State Laws in Washington, Oregon, California, Hawaii, Utah, Colorado, North Dakota, New York, Connecticut, New Jersey, Virginia, Maryland, & Florida.
MARYLAND
Real Property, Sec. 11-111.4. – Electric Vehicle Recharging Equipment, Condominiums
(A) In this section, “electric vehicle recharging equipment” means property in the state that is used for recharging motor vehicles propelled by electricity.
(B) A recorded covenant or restriction, a provision in a declaration, or a provision in the bylaws or rules of a condominium is void and unenforceable if the covenant, restriction, or provision:
(1) Is in conflict with the provisions of this section; or
(2) Effectively prohibits or unreasonably restricts the installation or use of electric vehicle recharging equipment in a unit owner’s deeded parking space or a parking space that is specifically designated for use by a particular owner.
(C)(1) If approval is required for the installation or use of electric vehicle recharging equipment in a condominium, the governing body shall process and review an application for approval in the same manner as an application for approval of an architectural modification to the condominium.
(2) The governing body may not willfully avoid or delay processing and reviewing an application for approval.
(3) If an application is not denied in writing within 60 days after the governing body receives the application, the application shall be deemed approved, unless the delay is the result of a reasonable request for additional information.
(4) The approval or denial of an application shall be in writing.
(D) (1) The governing body shall approve the installation of electric vehicle recharging equipment in a unit owner’s deeded parking space or a parking space that is specifically designated for use by a particular owner if:
(I) Installation:
1. Does not unreasonably impede the normal use of an area outside the unit owner’s parking space; and
2. Is reasonably possible; and
(II) The unit owner agrees in writing to:
1. Comply with:
A. All relevant building codes and safety standards to maintain the safety of all users of the common area; and
B. The condominium’s architectural standards for the installation of the electric vehicle recharging equipment;
2. Engage a licensed contractor to install the electric vehicle recharging equipment; and
3. Pay for the electricity usage associated with the separately metered electric vehicle recharging equipment.
(2) The owner and each successive owner of the electric vehicle recharging equipment shall be responsible for:
(I) Installation costs for the electric vehicle recharging equipment;
(II) Costs for damage to the electric vehicle recharging equipment, common element, or limited common element resulting from the installation, maintenance, repair, removal, or replacement of the electric vehicle recharging equipment;
(III) Costs for the maintenance, repair, and replacement of the electric vehicle recharging equipment up until the equipment is removed;
(IV) If the owner decides to remove the electric vehicle recharging equipment, costs for the removal and for the restoration of the common element or limited common element after removal; and
(V) The cost of electricity associated with the electric vehicle recharging equipment.
(E) A unit owner shall obtain any permit or approval for electric vehicle recharging equipment that is required by the county or municipal corporation in which the condominium is located.
(F) Notwithstanding the provisions of § 11-125 of this title, the governing body may grant a license for up to 3 years, renewable at the discretion of the governing body, on any common element necessary for the Installation of equipment or for the supply of electricity to any electric vehicle recharging equipment.
(G) A unit owner shall:
(1) Provide a certificate of insurance naming the condominium association as an additional insured; or
(2) Reimburse the association for the cost of an increased insurance premium attributable to the electric vehicle recharging equipment.
Real Property, Sec. 11B-111.8. – Electric Vehicle Recharging Equipment, HOAs
(A) In this section, “electric vehicle recharging equipment” has the meaning stated in § 11-111.4 of this article.
(B) A recorded covenant or restriction, a provision in a declaration, or a provision in the bylaws or rules of a homeowners association is void and unenforceable if the covenant, restriction, or provision:
(1) Is in conflict with the provisions of this section; or
(2) Effectively prohibits or unreasonably restricts the installation or use of electric vehicle recharging equipment in a lot owner’s deeded parking space or a parking space that is specifically designated for use by a particular owner.
(C) (1) If approval is required for the installation or use of electric vehicle recharging equipment in a development, the governing body shall process and review an application for approval in the same manner as an application for approval of an architectural modification to a dwelling.
(2) The governing body may not willfully avoid or delay processing and reviewing an application for approval.
(3) If an application is not denied in writing within 60 days after the governing body receives the application, the application shall be deemed approved, unless the delay is the result of a reasonable request for additional information.
(4) The approval or denial of an application shall be in writing.
(D) (1) The governing body shall approve the installation of electric vehicle recharging equipment in a lot owner’s deeded parking space or a parking space that is specifically designated for use by a particular owner if:
(I) Installation:
1. Does not unreasonably impede the normal use of an area outside the lot owner’s parking space; and
2. Is reasonably possible; and
(II) The lot owner agrees in writing to:
1. Comply with:
A. All relevant building codes and safety standards to maintain the safety of all users of the common area; and
B. The development’s architectural standards for the installation of the electric vehicle recharging equipment;
2. Engage a licensed contractor to install the electric vehicle recharging equipment; and
3. Pay for the electricity usage associated with the separately metered electric vehicle recharging equipment.
(2) The lot owner and each successive owner of the electric vehicle recharging equipment shall be responsible for:
(I) Installation costs for the electric vehicle recharging equipment;
(II) Costs for damage to the electric vehicle recharging equipment or common area resulting from the installation, maintenance, repair, removal, or replacement of the electric vehicle recharging equipment;
(III) Costs for the maintenance, repair, and replacement of the electric vehicle recharging equipment up until the equipment is removed;
(IV) If the lot owner decides to remove the electric vehicle recharging equipment, costs for the removal and for the restoration of the common area after removal; and
(V) The cost of electricity associated with the electric vehicle recharging equipment.
(E) A lot owner shall obtain any permit or approval for electric vehicle recharging equipment that is required by the county or municipal corporation in which the development is located.
(F) The governing body may grant a license for up to 3 years, renewable at the discretion of the governing body, on any common element necessary for the installation of equipment or for the supply of electricity to any electric vehicle recharging equipment.
(G) A lot owner shall:
(1) Provide a certificate of insurance naming the association as an additional insured; or
(2) Reimburse the association for the cost of an increased insurance premium attributable to the electric vehicle recharging equipment.
New Jersey
NJ Statutes 45:22A-48.4 Electric vehicle charging stations in common interest communities.
a. (1) An association formed for the management of common elements and facilities of a planned real estate development, regardless of whether organized pursuant to section 1 of P.L.1993, c.30 (C.45:22A-43), shall not adopt or enforce a restriction, covenant, bylaw, rule, regulation, master deed provision, or provision of a governing document prohibiting or unreasonably restricting the installation or use of an electric vehicle charging station in a designated parking space.
(2) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a planned real estate development, and any provision of a master deed, bylaw, or other governing document that either prohibits or unreasonably restricts the installation or use of an electric vehicle charging station in a designated parking space, or is in conflict with the provisions of this section, is void and unenforceable.
