Common interest communities

AN ACT Relating to common interest communities; and amending RCW 1
64.90.015, 64.90.513, 64.90.580, 64.90.360, and 64.90.545.2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
Sec. 1. RCW 64.90.015 and 2025 c 119 s 7 are each amended to 4
read as follows: 5
(1) Except as expressly provided in this chapter, the effect of 6
the provisions of this chapter may not be varied by agreement, and 7
rights conferred by this chapter may not be waived. Except as 8
provided otherwise in RCW 64.90.110, a declarant may not act under a 9
power of attorney, or use any other device, to evade the limitations 10
or prohibitions of this chapter or the declaration.11
(2) Except as provided in subsection (3) of this section, the 12
governing documents may not vary a provision of this chapter that 13
gives a right to or imposes an obligation or liability on a unit 14
owner, declarant, association, or board. 15
(3) The governing documents may vary the following provisions as 16
provided in the provision: 17
(a) RCW 64.90.020(1), concerning classification of a cooperative 18
unit as real estate or personal property; 19
H-2426.1
HOUSE BILL 2354
State of Washington 69th Legislature 2026 Regular Session
By Representatives Reed, Ramel, Hill, and Bernbaum
Prefiled 01/09/26. Read first time 01/12/26. Referred to Committee
on Civil Rights & Judiciary.
p. 1 HB 2354
(b) RCW 64.90.030 (2) and (3), concerning reallocation of 1
allocated interests and allocation of proceeds after a taking by 2
eminent domain; 3
(c) RCW 64.90.360(4), 64.90.370, and 64.90.100, concerning 4
elections regarding applicability of this chapter; 5
(d) RCW 64.90.100 (1), (2), and (3), concerning communities 6
restricted to nonresidential uses; 7
(e) RCW 64.90.200(3) (a) and (b), concerning the timing of the 8
conveyance of common elements to the association, and the vesting of 9
real estate owned by the association on termination;10
(f) RCW 64.90.210, concerning boundaries between units and common 11
elements; 12
(g) RCW 64.90.240 (2) and (3), concerning reallocation of limited 13
common elements; 14
(h) RCW 64.90.245(11), concerning horizontal boundaries of units;15
(i) RCW 64.90.255, concerning alterations of units and common 16
elements made by unit owners; 17
(j) RCW 64.90.260 (1) and (2), concerning relocation of 18
boundaries between units; 19
(k) RCW 64.90.265 (1) and (2), concerning subdivision and 20
combination of units; 21
(l) RCW 64.90.275, concerning sales offices, management offices, 22
models, and signs maintained by a declarant; 23
(m) RCW 64.90.280 (1) and (3), concerning easements through, and 24
rights to use, common elements; 25
(n) RCW 64.90.285 (1) and (8), concerning the percentage of votes 26
and consents required to amend the declaration; 27
(o) RCW 64.90.290 (1) and (8), concerning the percentage of votes 28
required to terminate a common interest community and priority of 29
creditors of a cooperative; 30
(p) RCW 64.90.360(4)(a), concerning small communities;31
(q) RCW 64.90.405 (4)(c) and (5)(c), concerning an association's 32
assignment of rights to future income, the number of votes required 33
to reject a proposal to borrow funds, and the right to terminate a 34
lease or evict a tenant; 35
(r) RCW 64.90.410 (1) and (2), concerning the board acting on 36
behalf of the association and the election of officers by the board;37
(s) RCW 64.90.420(2), concerning costs of audits;38
(t) RCW 64.90.435(1)(b), concerning election of officers by unit 39
owners; 40
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(u) RCW 64.90.440 (1) and (4), concerning responsibility for 1
maintenance, repair, and replacement of units and common elements and 2
treatment of income or proceeds from real estate subject to 3
development rights; 4
(v) RCW 64.90.445 (1)(b) and (2)(i), concerning meetings;5
(w) RCW 64.90.450, concerning quorum requirements for meetings;6
(x) RCW 64.90.455 (3), (4), (5), and (8), concerning unit owner 7
voting; 8
(y) RCW 64.90.465 (1), (2), and (7), concerning the percentage of 9
votes required to convey or encumber common elements and the effect 10
of conveyance or encumbrance of common elements; 11
(z) RCW 64.90.470 (2) and (11), concerning insurance where the 12
units are attached, and insurance for a nonresidential common 13
interest community; 14
(aa) RCW 64.90.475(2), concerning payment of surplus funds of the 15
association; 16
(bb) RCW 64.90.485 (7) and (20), concerning priority and 17
foreclosure of liens held by two or more associations;18
(cc) RCW 64.90.505 (1) and (3), concerning the adoption of rules;19
(dd) ((RCW 64.90.513(8), concerning responsibility for electric 20
vehicle charging stations;21
(ee))) RCW 64.90.520(4), concerning the board's ability to remove 22
an officer elected by the board; 23
(((ff))) (ee) RCW 64.90.525(1), concerning the percentage of 24
votes required to reject a budget; and25
(((gg))) (ff) RCW 64.90.545(2), concerning applicability of 26
reserve study requirements to certain types of common interest 27
communities((; and28
(hh) RCW 64.90.580(7), concerning responsibility for heat 29
pumps)). 30
Sec. 2. RCW 64.90.513 and 2025 c 119 s 21 are each amended to 31
