Two questions arise when it comes to installing electric vehicle charging stations: (1) are Associations required to provide electric vehicle charging stations for the owners’ use and (2) must Associations allow owners to install electric vehicle charging stations? As the use of EVs become more prevalent, these questions become increasingly relevant to more Associations.
The short answers are “no” to the first question and “yes” to the second one. Starting in reverse order with the second question, the Davis-Stirling Common Interest Development Act declares void and unenforceable any prohibition or unreasonable restriction on the installation or use of an electric vehicle charging station within an owner’s unit or in a designated parking space (e.g., a deeded parking space, a parking space in an owner’s exclusive use common area, and a parking space that is specifically designated for use by a particular owner). This includes several charge points simultaneously connecting several electric vehicles to the station and any related equipment needed to facilitate charging plug-in electric vehicles.
However, the Association may impose reasonable restrictions. “Reasonable restrictions” are ones that do not significantly increase the cost of the charging station or significantly decrease its efficiency or specified performance. In any event, charging stations must meet applicable health and safety standards and requirements imposed by state and local authorities, as well as all other applicable zoning, land use, or other ordinances, and land use permits.
Applications for Association approval of charging stations, if required by the Association, must be processed and approved in the same manner as applications for approval of an architectural modification and cannot not be willfully avoided or delayed. The approval or denial of an application must be in writing, and the application is deemed approved if there is no written denial within 60 days from receipt of the application, unless the delay is the result of a reasonable request for additional information. If the application is approved, the owner must maintain a liability insurance at all times and provide a certificate showing proof of the required insurance within 14 days of approval and annually thereafter.
Turning to the first question, the Association may, but is not obligated (at least for now) to, install a charging station in the common area for the use of all members of the Association. Owners too may do so. If either the Association or an owner does so, the Association must develop appropriate terms of use for the charging station.
The installation of a charging station for the exclusive use of an owner in a common area, that is not an exclusive use common area, must be authorized by the Association only if installation in the owner’s designated parking space is impossible or unreasonably expensive, in which case the Association must enter into a license agreement with the owner.
If an owner-installed charging station is to be placed in a common area or an exclusive use common area, the owner must engage a licensed contractor to install the charging station, name the association as an additional insured under the owner’s liability insurance policy, and pay for both the costs associated with the installation/maintenance/repair of and the electricity usage associated with the charging station.
Call |
|