(3) Notwithstanding any provisions of an association’s governing documents concerning the grant of exclusive or limited use of any portion of a common element to a unit owner, the executive board of an association shall grant exclusive or limited use of any portion of a common element to a unit owner:
(a) to install and use an electric vehicle charging station in a unit owner’s designated parking space that meets the requirements of this section, where the installation or use of the charging station requires reasonable access through, or across, the common elements for utility lines or meters; or
(b) to install and use an electric vehicle charging station through a license granted by an association pursuant to subsection e. of this section.
(4) Nothing in this section shall be construed to prohibit an association from imposing reasonable restrictions on electric vehicle charging stations .
b. An electric vehicle charging station shall 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, or land use permits.
c. If association approval is required for the installation or use of an electric vehicle charging station, the application for approval shall be processed and approved by the association in the same manner as an application for approval of an architectural modification to the property, and shall not be willfully avoided or delayed. The approval or denial of an application shall be in writing. If an application is not denied in writing within 60 days from the date of receipt of the application, the application shall be deemed approved, unless that delay is the result of a reasonable request for additional information. If an association reasonably determines that the cumulative use of electricity on the premises attributable to the installation and use of electric vehicle charging stations requires the installation of additional infrastructure improvements to provide the premises with a sufficient supply of electricity, then the association may hold an application for approval in abeyance until the upgrades are completed.
d. The following provisions shall apply to installations of electric vehicle charging stations for the exclusive use of a unit owner:
(1) if required by the governing documents or the association’s rules and regulations, the unit owner shall first obtain approval from the association to install the electric vehicle charging station and the association shall approve the installation if the provisions of this section are met and the unit owner agrees in writing to:
(a) comply with the association’s architectural standards for the installation of the electric vehicle charging station;
(b) engage a licensed electrician to install all necessary electric lines and electrical infrastructure in compliance with the association’s architectural standards;
(c) within 14 days of approval and prior to installation, obtain and maintain at all times, while the electric vehicle charging station is in place, insurance protecting the association and the other unit owners from damage as a result of the existence and operation of the electric vehicle charging station, and provide evidence of insurance specifying that insurance covers the electric vehicle charging station in the amount required under this section. Nothing in this subparagraph shall be construed as impairing the right of an association to require a unit owner to maintain homeowner’s insurance under the association’s governing documents or rules and regulations;
(d) pay for the electricity usage associated with the electric vehicle charging station;
(e) pay for reasonable charges imposed by an association to recover the costs of the review and approval of an application for the installation or use of an electric vehicle charging station, including, without limitation, reasonable engineering and legal fees. An association may require that anticipated review charges be placed in escrow in advance of commencing review of an application for the installation or use of an electric vehicle charging station;
(2) an association may deny an application for the installation or use of an electric vehicle charging station if the association reasonably concludes that the electric vehicle charging station constitutes a life-safety risk;
(3) if an association reasonably determines that the cumulative use of electricity on the premises attributable to the installation and use of electric vehicle charging stations requires the installation of additional infrastructure improvements to provide the premises with a sufficient supply of electricity, then the association may specially assess the cost of those additional infrastructure improvements to the unit owners who have installed electric vehicle charging stations , and have applied to install electric vehicle charging stations , in equal shares per electric vehicle charging station. An association may require a unit owner to pay a special assessment before the unit owner may install an electric vehicle charging station;
(4) any monies that a unit owner owes an association under this section shall be deemed special assessments, and the association may collect those monies from the unit owner in the same manner as the association’s governing documents and applicable law provides for the collection of delinquent common expenses, rent, or other delinquent amounts, and unless any of the following responsibilities are specifically abrogated as they relate to electric vehicle charging stations , in whole or in part, under the governing documents of the association, the unit owner and each successive unit owner of the electric vehicle charging station shall be responsible for the cost of the following items as if the items were an assessment applicable to the unit owner:
(a) any damage to the electric vehicle charging station, the parking space, a common element, a limited common element, the property of other unit owners, or separate interests, which damage results from the installation, maintenance, repair, removal, or replacement of the charging station;
(b) any maintenance, repair, and replacement of an electric vehicle charging station, and restoration of the area after removal of the electric vehicle charging station;
(c) the electricity usage associated with the electric vehicle charging station;
(d) all installation costs associated with electric vehicle charging stations ; and
(e) any costs associated with an application for the installation or use of an electric vehicle charging station to satisfy applicable health and safety standards and requirements imposed by State and local authorities, including but not limited to applicable zoning, land use, and other ordinance requirements;
(5) the unit owner, and each successive unit owner, of an electric vehicle charging station shall be responsible for disclosing to prospective buyers the existence of the unit owner’s electric vehicle charging station and the related responsibilities of the unit owner under this section; and
(6) except as otherwise provided in this paragraph, a unit owner, and each successive unit owner, of an electric vehicle charging station shall, at all times, maintain a homeowner’s liability coverage policy in the amount of $100,000 and shall name the association as a certificate holder with the right to receive a notice of cancellation. An association may require the unit owner of an electric vehicle charging station to carry a homeowner’s liability coverage policy in excess of $100,000 if the association’s governing documents or rules and regulations require all unit owners to carry a greater amount. If a unit owner fails to procure or maintain insurance required under this section, the association may procure insurance on the unit owner’s behalf and charge the unit owner the cost of the insurance. The unit owner shall hold the association and the other unit owners harmless from any and all claims, damages, liabilities, costs and expenses, including reasonable attorney’s fees, arising out of or relating to any personal injuries, death, or damage to property that were caused by, or contributed to by, the installation, removal or use of the electric vehicle charging station.
e. The executive board of an association may license, for a defined period of time, as set forth in the license, a common area parking space for the exclusive use of a unit owner for the installation of an electric vehicle charging station. The grant of any such license shall be at the sole discretion of the board, but such grant shall not be fraudulent, unconscionable, or self-dealing.
f. An association may install electric vehicle charging stations in common element parking spaces for the use of all unit owners. An association may adopt appropriate rules and regulations for the use of common electric vehicle charging stations .
g. An association may create a parking space where one did not previously exist to facilitate the installation of an electric vehicle charging station. If an association creates a parking space to accommodate an electric vehicle charging station for the exclusive use of a unit owner, the unit owner shall be responsible for all costs associated with creating the space including but not limited to land use approvals, permits, reviews, easements, and construction costs. If a new parking space to accommodate an electric vehicle charging station for the exclusive use of a unit owner is to be located in a common element or limited common element, the provisions of subsection d. of this section shall apply.
h. The Commissioner of Community Affairs shall enforce the provisions of this section in accordance with the authority granted under section 18 of P.L.1977, c.419 (C.45:22A-38).
i. As used in this section:
“Designated parking space” means a parking space that is specifically designated for use by a particular unit owner, including, but not limited to, a garage, a deeded parking space, and a parking space in a limited common element that is restricted for use by one or more unit owners;
“Electric vehicle charging station” means a station that is designed in compliance with the State Uniform Construction Code, adopted pursuant to P.L.1975, c.217 (C.52:27D-119 et seq.), that delivers electricity from a source outside an electric vehicle into one or more electric vehicles, and that is capable of providing, at a minimum, Level 2 charging . An electric vehicle charging station may include several charge points simultaneously connecting several electric vehicles to the station and any related equipment needed to facilitate charging plug-in electric vehicles;
“Reasonable restriction” means a restriction that does not significantly increase the cost of an electric vehicle charging station or significantly decrease its efficiency or specified performance; and
“Unit owner” means the record owner of a residential dwelling unit located within an association, or, in the case of a cooperative housing corporation, a shareholder of record owning the shares appurtenant to an individual dwelling unit. This act shall not apply to the owners of commercial units, space, or interest located within an association.