read as follows: 32
(1)(a) A unit owners association may not adopt or enforce a 33
restriction, covenant, condition, bylaw, rule, regulation, provision 34
of a governing document, or master deed provision that:35
(i) Effectively prohibits or unreasonably restricts the 36
installation or use of an electric vehicle charging station in 37
compliance with the requirements of this section and for the personal 38
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noncommercial use of a unit owner, within the boundaries of a unit or 1
in a designated parking space; or 2
(ii) Is in conflict with the provisions of this section.3
(b) Nothing in this section prohibits an association from 4
imposing reasonable restrictions on electric vehicle charging 5
stations. However, it is the policy of the state to promote, 6
encourage, and remove obstacles to the use of electric vehicle 7
charging stations. 8
(c) Notwithstanding (a) or (b) of this subsection, an association 9
of single-family homes, site condominiums, or a planned use 10
development where the units are not immediately adjacent may not 11
require approval of the installation of an electric vehicle charging 12
station unless the electric vehicle charging station:13
(i) Is installed within or upon a common element; or14
(ii) Is connected to a common electrical power supply.15
(2) A unit owners association may require a unit owner to submit 16
an application for approval for the installation of an electric 17
vehicle charging station before installing the charging station 18
unless such installation is exempt from restrictions pursuant to 19
subsection (1)(c) of this section. 20
(3)(a) If approval is required for the installation or use of an 21
electric vehicle charging station subject to subsection (2) of this 22
section, the application for approval must be processed and approved 23
in the same manner as an application for approval of an architectural 24
modification. 25
(b) The approval or denial of an application must be in writing 26
and must not be willfully avoided or delayed. 27
(c) If an application is not denied in writing within 60 days 28
from the date of receipt of the application, the application is 29
deemed approved, unless that delay is the result of a reasonable 30
request for additional information. 31
(d) An association may not assess or charge a unit owner a fee 32
for the placement of an electric vehicle charging station. An 33
association may charge a reasonable fee for processing the 34
application to approve the installation of an electric vehicle 35
charging station, but only if such a fee exists for all applications 36
for approval of architectural modifications. 37
(4) If approval is required for the installation or use of an 38
electric vehicle charging station subject to subsection (2) of this 39
section, a unit owners association must approve the installation 40
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within the boundaries of a unit or in a designated parking space if 1
the installation is reasonably possible and the unit owner agrees in 2
writing to: 3
(a) Comply with the association's reasonable architectural 4
standards applicable to the installation of the electric vehicle 5
charging station; 6
(b) Engage an electrical contractor familiar with the standards 7
for the installation of electric vehicle infrastructure to assess the 8
existing infrastructure necessary to support the proposed electric 9
vehicle charging station, identify additional infrastructure needs, 10
and install the electric vehicle charging station;11
(c)(i) Provide, within the time specified in (c)(ii) of this 12
subsection, a certificate of insurance naming the association as an 13
additional insured on the unit owner's insurance policy for any claim 14
related to the installation, inspection, maintenance, or use of the 15
electric vehicle charging station in a common interest community 16
other than an association of single-family homes, site condominiums, 17
or a planned use development where the units are not immediately 18
adjacent; 19
(ii) A certificate of insurance required under (c)(i) of this 20
subsection must be provided within 14 days after the association 21
approves the installation of the electric vehicle charging station. 22
Reimbursement for an increased insurance premium amount under (c)(i) 23
of this subsection must be provided within 14 days after the unit 24
owner receives the association's invoice for the amount attributable 25
to the charging station; 26
(d) Register the electric vehicle charging station with the 27
association within 30 days after installation; 28
(e) Pay for the electricity usage associated with the electric 29
vehicle charging station and the required means to facilitate payment 30
for the electricity; and 31
(f) Comply with the requirements of this section.32
(5)(a) A unit owner must obtain any permit or approval for an 33
electric vehicle charging station as required by the local government 34
in which the common interest community is located and comply with all 35
relevant building codes and safety standards. 36
