AN ACT Relating to unreasonable restrictions on wildfire home hardening practices in common interest communities;
Summary
SB 6054 addresses restrictions on wildfire home-hardening materials in common interest communities such as homeowners associations and condominium associations. The bill provides that governing documents may not prohibit the installation, use, or maintenance of fire-hardened building materials so long as those materials meet applicable health and safety standards and state and local permitting requirements. It also allows associations to adopt reasonable rules about design, dimensions, placement, or exterior appearance, but only if those rules do not effectively block use of the materials, make them infeasible, or significantly increase their cost.
The bill defines “fire-hardened building materials” by reference to recognized wildfire-resistant standards, including the International Wildland Urban Interface Code, NFPA standards, and Insurance Institute for Business & Home Safety requirements. It also makes clear that the bill does not give a property owner the right to place these materials on property owned by others, leased property without permission, or common areas/common elements where ownership or control is shared. Several sections apply retroactively to existing governing documents, and the bill includes expiration dates for some provisions, indicating a temporary or pilot-style policy approach in parts of the measure.
Impact
The bill would amend Washington law governing common interest communities by limiting the enforceability of HOA, condominium, and similar association rules that unreasonably restrict wildfire-resilient home-hardening products. It adds new sections to chapters of the Revised Code of Washington dealing with common interest communities and related property governance, and it would void inconsistent provisions in existing governing documents to the extent they conflict with the new requirements. The practical effect is to expand homeowners’ ability to use approved fire-resistant exterior materials while preserving association authority to regulate aesthetics in a limited, non-prohibitive way.
Sentiment
The bill appears to have broad bipartisan support and moved through the Legislature with strong margins. It passed the Senate committee unanimously, cleared the Senate floor 49-0, passed the House committee 16-0, and then passed the House floor 85-5 before receiving final Senate approval after House amendments. The voting pattern suggests general agreement with the bill’s wildfire-safety goals and its effort to reduce association barriers to home hardening.
Contention
The main point of contention is the balance between wildfire safety and private community design control. Supporters of the bill appear to favor preventing homeowners associations from blocking fire-resistant materials that can reduce wildfire risk, while the bill still preserves some association authority over reasonable design standards. Potential concerns likely center on whether the law intrudes on covenant enforcement, how far “reasonable” aesthetic rules may go, and whether the cost and feasibility limits are sufficiently clear. The bill’s exceptions for property owned by others, leased property, and common areas also reflect an effort to limit disputes over property rights and association governance.
AN ACT Relating to preventing common interest community unit owners' associations from imposing more onerous restrictions on an owner than those restrictions that existed when the owner acquired the unit;