

(9)(10) AIf a unit owners association mayreasonably installdetermines anthat electricthe vehiclecumulative charginguse stationof electricity in the common elementsinterest forcommunity attributable to the installation and use of allelectric unitvehicle ownerscharging and,stations inrequires thatthe case,installation of additional infrastructure improvements to provide the associationcommunity mustwith developa appropriatesufficient termssupply of useelectricity, forthe association may assess the cost of the infrastructure improvements against each unit owner that has, or will, install an electric vehicle charging station.

(10)(a)(11) A unit owners association thatmay willfullyinstall violatesan thiselectric sectionvehicle ischarging liablestation toin the unitcommon ownerelements for actualthe damages,use andof shallall payunit aowners civiland, penaltyin tothat case, the unitassociation ownermust indevelop anappropriate amountterms notof touse exceedfor $1,000.the charging station.

(b)(12) InA anyunit actionowners byassociation amay unitcreate ownera requestingnew toparking havespace anwhere electricone vehicledid chargingnot stationpreviously installedexist and seeking to enforcefacilitate compliance with this section, the courtinstallation shallof awardan reasonableelectric attorneys'vehicle feescharging andstation. costs to any prevailing unit owner.

(11)(13)(a) TheA definitionsunit inowners thisassociation subsectionthat applywillfully throughoutviolates this section unlessis liable to the contextunit clearlyowner requiresfor otherwise.actual damages, and shall pay a civil penalty to the unit owner in an amount not to exceed $1,000.

p.

16 HB 1793 (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.

(14) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.

(c) "Reasonable restriction" means a restriction that does not significantly increase the cost of an electric vehicle charging p.station or significantly decrease its efficiency or specified performance.

14 ESHB 1793 station or significantly decrease its efficiency or specified performance.

Sec.

5.

RCW 64.34.425 and 2011 c 48 s 1 are each amended to read as follows:

(1) Except in the case of a sale where delivery of a public offering statement is required, or unless exempt under RCW 64.34.400(2), a unit owner shall furnish to a purchaser before execution of any contract for sale of a unit, or otherwise before conveyance, a resale certificate, signed by an officer or authorized agent of the association and based on the books and records of the association and the actual knowledge of the person signing the certificate, containing:

(a) A statement disclosing any right of first refusal or other restraint on the free alienability of the unit contained in the declaration;

(b) A statement setting forth the amount of the monthly common expense assessment and any unpaid common expense or special assessment currently due and payable from the selling unit owner and a statement of any special assessments that have been levied against the unit which have not been paid even though not yet due;

(c) A statement, which shall be current to within ((forty-five)) 45 days, of any common expenses or special assessments against any unit in the condominium that are past due over ((thirty)) 30 days;

(d) A statement, which shall be current to within ((forty-five)) 45 days, of any obligation of the association which is past due over ((thirty)) 30 days;

(e) A statement of any other fees payable by unit owners;

(f) A statement of any anticipated repair or replacement cost in excess of five percent of the annual budget of the association that has been approved by the board of directors;

(g) A statement of the amount of any reserves for repair or replacement and of any portions of those reserves currently designated by the association for any specified projects;

(h) The annual financial statement of the association, including the audit report if it has been prepared, for the year immediately preceding the current year;

(i) A balance sheet and a revenue and expense statement of the association prepared on an accrual basis, which shall be current to within ((one hundred twenty)) 120 days;

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15 ESHB 1793 (j) The current operating budget of the association;

(k) A statement of any unsatisfied judgments against the association and the status of any pending suits or legal proceedings in which the association is a plaintiff or defendant;

(l) A statement describing any insurance coverage provided for the benefit of unit owners;

(m) A statement as to whether there are any alterations or improvements to the unit or to the limited common elements assigned thereto that violate any provision of the declaration;

(n) A statement of the number of units, if any, still owned by the declarant, whether the declarant has transferred control of the association to the unit owners, and the date of such transfer;

(o) A statement as to whether there are any violations of the health or building codes with respect to the unit, the limited common elements assigned thereto, or any other portion of the condominium;

(p) A statement of the remaining term of any leasehold estate affecting the condominium and the provisions governing any extension or renewal thereof;

(q) A copy of the declaration, the bylaws, the rules or regulations of the association, the association's current reserve study, if any, and any other information reasonably requested by mortgagees of prospective purchasers of units.