L.2020, c.108.
VIRGINIA
Code of Virginia sections 55.1-1823.1, 55.1-1962.1, and 55.1-2139.1
§ 55.1-1823.1. Electric vehicle charging stations permitted. hyperlink
A. Except to the extent that the declaration or other recorded governing document provides otherwise, no association shall prohibit any lot owner from installing an electric vehicle charging station for the lot owner’s personal use on property owned by the lot owner. An association may establish reasonable restrictions concerning the number, size, place, and manner of placement or installation of such electric vehicle charging station on the exterior of property owned by the lot owner.
B. An association may prohibit or restrict the installation of electric vehicle charging stations on the common area within the development served by the association and may establish reasonable restrictions as to the number, size, place, and manner of placement or installation of electric vehicle charging stations on the common area.
C. Any lot owner installing an electric vehicle charging station shall indemnify and hold the association harmless from all liability, including reasonable attorney fees incurred by the association resulting from a claim, arising out of the installation, maintenance, operation, or use of such electric charging station. An association may require the lot owner to obtain and maintain insurance covering claims and defenses of claims related to the installation, maintenance, operation, or use of the electric vehicle charging station and require the association to be included as a named insured on such policy.
§ 55.1-1962.1. Electric vehicle charging stations permitted. hyperlink
A. Except to the extent that the condominium instruments provide otherwise, no unit owners’ association shall prohibit any unit owner from installing an electric vehicle charging station for the unit owner’s personal use within the boundaries of a unit or limited common element parking space appurtenant to the unit owned by the unit owner.
B. Notwithstanding any other provision of this chapter or the condominium instruments, the unit owners’ association may prohibit a unit owner from installing an electric vehicle charging station if installation of the electric vehicle charging station is not technically feasible or reasonably practicable due to safety risks, structural issues, or engineering conditions.
C. The unit owners’ association may require as a condition of approving installation of an electric vehicle charging station that the unit owner:
1. Provide detailed plans and drawings for installation of an electric vehicle charging station prepared by a licensed and registered electrical contractor or engineer familiar with the installation and core requirements of an electric vehicle charging station.
2. Comply with applicable building codes or recognized safety standards.
3. Comply with reasonable architectural standards adopted by the unit owners’ association that govern the dimensions, placement, or external appearance of the electric vehicle charging station.
4. Pay the costs of installation, maintenance, operation, and use of the electric vehicle charging station.
5. Indemnify and hold the unit owners’ association harmless from any claim made by a contractor or supplier pursuant to Title 43.
6. Pay the cost of removal of the electric vehicle charging station and restoration of the area if the unit owner decides there is no longer a need for the electric vehicle charging station.
7. Separately meter, at the unit owner’s sole expense, the utilities associated with such electric vehicle charging station and pay the cost of electricity and other associated utilities.
8. Engage the services of a licensed electrician or engineer familiar with the installation and core requirements of an electric vehicle charging station to install the electric vehicle charging station.
9. Obtain and maintain insurance covering claims and defenses of claims related to the installation, maintenance, operation, and use of the electric vehicle charging station and provide a certificate of insurance naming the unit owners’ association as an additional insured on the unit owner’s insurance policy for any claim related to the installation, maintenance, operation, or use of the electric vehicle charging station within 14 days after receiving the unit owners’ association’s approval to install such charging station.
10. Reimburse the unit owners’ association for any increase in common expenses specifically attributable to the electric vehicle charging station installation, including the actual cost of any increased insurance premium amount, within 14 days’ notice from the unit owners’ association.
D. The conditions imposed pursuant to this section on unit owners for installation of an electric vehicle charging station shall run with title to the unit to which the limited common element parking space is appurtenant.
E. Any unit owner installing an electric vehicle charging station in a unit or on a limited common element parking space appurtenant to the unit owned by the unit owner shall indemnify and hold the unit owners’ association harmless from all liability, including reasonable attorney fees incurred by the association resulting from a claim, arising out of the installation, maintenance, operation, or use of such electric charging station. A unit owners’ association may require the unit owner to obtain and maintain insurance covering claims and defenses of claims related to the installation, maintenance, operation, or use of the electric vehicle charging station and require the unit owners’ association to be included as a named insured on such policy.
§ 55.1-2139.1. Electric vehicle charging stations permitted. hyperlink
A. Except to the extent that the declaration provides otherwise, no association shall prohibit any proprietary lessee from installing an electric vehicle charging station for the proprietary lessee’s personal use within the boundaries of a unit or limited common element parking space appurtenant to the unit owned by the proprietary lessee.
B. Notwithstanding any other provision of this chapter or the declaration, the association may prohibit a proprietary lessee from installing an electric vehicle charging station if installation of the electric vehicle charging station is not technically feasible or practicable due to safety risks, structural issues, or engineering conditions.
C. The association may require as a condition of approving installation of an electric vehicle charging station that the proprietary lessee:
1. Provide detailed plans and drawings for installation of an electric vehicle charging station prepared by a licensed and registered electrical contractor or engineer familiar with the installation and core requirements of an electric vehicle charging station.
2. Comply with applicable building codes or recognized safety standards.
3. Comply with reasonable architectural standards adopted by the association that govern the dimensions, placement, or external appearance of the electric vehicle charging station.
4. Pay the costs of installation, maintenance, operation, and use of the electric vehicle charging station.
5. Indemnify and hold the association harmless from any claim made by a contractor or supplier pursuant to Title 43.
6. Pay the cost of removal of the electric vehicle charging station if the proprietary lessee decides there is no longer a need for the electric vehicle charging station.
7. Separately meter, at the proprietary lessee’s sole expense, the utilities associated with such electric vehicle charging station and pay the cost of electricity and other associated utilities.
8. Engage the services of a licensed electrician or engineer familiar with the installation and core requirements of an electric vehicle charging station to install the electric vehicle charging station.
9. Obtain and maintain insurance covering claims and defenses of claims related to the installation, maintenance, operation, and use of the electric vehicle charging station and provide a certificate of insurance naming the association as an additional insured on the proprietary lessee’s insurance policy for any claim related to the installation, maintenance, operation, or use of the electric vehicle charging station within 14 days after receiving the association’s approval to install such charging station.
