[WSBARP] Pending Legislation Issue; HB 1793

[Mark Anderson]

From a practical installation standpoint, it might be appropriate to require that any installed system be connected to a subpanel at the terminus.  The subpanel would contain its own breaker.  The HOA would own the wiring from the main breaker box / distribution panel to the subpanel.  Hard wired chargers could tap directly into that subpanel and be uninstalled from that subpanel without having to deal with who owns the wiring upstream from the subpanel.  As needed, the subpanel could have a plug-in for non-hard-wired systems.

I’m not sure how that would be integrated into a statute, though.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
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Tacoma, Washington 98402
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Dwight Bickel
Sent: Monday, January 24, 2022 3:29 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Pending Legislation Issue; HB 1793

Don’t misunderstand. I am in favor of requiring common interest Homeowner’s Associations to allow unit owners to install charging systems at their expense, pursuant to reasonable rules. But the Bill needs to be amended to avoid conflict with real property fixture law.

Not all charging stations will have “an appliance” at the termination of the installed system. Some charging systems will end with an appliance at the termination of the installed system. Some are unique to the brand of car, but most are generic units that have plugs that fit many car brands. Those are hard-wired to the circuit panel, not plugged into an outlet. But many low-cost charging stations will be just the wiring from the circuit panel to a plug. Almost all electric vehicles can plug into 30 or 50-Amp outlets.

As the Bill is drafted, the EV owner also owns the wiring. The Homeowner’s Ass’n, or other owners, might prefer for that to remain for use by future owners in the community. But if they don’t buy it from the EV owner, the Bill says if it is “removable” [which is not defined], the EV owner is entitled to remove it upon sale of the EV owner’s unit. Without clarification, an EV owner could remove the 150 feet of conduit from the EV charging parking location, the expensive gauge 220 volt wiring to the circuit panel, and the circuit breaker too.
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