Information requested generally by the federal national mortgage association, the federal home loan bank board, the government national mortgage association, the veterans administration and the department of housing and urban development shall be deemed reasonable, provided such information is reasonably available to the association;

(r) A statement, as required by RCW 64.35.210, as to whether the units or common elements of the condominium are covered by a qualified warranty, and a history of claims under any such warranty;

((and)) (s) A statement describing any requirements related to electric vehicle charging stations located in the unit or the limited common elements assigned to the unit, including application status, insurance information, maintenance responsibilities, and any associated costs;

and (t) If the association does not have a reserve study that has been prepared in accordance with RCW 64.34.380 and 64.34.382 or its governing documents, the following disclosure:

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16 ESHB 1793 "This association does not have a current reserve study.

The lack of a current reserve study poses certain risks to you, the purchaser.

Insufficient reserves may, under some circumstances, require you to pay on demand as a special assessment your share of common expenses for the cost of major maintenance, repair, or replacement of a common element." (2) The association, within ((ten)) 10 days after a request by a unit owner, and subject to payment of any fee imposed pursuant to RCW 64.34.304(1)(l), shall furnish a resale certificate signed by an officer or authorized agent of the association and containing the information necessary to enable the unit owner to comply with this section.

For the purposes of this chapter, a reasonable charge for the preparation of a resale certificate may not exceed ((two hundred seventy-five dollars)) $275.

The association may charge a unit owner a nominal fee for updating a resale certificate within six months of the unit owner's request.

The unit owner shall also sign the certificate but the unit owner is not liable to the purchaser for any erroneous information provided by the association and included in the certificate unless and to the extent the unit owner had actual knowledge thereof.

(3) A purchaser is not liable for any unpaid assessment or fee against the unit as of the date of the certificate greater than the amount set forth in the certificate prepared by the association unless and to the extent such purchaser had actual knowledge thereof.

A unit owner is not liable to a purchaser for the failure or delay of the association to provide the certificate in a timely manner, but the purchaser's contract is voidable by the purchaser until the certificate has been provided and for five days thereafter or until conveyance, whichever occurs first.

Sec.

6.

RCW 64.90.640 and 2018 c 277 s 409 are each amended to read as follows:

(1) Except in the case of a sale when delivery of a public offering statement is required, or unless exempt under RCW 64.90.600(2), a unit owner must furnish to a purchaser before execution of any contract for sale of a unit, or otherwise before conveyance, a resale certificate, signed by an officer or authorized agent of the association and based on the books and records of the p.

17 ESHB 1793 association and the actual knowledge of the person signing the certificate, containing:

(a) A statement disclosing any right of first refusal or other restraint on the free alienability of the unit contained in the declaration;

(b) With respect to the selling unit owner's unit, a statement setting forth the amount of any assessment currently due, any delinquent assessments, and a statement of any special assessments that have been levied and have not been paid even though not yet due;

(c) A statement, which must be current to within ((forty-five)) 45 days, of any assessments against any unit in the condominium that are past due over ((thirty)) 30 days;

(d) A statement, which must be current to within ((forty-five)) 45 days, of any monetary obligation of the association that is past due over ((thirty)) 30 days;

(e) A statement of any other fees payable to the association by unit owners;

(f) A statement of any expenditure or anticipated repair or replacement cost reasonably anticipated to be in excess of five percent of the board-approved annual budget of the association, regardless of whether the unit owners are entitled to approve such cost;

(g) A statement whether the association does or does not have a reserve study prepared in accordance with RCW 64.90.545 and 64.90.550;

(h) The annual financial statement of the association, including the audit report if it has been prepared, for the year immediately preceding the current year;

(i) The most recent balance sheet and revenue and expense statement, if any, of the association;

(j) The current operating budget of the association;

(k) A statement of any unsatisfied judgments against the association and the status of any legal actions in which the association is a party or a claimant as defined in RCW 64.50.010;

(l) A statement describing any insurance coverage carried by the association and contact information for the association's insurance broker or agent;

(m) A statement as to whether the board has given or received notice in a record that any existing uses, occupancies, alterations, or improvements in or to the seller's unit or to the limited common p.