10. Reimburse the association for any increase in common expenses specifically attributable to the electric vehicle charging station installation, including the actual cost of any increased insurance premium amount, within 14 days’ notice from the association.
D. The conditions imposed pursuant to this section on a proprietary lessee for installation of an electric vehicle charging station shall run with title to the unit to which the limited common element parking space is appurtenant.
E. Any proprietary lessee installing an electric vehicle charging station in a unit or on a limited common element parking space appurtenant to the unit owned by the proprietary lessee shall indemnify and hold the association harmless from all liability, including reasonable attorney fees incurred by the association resulting from a claim, arising out of the installation, maintenance, operation, or use of such electric charging station. An association may require the proprietary lessee to obtain and maintain insurance covering claims and defenses of claims related to the installation, maintenance, operation, or use of the electric vehicle charging station and require the association to be included as a named insured on such policy.
New York
NY Real Property Law, Section 339-ll – Electric vehicle charging station installation hyperlink
1. As used in this section:
(a) “Reasonable restrictions” means restrictions that do not significantly increase the cost of the station or significantly decrease its efficiency or specified performance.
(b) “Electric vehicle charging station” means a station that delivers electricity from a source outside an electric vehicle into one or more electric vehicles. An electric vehicle charging station may include several charge points simultaneously connecting several electric vehicles to the station and any related equipment needed to facilitate charging plug-in electric vehicles.
2. (a) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in the property, and any by-laws, that either effectively prohibits or unreasonably restricts the installation or use of an electric vehicle charging station within an owner’s unit or in a designated parking space, including, but not limited to, a deeded parking space, a parking space in an owner’s exclusive use common element, or a parking space that is specifically designated for use by a particular owner, or is in conflict with the provisions of this section shall be void and unenforceable.
(b) This section shall not apply to by-laws that impose reasonable restrictions on electric vehicle charging stations. However, it is the policy of the state to promote, encourage, and remove obstacles to the use of electric vehicle charging stations.
(c) An electric vehicle charging station shall meet all applicable health and safety standards and requirements imposed by law, rule or regulation.
(d) If approval is required for the installation or use of an electric vehicle charging station the application for approval shall be processed and approved by the association in a manner prescribed by the association and shall not be willfully avoided or delayed. The approval or denial of an application shall be in writing. If an application is not denied in writing within sixty days from the date of receipt of the application, the application shall be deemed approved, unless that delay is the result of a reasonable request for additional information.
(e) If the electric vehicle charging station is to be placed in the common elements or in an exclusive use common element, as designated in the common interest declaration, the following provisions shall apply:
(i) The owner first shall obtain approval from the association to install the electric vehicle charging station and the association shall approve the installation if the owner agrees in writing to do all of the following:
(A) comply with the association’s architectural standards for the installation of the charging station;
(B) engage a licensed contractor to install the charging station;
(C) within fourteen days of approval, provide a certificate of insurance that names the association as an additional insured under the owner’s insurance policy pursuant to subparagraph (iii) of this paragraph; and
(D) pay for both the costs associated with the installation of and the electricity usage associated with the charging station.
(ii) The owner and each successive owner of the charging station shall be responsible for all of the following:
(A) costs for damage to the charging station, common elements, exclusive use common elements, or separate units resulting from the installation, maintenance, repair, removal, or replacement of the charging station;
(B) costs for the maintenance, repair, and replacement of the charging station until it has been removed and for the restoration of the common elements after removal;
(C) the cost of electricity associated with the charging station; and
(D) disclosing to prospective buyers the existence of any charging station of the owner and the related responsibilities of the owner under this section.
(iii) The owner of the charging station, whether located within a separate unit or within the common elements or exclusive use common elements, shall, at all times, maintain a liability coverage policy. The owner that submitted the application to install the charging station shall provide the association with the corresponding certificate of insurance within fourteen days of approval of the application. That owner and each successor owner shall provide the association with the certificate of insurance annually thereafter.
(iv) A homeowner shall not be required to maintain a homeowners liability coverage policy for an existing national electrical manufacturers association standard alternating current power plug.
(f) Except as provided in paragraph (g) of this subdivision, installation of an electric vehicle charging station for the exclusive use of an owner in a common element, that is not an exclusive use common element, shall be authorized by the association only if installation in the owner’s designated parking space is impossible or unreasonably expensive. In such cases, the association shall enter into a license agreement with the owner for the use of the space in a common area, and the owner shall comply with all of the requirements in paragraph (e) of this subdivision.
(g) The association or owners may install an electric vehicle charging station in the common elements for the use of all members of the association and, in that case, the association shall develop appropriate terms of use for the charging station.
(h) An association may create a new parking space where one did not previously exist to facilitate the installation of an electric vehicle charging station.
(i) An association that willfully violates this section shall be liable to the applicant or other party for actual damages, and shall pay a civil penalty to the applicant or other party in an amount not to exceed one thousand dollars.
(j) In any action by a unit owner requesting to have an electric vehicle charging station installed and seeking to enforce compliance with this section, the unit owner shall be awarded reasonable attorney’s fees if he or she prevails.
FLORIDA
Florida Statutes – Section 718.113 – Section 3, Subsection (8) hyperlink
(8) The Legislature finds that the use of electric vehicles conserves and protects the state’s environmental resources, provides significant economic savings to drivers, and serves an important public interest. The participation of condominium associations is essential to the state’s efforts to conserve and protect the state’s environmental resources and provide economic savings to drivers. Therefore, the installation of an electric vehicle charging station shall be governed as follows:
(a) A declaration of condominium or restrictive covenant may not prohibit or be enforced so as to prohibit any unit owner from installing an electric vehicle charging station within the boundaries of the unit owner’s limited common element parking area. The board of administration of a condominium association may not prohibit a unit owner from installing an electric vehicle charging station for an electric vehicle, as defined in s. 320.01, within the boundaries of his or her limited common element parking area. The installation of such charging stations are subject to the provisions of this subsection.
(b) The installation may not cause irreparable damage to the condominium property.
(c) The electricity for the electric vehicle charging station must be separately metered and payable by the unit owner installing such charging station.
(d) The unit owner who is installing an electric vehicle charging station is responsible for the costs of installation, operation, maintenance, and repair, including, but not limited to, hazard and liability insurance. The association may enforce payment of such costs pursuant to s. 718.116.
(e) If the unit owner or his or her successor decides there is no longer a need for the electronic vehicle charging station, such person is responsible for the cost of removal of the electronic vehicle charging station. The association may enforce payment of such costs pursuant to s. 718.116.
(f) The association may require the unit owner to:
1. Comply with bona fide safety requirements, consistent with applicable building codes or recognized safety standards, for the protection of persons and property.
2. Comply with reasonable architectural standards adopted by the association that govern the dimensions, placement, or external appearance of the electric vehicle charging station, provided that such standards may not prohibit the installation of such charging station or substantially increase the cost thereof.