(b) An electric vehicle charging station must meet all applicable 37
health and safety standards and requirements imposed by national, 38
state, or local authorities, and all other applicable zoning, land 39
use or other ordinances, building codes, or land use permits.40
p. 5 HB 2354
(6)(a) Unless otherwise agreed to by written contract with the 1
unit owners association, a unit owner is responsible for the costs of 2
installing an electric vehicle charging station. 3
(b) Electric vehicle charging station equipment that is installed 4
at the unit owner's cost and is removable without damage to the 5
property owned by others may be removed at the unit owner's cost. 6
Nothing in this subsection requires the association to purchase the 7
electric vehicle charging station. 8
(7) When an installed electric vehicle charging station is not 9
exempt from restrictions pursuant to subsection (1)(c) of this 10
section, a unit owner must disclose to any prospective buyers of the 11
unit: 12
(a) The existence of an electric vehicle charging station and the 13
related responsibilities of the owner under this section; and14
(b) Whether the electric vehicle charging station is removable 15
and whether the owner intends to remove the charging station.16
(8) ((Except as set forth in the governing documents and 17
without)) Without regard for when an electric vehicle charging 18
station was first put into service and the location of any components 19
thereof, the owner and each successive owner of an electric vehicle 20
charging station exclusively serving the owner's unit is responsible 21
for: 22
(a) Costs for the inspection, maintenance, repair, and 23
replacement of the electric vehicle charging station up until the 24
station is removed; 25
(b) Costs for damage to the electric vehicle charging station, 26
any unit, common element, or limited common element resulting from 27
the installation, use, inspection, maintenance, repair, removal, or 28
replacement of the electric vehicle charging station;29
(c) The cost of electricity associated with the electric vehicle 30
charging station; 31
(d) Obtaining and maintaining an insurance policy that meets the 32
requirements in subsection (4)(c) of this section;33
(e) If the owner decides to remove the electric vehicle charging 34
station, costs for the removal and the restoration of the common 35
element or limited common element after the removal; and36
(f) Removing the electric vehicle charging station if reasonably 37
necessary for the inspection, repair, maintenance, or replacement of 38
the common element or limited common element. 39
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(9) A unit owners association may install an electric vehicle 1
charging station in the common elements for the use of all unit 2
owners and, in that case, the association must develop appropriate 3
terms of use for the charging station. 4
(10)(a) A unit owners association that willfully violates this 5
section is liable to the unit owner for actual damages, and shall pay 6
a civil penalty to the unit owner in an amount not to exceed $1,000.7
(b) In any action by a unit owner requesting to have an electric 8
vehicle charging station installed and seeking to enforce compliance 9
with this section, the court shall award reasonable attorneys' fees 10
and costs to any prevailing unit owner. 11
(11) The definitions in this subsection apply throughout this 12
section unless the context clearly requires otherwise.13
(a) "Designated parking space" means a parking space that is 14
specifically designated for use by a particular unit owner, including 15
a garage, a deeded parking space, and a parking space in a limited 16
common element that is restricted for use by one or more unit owners.17
(b) "Electric vehicle charging station" means a station that 18
delivers electricity from a source outside an electric vehicle into 19
one or more electric vehicles. An electric vehicle charging station 20
may include several charge points simultaneously connecting several 21
electric vehicles to the station and any related equipment needed to 22
facilitate charging plug-in electric vehicles. 23
(c) "Reasonable restriction" means a restriction that does not 24
significantly increase the cost of an electric vehicle charging 25
station or significantly decrease its efficiency or specified 26
performance. 27
Sec. 3. RCW 64.90.580 and 2025 c 119 s 25 are each amended to 28
read as follows: 29
(1)(a) A unit owners association may not adopt or enforce a 30
restriction, covenant, condition, bylaw, rule, regulation, provision 31
of a governing document, or master deed provision that:32
(i) Effectively prohibits or unreasonably restricts the 33
installation or use of a heat pump in compliance with the 34
requirements of this section and for the personal use of a unit owner 35
within the boundaries of a unit; or 36
(ii) Is in conflict with the provisions of this section.37
(b) Nothing in this section prohibits an association from 38
imposing reasonable restrictions on heat pumps. 39
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(c) This section must not be construed to permit installation by 1
