[wa] Can A New State Law (sb-5973) On Heat Pumps Override Our Condo's Pre-existing Rules Against Exterior Modification?
I live in Washington State and am facing a challenge with my condominium association regarding the installation of a heat pump. Our condo was established before July 1, 2018, and has specific governing documents that prohibit any protrusions on the exterior of units, which would include heat pumps.
Recently, Washington passed SB-5973, which prohibits associations from unreasonably restricting the installation of heat pumps, effectively making those rules and restrictions "unenforceable". The law is meant to encourage the use of environmentally friendly technology. However, there seems to be a conflict between this new law and our existing condo rules.
Given the provisions of RCW 64.90.080 that mention "does not invalidate existing provisions of the governing documents of those common interest communities", I’m unsure how this applies to my situation. Does SB-5973 override our condo's rules, or do the existing rules still stand because they were established before the new law?
Any advice on whether SB-5973 would supersede our condo's existing rules and any recommended steps I should take would be greatly appreciated!
RCW 64.90.080 - Common interest communities, preexisting.
https://app.leg.wa.gov/RCW/default.aspx?cite=64.90.080
SB-5973 - Relating to heat pumps in common interest communities
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