3. Engage the services of a licensed and registered electrical contractor or engineer familiar with the installation and core requirements of an electric vehicle charging station.
4. Provide a certificate of insurance naming the association as an additional insured on the owner’s insurance policy for any claim related to the installation, maintenance, or use of the electric vehicle charging station within 14 days after receiving the association’s approval to install such charging station.
5. Reimburse the association for the actual cost of any increased insurance premium amount attributable to the electric vehicle charging station within 14 days after receiving the association’s insurance premium invoice.
(g) The association provides an implied easement across the common elements of the condominium property to the unit owner for purposes of the installation of the electric vehicle charging station and the furnishing of electrical power, including any necessary equipment, to such charging station, subject to the requirements of this subsection.
OREGON
Oregon Revised Statutes 94.550, 94.762, 100.005, and 100.627)
Chapter 94 — Real Property Development
94.550 Definitions for ORS 94.550 to 94.783. As used in ORS 94.550 to 94.783: hyperlink
(12) “Electric vehicle charging station” or “charging station” means a facility designed to deliver electrical current for the purpose of charging one or more electric motor vehicles.
94.762 Electric vehicle charging stations. hyperlink
(1) Notwithstanding contrary provisions of a declaration or bylaws of a planned community:
(a) An owner may submit an application to install an electric vehicle charging station for the personal, noncommercial use of the owner, in compliance with the requirements of this section, in a parking space, on a lot or in any other area subject to the exclusive use of the owner.
(b) A homeowners association may not prohibit installation or use of a charging station installed and used in compliance with the requirements of this section.
(2) When the owner complies or agrees to comply with the requirements of this section, a homeowners association, or a declarant in lieu of the association, shall approve a completed application within 60 days after the owner submits the application unless the delay in approving the application is based on a reasonable request for additional information.
(3) A homeowners association:
(a) May require an owner to submit an application before installing a charging station.
(b) May require the charging station to meet the architectural standards of the planned community.
(c) May impose reasonable charges to recover costs of the review and permitting of a charging station.
(d) May impose reasonable restrictions on the installation and use of the charging station that do not significantly increase the cost of the charging station or significantly decrease the efficiency or performance of the charging station.
(4) Notwithstanding ORS 479.540, the charging station must be installed by a person that holds a license, as defined in ORS 479.530, to act as a journeyman electrician.
(5) The owner is responsible for:
(a) All costs associated with installation and use of the charging station, including:
(A) The cost of electricity associated with the charging station; and
(B) The cost of damage to common property and to areas subject to the exclusive use of other owners that results from the installation, use, maintenance, repair, removal or replacement of the charging station.
(b) Disclosure to a prospective buyer of the lot of the existence of the charging station and the related responsibilities of the owner under this section.
(6) If the homeowners association reasonably determines that the cumulative use of electricity in the planned community attributable to the installation and use of charging stations requires the installation of additional infrastructure improvements to provide the planned community with a sufficient supply of electricity, the association may assess the cost of the additional improvements against the lot of each owner that has, or will, install a charging station.
(7)(a) A pedestal, or similar, charging station that is hard-wired into the electrical system must be a certified electrical product, as defined in ORS 479.530.
(b) If a charging station, other than one described in paragraph (a) of this subsection, is not a certified electrical product, the owner shall:
(A) Maintain a homeowner liability insurance policy in an amount not less than $1 million that includes coverage of the charging station; and
(B) Name the homeowners association as a named additional insured under the policy with a right to notice of cancellation of the policy.
(8) In any action between an owner and a homeowners association to enforce compliance with this section, the prevailing party is entitled to an award of attorney fees and costs. [2013 c.438 §3]
Chapter 100 — Condominiums
100.005 Definitions. hyperlink
As used in this chapter, unless the context requires otherwise:
(14) “Electric vehicle charging station” or “charging station” means a facility designed to deliver electrical current for the purpose of charging one or more electric motor vehicles.
100.627 Electric vehicle charging stations. hyperlink
(1) Notwithstanding contrary provisions of a declaration or bylaws of a condominium:
(a) A unit owner may submit an application to install an electric vehicle charging station for the personal, noncommercial use of the unit owner, in compliance with the requirements of this section:
(A) In a space assigned to the unit and used for the parking or storage of automobiles, trucks, boats, campers or other vehicles or equipment; or
(B) In a limited common element with the written approval of the unit owner of each unit to which use of the limited common element is reserved.
(b) An association of unit owners may not prohibit installation or use of a charging station installed and used in compliance with the requirements of this section.
(2) When the unit owner complies or agrees to comply with the requirements of this section, an association of unit owners, or a declarant in lieu of the association, shall approve a completed application within 60 days after the unit owner submits the application unless the delay in approving the application is based on a reasonable request for additional information.
(3) An association of unit owners:
(a) May require a unit owner to submit an application before installing a charging station.
(b) May require the charging station to meet the architectural standards of the condominium.
(c) May impose reasonable charges to recover costs of the review and permitting of a charging station.
(d) May impose reasonable restrictions on the installation and use of the charging station that do not significantly increase the cost of the charging station or significantly decrease the efficiency or performance of the charging station.
(4) Notwithstanding ORS 479.540, the charging station must be installed by a person that holds a license, as defined in ORS 479.530, to act as a journeyman electrician.
(5) The unit owner is responsible for:
(a) All costs associated with installation and use of the charging station, including:
(A) The cost of electricity associated with the charging station; and
(B) The cost of damage to general common elements, limited common elements and areas subject to the exclusive use of other unit owners that results from the installation, use, maintenance, repair, removal or replacement of the charging station.
(b) Disclosure to a prospective buyer of the unit of the existence of the charging station and the related responsibilities of the unit owner under this section.
(6) If the association of unit owners reasonably determines that the cumulative use of electricity in the condominium attributable to the installation and use of charging stations requires the installation of additional infrastructure improvements to provide the condominium with a sufficient supply of electricity, the association may assess the cost of the additional improvements against the unit of each unit owner that has, or will, install a charging station.
(7)(a) A pedestal, or similar, charging station that is hard-wired into the electrical system must be a certified electrical product, as defined in ORS 479.530.
(b) If a charging station, other than one described in paragraph (a) of this subsection, is not a certified electrical product, the unit owner shall:
(A) Maintain a homeowner liability insurance policy in an amount not less than $1 million that includes coverage of the charging station; and
(B) Name the association of unit owners as a named additional insured under the policy with a right to notice of cancellation of the policy.