a unit owner of heat pump equipment on or in common elements without 2
approval of the board which shall not be unreasonably withheld.3
(2) A unit owners association may require a unit owner to submit 4
an application for approval for the installation of a heat pump 5
before installing the heat pump. 6
(3)(a) If approval is required for the installation of a heat 7
pump, the application for approval must be processed and approved in 8
the same manner as an application for approval of an architectural 9
modification. 10
(b) The approval or denial of an application must be in writing 11
and must not be willfully avoided or delayed. 12
(c) If an application is not denied in writing within 60 days 13
from the date of receipt of the application, the application is 14
deemed approved, unless that delay is the result of a reasonable 15
request for additional information. 16
(d) An association may not assess or charge a unit owner a fee 17
for the installation of a heat pump. An association may charge a 18
reasonable fee for processing the application to approve the 19
installation of a heat pump, but only if such a fee exists for all 20
applications for approval of architectural modifications.21
(4) If approval is required for the installation of a heat pump, 22
a unit owners association must approve the installation if the 23
installation is reasonably possible and the unit owner agrees in 24
writing to: 25
(a) Comply with the association's reasonable architectural 26
standards applicable to the installation of the heat pump;27
(b) Engage a heating, ventilation, and air conditioning (HVAC) 28
contractor familiar with the standards for the installation of heat 29
pumps to assess the existing infrastructure necessary to support the 30
proposed heat pump, identify additional infrastructure needs, and 31
install the heat pump; and 32
(c) Comply with the requirements of this section.33
(5)(a) A unit owner must obtain any permit or approval for a heat 34
pump as required by the local government in which the common interest 35
community is located and comply with all relevant building codes and 36
safety standards. 37
(b) A heat pump must meet all applicable health and safety 38
standards and requirements imposed by national, state, or local 39
p. 8 HB 2354
authorities, and all other applicable zoning, land use or other 1
ordinances, building codes, or land use permits. 2
(6)(a) Unless otherwise agreed to by written contract with the 3
unit owners association, a unit owner is responsible for the costs of 4
installing a heat pump. 5
(b) Heat pump equipment that is installed at the unit owner's 6
cost and is removable without damage to the property owned by others 7
may be removed at the unit owner's cost. 8
(7) ((Except as set forth in the governing documents and 9
without)) Without regard for when a heat pump was first put into 10
service and the location of any components thereof, the unit owner 11
and each successive owner of a heat pump exclusively serving the 12
owner's unit is responsible for: 13
(a) Costs for the inspection, maintenance, repair, and 14
replacement of the heat pump up until the heat pump is removed;15
(b) Costs for damage to the heat pump, any unit, common element, 16
or limited common element resulting from the installation, 17
inspection, use, maintenance, repair, removal, or replacement of the 18
heat pump; 19
(c) If the unit owner decides to remove the heat pump, costs for 20
the removal and the restoration of the common elements or limited 21
common elements after the removal; and 22
(d) Removing heat pump equipment if reasonably necessary for the 23
inspection, repair, maintenance, or replacement of the common element 24
or limited common element. 25
(8)(a) A unit owners association that willfully violates this 26
section is liable to the unit owner for actual damages, and shall pay 27
a civil penalty to the unit owner in an amount not to exceed $1,000.28
(b) In any action by a unit owner requesting to have a heat pump 29
installed and seeking to enforce compliance with this section, the 30
court shall award reasonable attorneys' fees and costs to any 31
prevailing unit owner. 32
(9) For the purposes of this section: 33
(a) "Heat pump" means a heating or refrigerating system used to 34
transfer heat. The heat pump condenser and evaporator may change 35
roles to transfer heat in either direction. By receiving the flow of 36
air or other fluid, a heat pump is used to cool or heat.37
(b) "Reasonable restriction" means a restriction that does not 38
significantly increase the cost of a heat pump or significantly 39
decrease its efficiency or specified performance. 40
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Sec. 4. RCW 64.90.360 and 2025 c 119 s 10 are each amended to 1
read as follows: 2
(1) Except as provided otherwise in this section, RCW 64.90.365 3
and 64.90.375, this chapter applies to all common interest 4
communities. 5
(2) Before January 1, 2028, this chapter applies only to:6
(a) A common interest community created on or after July 1, 2018; 7
and 8
(b) A common interest community created before July 1, 2018, that 9
amends its declaration to elect to be subject to this chapter.10
