(1)(a) An association of apartment owners may not adopt or enforce a restriction, covenant, condition, bylaw, rule, regulation, provision of a governing document, or master deed provision that:

Terms Used In Washington Code 64.32.290

  • Apartment: means a part of the property intended for any type of independent use, including one or more rooms or spaces located on one or more floors (or part or parts thereof) in a building, or if not in a building, a separately delineated place of storage or moorage of a boat, plane, or motor vehicle, regardless of whether it is destined for a residence, an office, storage or moorage of a boat, plane, or motor vehicle, the operation of any industry or business, or for any other use not prohibited by law, and which has a direct exit to a public street or highway, or to a common area leading to such street or highway. See Washington Code 64.32.010
  • Apartment owner: means the person or persons owning an apartment, as herein defined, in fee simple absolute or qualified, by way of leasehold or by way of a periodic estate, or in any other manner in which real property may be owned, leased or possessed in this state, together with an undivided interest in a like estate of the common areas and facilities in the percentage specified and established in the declaration as duly recorded or as it may be lawfully amended. See Washington Code 64.32.010
  • Association of apartment owners: means all of the apartment owners acting as a group in accordance with the bylaws and with the declaration as it is duly recorded or as they may be lawfully amended. See Washington Code 64.32.010
  • Building: means a building, containing two or more apartments, or two or more buildings each containing one or more apartments, and comprising a part of the property. See Washington Code 64.32.010
  • Contract: A legal written agreement that becomes binding when signed.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Land: means the material of the earth, whatever may be the ingredients of which it is composed, whether soil, rock, or other substance, whether or not submerged, and includes free or occupied space for an indefinite distance upwards as well as downwards, subject to limitations upon the use of airspace imposed, and rights in the use of the airspace granted, by the laws of this state or of the United States. See Washington Code 64.32.010
  • Property: means the land, the building, all improvements and structures thereon, all owned in fee simple absolute or qualified, by way of leasehold or by way of a periodic estate, or in any other manner in which real property may be owned, leased or possessed in this state, and all easements, rights and appurtenances belonging thereto, none of which shall be considered as a security or security interest, and all articles of personalty intended for use in connection therewith, which have been or are intended to be submitted to the provisions of this chapter. See Washington Code 64.32.010
(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 an apartment owner 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) An association of apartment owners may require an apartment 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) An association of apartment owners may not assess or charge an apartment 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, an association of apartment owners must approve the installation in a designated parking space if the installation is reasonably possible and the apartment 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 apartment 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 apartment 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) An apartment 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 association, an apartment owner is responsible for the costs of installing an electric vehicle charging station.
(b) Electric vehicle charging station equipment that is installed at the apartment owner’s cost and is removable without damage to the property owned by others may be removed at the apartment owner’s cost. Nothing in this subsection requires the association to purchase the electric vehicle charging station.
(7) An apartment 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 apartment, 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) 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 area or limited common area after the removal; and
(f) Removing the electric vehicle charging station if reasonably necessary for the repair, maintenance, or replacement of the common area or limited common area.
(9) An association of apartment owners may install an electric vehicle charging station in the common areas for the use of all apartment owners and, in that case, the association must develop appropriate terms of use for the charging station.
(10)(a) An association of apartment owners that willfully violates this section is liable to the apartment owner for actual damages, and shall pay a civil penalty to the apartment owner in an amount not to exceed $1,000.
(b) In any action by an apartment 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 apartment 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 apartment 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 apartment 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.
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