(8) In any action between a unit owner and an association of unit owners to enforce compliance with this section, the prevailing party is entitled to an award of attorney fees and costs. [2013 c.438 §7]
**
COLORADO
Colorado Revised Statutes 38-12-601 and 38-33.3-106.8
38-12-601. Unreasonable restrictions on electric vehicle charging systems – definitions hyperlink
(1) Notwithstanding any provision in the lease to the contrary, and subject to subsection (2) of this section:
(a) A tenant may install, at the tenant’s expense for the tenant’s own use, a level 1 or level 2 electric vehicle charging system on or in the leased premises; and
(b) A landlord shall not assess or charge a tenant any fee for the placement or use of an electric vehicle charging system; except that:
(I) The landlord may require reimbursement for the actual cost of electricity provided by the landlord that was used by the charging system or, alternatively, may charge a reasonable fee for access. If the charging system is part of a network for which a network fee is charged, the landlord’s reimbursement may include the amount of the network fee. Nothing in this section requires a landlord to impose upon a tenant any fee or charge other than the rental payments specified in the lease.
(II) The landlord may require reimbursement for the cost of the installation of the charging system, including any additions or upgrades to existing wiring directly attributable to the requirements of the charging system, if the landlord places or causes the electric vehicle charging system to be placed at the request of the tenant; and
(III) If the tenant desires to place an electric vehicle charging system in an area accessible to other tenants, the landlord may assess or charge the tenant a reasonable fee to reserve a specific parking spot in which to install the charging system.
(2) A landlord may require a tenant to comply with:
(a) Bona fide safety requirements, consistent with an applicable building code or recognized safety standard, for the protection of persons and property;
(b) A requirement that the charging system be registered with the landlord within thirty days after installation; or
(c) Reasonable aesthetic provisions that govern the dimensions, placement, or external appearance of an electric vehicle charging system.
(3) A tenant may place an electric vehicle charging system in an area accessible to other tenants if:
(a) The charging system is in compliance with all applicable requirements adopted pursuant to subsection (2) of this section; and
(b) The tenant agrees in writing to:
(I) Comply with the landlord’s design specifications for the installation of the charging system;
(II) Engage the services of a duly licensed and registered electrical contractor familiar with the installation and code requirements of an electric vehicle charging system; and
(III) (A) Provide, within fourteen days after receiving the landlord’s consent for the installation, a certificate of insurance naming the landlord as an additional insured on the tenant’s renters’ insurance policy for any claim related to the installation, maintenance, or use of the system or, at the landlord’s option, reimbursement to the landlord for the actual cost of any increased insurance premium amount attributable to the system, notwithstanding any provision to the contrary in the lease.
(B) A certificate of insurance under sub-subparagraph (A) of this subparagraph (III) must be provided within fourteen days after the tenant receives the landlord’s consent for the installation. Reimbursement for an increased insurance premium amount under sub-subparagraph (A) of this subparagraph (III) must be provided within fourteen days after the tenant receives the landlord’s invoice for the amount attributable to the system.
(4) If the landlord consents to a tenant’s installation of an electric vehicle charging system on property accessible to other tenants, including a parking space, carport, or garage stall, then, unless otherwise specified in a written agreement with the landlord:
(a) The tenant, and each successive tenant with exclusive rights to the area where the charging system is installed, is responsible for any costs for damages to the charging system and to any other property of the landlord or of another tenant that arise or result from the installation, maintenance, repair, removal, or replacement of the charging system;
(b) Each successive tenant with exclusive rights to the area where the charging system is installed shall assume responsibility for the repair, maintenance, removal, and replacement of the charging system until the system has been removed;
(c) The tenant and each successive tenant with exclusive rights to the area where the system is installed shall at all times have and maintain an insurance policy covering the obligations of the tenant under this subsection (4) and shall name the landlord as an additional insured under the policy; and
(d) The tenant and each successive tenant with exclusive rights to the area where the system is installed is responsible for removing the system if reasonably necessary or convenient for the repair, maintenance, or replacement of any property of the landlord, whether or not leased to another tenant.
(5) A charging system installed at the tenant’s cost is property of the tenant. Upon termination of the lease, if the charging system is removable, the tenant may either remove it or sell it to the landlord or another tenant for an agreed price. Nothing in this subsection (5) requires the landlord or another tenant to purchase the charging system.
(6) As used in this section:
(a) “Electric vehicle charging system” or “charging system” means a device that is used to provide electricity to a plug-in electric vehicle or plug-in hybrid vehicle, is designed to ensure that a safe connection has been made between the electric grid and the vehicle, and is able to communicate with the vehicle’s control system so that electricity flows at an appropriate voltage and current level. An electric vehicle charging system may be wall-mounted or pedestal style and may provide multiple cords to connect with electric vehicles. An electric vehicle charging system must be certified by underwriters laboratories or an equivalent certification and must comply with the current version of article 625 of the national electrical code.
(b) “Level 1” means a charging system that provides charging through a one-hundred-twenty volt AC plug with a cord connector that meets the SAE international J1772 standard or a successor standard.
(c) “Level 2” means a charging system that provides charging through a two-hundred-eight to two-hundred-forty volt AC plug with a cord connector that meets the SAE international J1772 standard or a successor standard.
(7) This section applies only to residential rental properties.
38-33.3-106.8. Unreasonable restrictions on electric vehicle charging systems – legislative declaration – definitions hyperlink
(1) The general assembly finds, determines, and declares that:
(a) The widespread use of plug-in electric vehicles can dramatically improve energy efficiency and air quality for all Coloradans and should be encouraged wherever possible;
(b) Most homes in Colorado, including the vast majority of new homes, are in common interest communities;
(c) The primary purpose of this section is to ensure that common interest communities provide their residents with at least a meaningful opportunity to take advantage of the availability of plug-in electric vehicles rather than create artificial restrictions on the adoption of this promising technology; and
(d) The general assembly encourages common interest communities not only to allow electric vehicle charging stations in accordance with this section, but also to apply for grants from the electric vehicle grant fund, created in section 24-38.5-103, C.R.S., or otherwise fund the installation of charging stations on common property as an amenity for residents and guests.
(2) Notwithstanding any provision in the declaration, bylaws, or rules and regulations of the association to the contrary, and except as provided in subsection (3) or (3.5) of this section, an association shall not:
(a) Prohibit a unit owner from using, or installing at the unit owner’s expense for the unit owner’s own use, a level 1 or level 2 electric vehicle charging system on or in a unit; or
(b) Assess or charge a unit owner any fee for the placement or use of an electric vehicle charging system on or in the unit owner’s unit; except that the association may require reimbursement for the actual cost of electricity provided by the association that was used by the charging system or, alternatively, may charge a reasonable fee for access. If the charging system is part of a network for which a network fee is charged, the association’s reimbursement may include the amount of the network fee. Nothing in this section requires an association to impose upon a unit owner any fee or charge other than the regular assessments specified in the declaration, bylaws, or rules and regulations of the association.
(3) Subsection (2) of this section does not apply to:
(a) Bona fide safety requirements, consistent with an applicable building code or recognized safety standard, for the protection of persons and property;
(b) A requirement that the charging system be registered with the association within thirty days after installation; or
(c) Reasonable aesthetic provisions that govern the dimensions, placement, or external appearance of an electric vehicle charging system.
