SB5973– Guaranteeing owners of units in common interest communities opportunities to install their own heat pumps.
Prime Sponsor – Senator Liias (D; 21st District; Edmonds) (Co-Sponsor Nguyen, D)
Current status – Had a hearing in the Senate Committee on Law & Justice on January 22nd. Replaced by a substitute which would have several sections making changes to the current common interest communities statutes expire if SB5796, which replaces those, passed. Out of committee on January 25th; referred to Rules.
Next step would be – Action by the Rules Committee.
Legislative tracking page for the bill.
Summary
The bill would prohibit an association of apartment owners, a condominium owners’ association, a homeowners’ association, or other associations with the power to create rules for the members of common interest communities from effectively prohibiting or unreasonably restricting the installation or use of a heat pump for a unit owner’s personal use. They might require applications for approval which would be handled in the same way as applications for architectural changes. They’d be prohibited from charging a fee for the installation, and would have to approve applications if the installation was reasonably possible, complied with the association’s reasonable relevant architectural standards, and would be installed by a qualified HVAC contractor. The owner would have to have a permit, comply with local building codes, meet applicable health and safety standards, and pay for the installation. The owner and subsequent owners would be responsible for the maintenance, repair, and replacement of the heat pump, as well as any damages resulting from its installation, use, or removal. They’d be responsible for removing equipment if that was reasonably necessary for work on aspects pf the property in which the residents held a common interest. An association that willfully violated the bill’s requirements would be liable for actual damages, as well as paying attorneys’ fees and a civil penalty of up to $1,000 if an owner prevailed in court.