(3) Chapters 58.19, 64.32, 64.34, and 64.38 RCW:11
(a) Do not apply to common interest communities subject to this 12
chapter; and 13
(b) Apply to a common interest community created before July 1, 14
2018, only until the community becomes subject to this chapter.15
(4)(a) Unless the declaration provides that this entire chapter 16
is applicable, a plat community or miscellaneous community that is 17
not subject to any development right is subject only to:18
(i) RCW 64.90.010, 64.90.015, 64.90.020, 64.90.025, 64.90.030, 19
64.90.035, 64.90.040, 64.90.045, 64.90.050, 64.90.055, 64.90.060, 20
64.90.065, 64.90.070, 64.90.085, 64.90.090, 64.90.100, 64.90.105, 21
64.90.110, 64.90.115, 64.90.210, 64.90.225, 64.90.230, 64.90.235, 22
64.90.240, 64.90.245, 64.90.255, 64.90.260, 64.90.265, 64.90.280, 23
64.90.285, 64.90.290, 64.90.300, 64.90.340, 64.90.350, 64.90.360, 24
64.90.400, 64.90.405, 64.90.410, 64.90.415, 64.90.420, 64.90.435, 25
64.90.445, 64.90.450, 64.90.455, 64.90.465, 64.90.480, 64.90.485, 26
64.90.490, 64.90.495, 64.90.502, 64.90.505, 64.90.510, 64.90.511, 27
64.90.5111, 64.90.512, 64.90.513, 64.90.515, 64.90.518, 64.90.520, 28
64.90.525, 64.90.530, 64.90.535, 64.90.540, 64.90.545, 64.90.550, 29
64.90.555, 64.90.560, 64.90.565, 64.90.570, 64.90.575, 64.90.580, 30
64.90.585, 64.90.640, and 64.90.685, if the community: (((i)))31
(A) Contains no more than 50 units; and (((ii) provides))32
(B) Provides in its declaration that the annual average 33
assessment of all units restricted to residential purposes, exclusive 34
of optional user fees, may not exceed $1,000, as adjusted pursuant to 35
RCW 64.90.065; or36
(ii) RCW 64.90.020, 64.90.025, and 64.90.030, if the community:37
(A) Consists of no more than six units that are all middle 38
housing as defined under RCW 36.70A.030; and39
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(B) Provides in its declaration that the annual average 1
assessment of all units restricted to middle housing residential 2
purposes, exclusive of optional user fees, may not exceed $1,000, as 3
adjusted pursuant to RCW 64.90.065. 4
(b) The ((exemption)) exemptions provided in this subsection 5
((applies)) apply only if: 6
(i) The declarant reasonably believes in good faith that the 7
maximum stated assessment will be sufficient to pay the expenses of 8
the association for the community; and 9
(ii) The declaration provides that the assessment may not be 10
increased above the limitation in (((a)(ii))) (a)(i)(B) or (a)(ii)(B) 11
of this subsection prior to the transition meeting without the 12
consent of unit owners, other than the declarant, holding 90 percent 13
of the votes in the association. 14
(5) Before January 1, 2028, except as otherwise provided in RCW 15
64.90.365, this chapter does not apply to any common interest 16
community created within this state on or after July 1, 2018, if:17
(a) That common interest community is made part of a common 18
interest community created in this state prior to July 1, 2018, 19
pursuant to a right expressly set forth in the declaration of the 20
preexisting common interest community; and 21
(b) The declaration creating that common interest community 22
expressly subjects that common interest community to the declaration 23
of the preexisting common interest community pursuant to such right 24
described in (a) of this subsection. 25
Sec. 5. RCW 64.90.545 and 2018 c 277 s 330 are each amended to 26
read as follows: 27
(1) Unless exempt under subsection (2) of this section, an 28
association must prepare and update a reserve study in accordance 29
with this chapter. An initial reserve study must be prepared by a 30
reserve study professional and based upon either a reserve study 31
professional's visual site inspection of completed improvements or a 32
review of plans and specifications of or for unbuilt improvements, or 33
both when construction of some but not all of the improvements is 34
complete. An updated reserve study must be prepared annually. An 35
updated reserve study must be prepared at least every third year by a 36
reserve study professional and based upon a visual site inspection 37
conducted by the reserve study professional. 38
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(2) Unless the governing documents require otherwise, subsection 1
(1) of this section does not apply:2
(a) ((to)) To common interest communities containing units that 3
are restricted in the declaration to nonresidential use((,));4
(b) ((to)) To common interest communities that have only nominal 5
reserve costs((,));6
(c) To common interest communities consisting only of middle 7
housing as defined under RCW 36.70A.030 that do not or will not in 8
the future require the construction, operation, and maintenance on-9
site of any reserve component to manage wastewater and protect health 10
and safety and ground and service waters; or (((c)))11
(d) ((when)) When the cost of the reserve study or update exceeds 12
((ten)) 10 percent of the association's annual budget.13
(3) The governing documents may impose greater requirements on 14
the board. 15
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