(3.5) This section does not apply to a unit, or the owner thereof, if the unit is a time share unit, as defined in section 38-33-110 (7).
(4) An association shall consent to a unit owner’s placement of an electric vehicle charging system on a limited common element parking space, carport, or garage owned by the unit owner or otherwise assigned to the owner in the declaration or other recorded document if:
(a) Notwithstanding any existing ban on electric vehicle charging systems, the system otherwise complies with the declaration, bylaws, and rules and regulations of the association; and
(b) The unit owner agrees in writing to:
(I) Comply with the association’s design specifications for the installation of the system;
(II) Engage the services of a duly licensed and registered electrical contractor familiar with the installation and code requirements of an electric vehicle charging system;
(III) Bear the expense of installation, including costs to restore any common elements disturbed in the process of installing the system; and
(IV) (A) Provide, within the time specified in sub-subparagraph (B) of this subparagraph (IV), a certificate of insurance naming the association as an additional insured on the homeowner’s insurance policy for any claim related to the installation, maintenance, or use of the system or, if the system is located on a common element, reimbursement to the association for the actual cost of any increased insurance premium amount attributable to the system, notwithstanding any provision to the contrary in the association’s declaration, bylaws, or rules and regulations.
(B) A certificate of insurance under sub-subparagraph (A) of this subparagraph (IV) must be provided within fourteen days after the unit owner receives the association’s consent for the installation. Reimbursement for an increased insurance premium amount under sub-subparagraph (A) of this subparagraph (IV) must be provided within fourteen days after the unit owner receives the association’s invoice for the amount attributable to the system.
(5) If the association consents to a unit owner’s installation of an electric vehicle charging system on a limited common element, including a parking space, carport, or garage stall, then, unless otherwise specified in a written contract or in the declaration, bylaws, or rules and regulations of the association:
(a) The unit owner, and each successive unit owner with exclusive rights to the limited common element where the charging system is installed, is responsible for any costs for damages to the system, any other limited common element or general common element of the common interest community, and any adjacent units, garage stalls, carports, or parking spaces that arise or result from the installation, maintenance, repair, removal, or replacement of the system;
(b) Each successive unit owner with exclusive rights to the limited common element shall assume responsibility for the repair, maintenance, removal, and replacement of the charging system until the system has been removed;
(c) The unit owner and each successive unit owner with exclusive rights to the limited common element shall at all times have and maintain an insurance policy covering the obligations of the unit owner under this subsection (5), is subject to all obligations specified under subparagraph (IV) of paragraph (b) of subsection (4) of this section, and shall name the association as an additional insured under the policy; and
(d) The unit owner and each successive unit owner with exclusive rights to the limited common element is responsible for removing the system if reasonably necessary or convenient for the repair, maintenance, or replacement of the limited common elements or general common elements of the common interest community.
(6) A charging system installed at the unit owner’s cost is property of the unit owner. Upon sale of the unit, if the charging system is removable, the unit owner may either remove it or sell it to the buyer of the unit or to the association for an agreed price. Nothing in this subsection (6) requires the buyer or the association to purchase the charging system.
(7) As used in this section:
(a) “Electric vehicle charging system” or “charging system” means a device that is used to provide electricity to a plug-in electric vehicle or plug-in hybrid vehicle, is designed to ensure that a safe connection has been made between the electric grid and the vehicle, and is able to communicate with the vehicle’s control system so that electricity flows at an appropriate voltage and current level. An electric vehicle charging system may be wall-mounted or pedestal style and may provide multiple cords to connect with electric vehicles. An electric vehicle charging system must be certified by underwriters laboratories or an equivalent certification and must comply with the current version of article 625 of the national electrical code.
(b) “Level 1” means a charging system that provides charging through a one-hundred-twenty volt AC plug with a cord connector that meets the SAE international J1772 standard or a successor standard.
(c) “Level 2” means a charging system that provides charging through a two-hundred-eight to two-hundred-forty volt AC plug with a cord connector that meets the SAE international J1772 standard or a successor standard.
(8) This section applies only to residential units.
**
HAWAII
Hawaii Revised Statutes 196-7.5 hyperlink
[§196-7.5] Placement of electric vehicle charging system. (a) Notwithstanding any law to the contrary, no person shall be prevented by any covenant, declaration, bylaw, restriction, deed, lease, term, provision, condition, codicil, contract, or similar agreement, however worded, from installing an electric vehicle charging system on or near the parking stall of any multi-family residential dwelling or townhouse that the person owns. Any provision in any lease, instrument, or contract contrary to the intent of this section shall be void and unenforceable.
(b) Every private entity may adopt rules that reasonably restrict the placement and use of electric vehicle charging systems for the purpose of charging electrical vehicles in the parking stalls of any multi-family residential dwelling or townhouse; provided that those restrictions shall not prohibit the placement or use of electric vehicle charging systems altogether. No private entity shall assess or charge any homeowner any fees for the placement of any electric vehicle charging system; provided that the private entity may require reimbursement for the cost of electricity used by such electric vehicle charging system.
(c) Any person may place an electric vehicle charging system on or near the parking stall of any multi-family residential dwelling or townhouse unit owned by that person; provided that:
(1) The system is in compliance with any rules and specifications adopted pursuant to subsection (b);
(2) The system is registered with the private entity of record within thirty days of installation;
(3) If the system is placed on a common element or limited common element as defined by a project’s declaration, the homeowner shall first obtain the consent of the private entity; provided further that such consent shall be given if the homeowner agrees in writing to:
(A) Comply with the private entity’s design specification for the installation of the system;
(B) Engage a duly licensed contractor to install the system; and
(C) Within fourteen days of approval of the system by the private entity, provide a certificate of insurance naming the private entity as an additional insured on the homeowner’s insurance policy.
(d) If an electric vehicle charging system is placed on a common element or limited common element:
(1) The owner and each successive owner of the parking stall on which or near where the system is placed shall be responsible for any costs for damages to the system, common elements, limited common elements, and any adjacent units, arising or resulting from the installation, maintenance, repair, removal, or replacement of the system. The repair, maintenance, removal, and replacement responsibilities shall be assumed by each successive owner until the electric vehicle charging system has been removed from the common elements or limited common elements. The owner and each successive owner shall at all times have and maintain a policy of insurance covering the obligations of the owner under this paragraph and shall name the private entity as an additional insured under the policy; and
(2) The owner and any successive owner of the parking stall on which or near where the system is placed shall be responsible for removing the electric vehicle charging system if reasonably necessary or convenient for the repair, maintenance, or replacement of the common elements or limited common elements.
(e) For the purpose of this section:
“Electric vehicle charging system” means a system that is designed in compliance with Article 625 of the National Electrical Code and delivers electricity from a source outside an electric vehicle into one or more electric vehicles. An electric vehicle charging system may include several charge points simultaneously connecting several electric vehicles to the system.