18 ESHB 1793 elements allocated to the unit violate any provision of the governing documents;

(n) A statement of the number of units, if any, still owned by the declarant, whether the declarant has transferred control of the association to the unit owners, and the date of such transfer;

(o) A statement as to whether the board has received notice in a record from a governmental agency of any violation of environmental, health, or building codes with respect to the seller's unit, the limited common elements allocated to that unit, or any other portion of the common interest community that has not been cured;

(p) A statement of the remaining term of any leasehold estate affecting the common interest community and the provisions governing any extension or renewal of the leasehold estate;

(q) A statement of any restrictions in the declaration affecting the amount that may be received by a unit owner upon sale;

(r) In a cooperative, an accountant's statement, if any was prepared, as to the deductibility for federal income tax purposes by the unit owner of real estate taxes and interest paid by the association;

(s) A statement describing any pending sale or encumbrance of common elements;

(t) A statement disclosing the effect on the unit to be conveyed of any restrictions on the owner's right to use or occupy the unit or to lease the unit to another person;

(u) A copy of the declaration, the organizational documents, the rules or regulations of the association, the minutes of board meetings and association meetings, except for any information exempt from disclosure under RCW 64.90.495(3), for the last ((twelve)) 12 months, a summary of the current reserve study for the association, and any other information reasonably requested by mortgagees of prospective purchasers of units.

Information requested generally by the federal national mortgage association, the federal home loan bank board, the government national mortgage association, the veterans administration, or the department of housing and urban development is deemed reasonable if the information is reasonably available to the association;

(v) A statement whether the units or common elements of the common interest community are covered by a qualified warranty under chapter 64.35 RCW and, if so, a history of claims known to the association as having been made under any such warranty;

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19 ESHB 1793 (w) A description of any age-related occupancy restrictions affecting the common interest community;

((and)) (x) A statement describing any requirements related to electric vehicle charging stations located in the unit or the limited common elements allocated to the unit, including application status, insurance information, maintenance responsibilities, and any associated costs;

and (y) If the association does not have a reserve study that has been prepared in accordance with RCW 64.90.545 and 64.90.550 or its governing documents, the following disclosure:

"This association does not have a current reserve study.

The lack of a current reserve study poses certain risks to you, the purchaser.

Insufficient reserves may, under some circumstances, require you to pay on demand as a special assessment your share of common expenses for the cost of major maintenance, repair, or replacement of a common element." (2) The association, within ((ten)) 10 days after a request by a unit owner, and subject to the payment of any fees imposed pursuant to RCW 64.90.405(2)(m), must furnish a resale certificate signed by an officer or authorized agent of the association and containing the information necessary to enable the unit owner to comply with this section.

For the purposes of this chapter, a reasonable charge for the preparation of a resale certificate may not exceed ((two hundred seventy-five dollars)) $275.

The association may charge a unit owner a nominal fee not to exceed ((one hundred dollars)) $100 for updating a resale certificate within six months of the unit owner's request.

A unit owner is not liable to the purchaser for any erroneous information provided by the association and included in the certificate.

(3)(a) A purchaser is not liable for any unpaid assessment or fee greater than the amount set forth in the certificate prepared by the association.

(b) A unit owner is not liable to a purchaser for the failure or delay of the association to provide the certificate in a timely manner, but the purchase contract is voidable by the purchaser until the certificate has been provided and for five days thereafter or until conveyance, whichever occurs first.

2017 ESHBHB 1793