“Private entity” means any association of homeowners, community association, condominium association, cooperative, or any other nongovernmental entity with covenants, bylaws, and administrative provisions with which a homeowner’s compliance is required. [L 2010, c 186, §1]
**
CALIFORNIA
1) Electric Vehicle Supply Equipment (EVSE) Policies for Multi-Unit Dwellings
California Civil Code 4745 and 6713)
California Civil Code 4745 hyperlink
4745. (a) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a common interest development, and any provision of a governing document, as defined in Section 4150, that either effectively prohibits or unreasonably restricts the installation or use of an electric vehicle charging station within an owner’s unit or in a designated parking space, including, but not limited to, a deeded parking space, a parking space in an owner’s exclusive use common area, or a parking space that is specifically designated for use by a particular owner, or is in conflict with this section is void and unenforceable.
(b) (1) This section does not apply to provisions that impose reasonable restrictions on electric vehicle charging stations. However, it is the policy of the state to promote, encourage, and remove obstacles to the use of electric vehicle charging stations.
(2) For purposes of this section, “reasonable restrictions” are restrictions that do not significantly increase the cost of the station or significantly decrease its efficiency or specified performance.
(c) An electric vehicle charging station shall meet applicable health and safety standards and requirements imposed by state and local authorities, and all other applicable zoning, land use, or other ordinances, or land use permits.
(d) For purposes of this section, “electric vehicle charging station” means a station that is designed in compliance with the California Building Standards Code and delivers electricity from a source outside an electric vehicle into one or more electric vehicles. An electric vehicle charging station may include several charge points simultaneously connecting several electric vehicles to the station and any related equipment needed to facilitate charging plug-in electric vehicles.
(e) If approval is required for the installation or use of an electric vehicle charging station, the application for approval shall be processed and approved by the association in the same manner as an application for approval of an architectural modification to the property, and shall not be willfully avoided or delayed. The approval or denial of an application shall be in writing. If an application is not denied in writing within 60 days from the date of receipt of the application, the application shall be deemed approved, unless that delay is the result of a reasonable request for additional information.
(f) If the electric vehicle charging station is to be placed in a common area or an exclusive use common area, as designated in the common interest development’s declaration, the following provisions apply:
(1) The owner first shall obtain approval from the association to install the electric vehicle charging station and the association shall approve the installation if the owner agrees in writing to do all of the following:
(A) Comply with the association’s architectural standards for the installation of the charging station.
(B) Engage a licensed contractor to install the charging station.
(C) Within 14 days of approval, provide a certificate of insurance that names the association as an additional insured under the owner’s insurance policy in the amount set forth in paragraph (3).
(D) Pay for both the costs associated with the installation of and the electricity usage associated with the charging station.
(2) The owner and each successive owner of the charging station shall be responsible for all of the following:
(A) Costs for damage to the charging station, common area, exclusive use common area, or separate interests resulting from the installation, maintenance, repair, removal, or replacement of the charging station.
(B) Costs for the maintenance, repair, and replacement of the charging station until it has been removed and for the restoration of the common area after removal.
(C) The cost of electricity associated with the charging station.
(D) Disclosing to prospective buyers the existence of any charging station of the owner and the related responsibilities of the owner under this section.
(3) The owner of the charging station, whether located within a separate unit or within the common area or exclusive use common area, shall, at all times, maintain a liability coverage policy. The owner that submitted the application to install the charging station shall provide the association with the corresponding certificate of insurance within 14 days of approval of the application. That owner and each successor owner shall provide the association with the certificate of insurance annually thereafter.
(4) A homeowner shall not be required to maintain a homeowner liability coverage policy for an existing National Electrical Manufacturers Association standard alternating current power plug.
(g) Except as provided in subdivision (h), installation of an electric vehicle charging station for the exclusive use of an owner in a common area, that is not an exclusive use common area, shall be authorized by the association only if installation in the owner’s designated parking space is impossible or unreasonably expensive. In such cases, the association shall enter into a license agreement with the owner for the use of the space in a common area, and the owner shall comply with all of the requirements in subdivision (f).
(h) The association or owners may install an electric vehicle charging station in the common area for the use of all members of the association and, in that case, the association shall develop appropriate terms of use for the charging station.
(i) An association may create a new parking space where one did not previously exist to facilitate the installation of an electric vehicle charging station.
(j) An association that willfully violates this section shall be liable to the applicant or other party for actual damages, and shall pay a civil penalty to the applicant or other party in an amount not to exceed one thousand dollars ($1,000).
(k) In any action by a homeowner requesting to have an electric vehicle charging station installed and seeking to enforce compliance with this section, the prevailing plaintiff shall be awarded reasonable attorney’s fees.
California Civil Code 4745.1 hyperlink
4745.1. (a) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a common interest development, and any provision of a governing document, as defined in Section 4150, that either effectively prohibits or unreasonably restricts the installation or use of an EV-dedicated TOU meter or is in conflict with this section is void and unenforceable.
(b) (1) This section does not apply to provisions that impose reasonable restrictions on the installation of an EV-dedicated TOU meter. However, it is the policy of the state to promote, encourage, and remove obstacles to the effective installation of EV-dedicated TOU meters.
(2) For purposes of this section, “reasonable restrictions” are restrictions based upon space, aesthetics, structural integrity, and equal access to these services for all homeowners, but an association shall attempt to find a reasonable way to accommodate the installation request, unless the association would need to incur an expense.
(c) An EV-dedicated TOU meter shall meet applicable health and safety standards and requirements imposed by state and local authorities, and all other applicable zoning, land use, or other ordinances, or land use permits.
(d) For purposes of this section, an “EV-dedicated TOU meter” means an electric meter supplied and installed by an electric utility, that is separate from, and in addition to, any other electric meter and is devoted exclusively to the charging of electric vehicles, and that tracks the time of use (TOU) when charging occurs. An “EV-dedicated TOU meter” includes any wiring or conduit necessary to connect the electric meter to an electric vehicle charging station, as defined in Section 4745, regardless of whether it is supplied or installed by an electric utility.
(e) If approval is required for the installation or use of an EV-dedicated TOU meter, the application for approval shall be processed and approved by the association in the same manner as an application for approval of an architectural modification to the property, and shall not be willfully avoided or delayed. The approval or denial of an application shall be in writing. If an application is not denied in writing within 60 days from the date of receipt of the application, the application shall be deemed approved, unless that delay is the result of a reasonable request for additional information.
(f) If the EV-dedicated TOU meter is to be placed in a common area or an exclusive use common area, as designated in the common interest development’s declaration, the following provisions apply:
(1) The owner first shall obtain approval from the association to install the EV-dedicated TOU meter and the association shall approve the installation if the owner agrees in writing to do both of the following:
(A) Comply with the association’s architectural standards for the installation of the EV-dedicated TOU meter.
(B) Engage the relevant electric utility to install the EV-dedicated TOU meter and, if necessary, a licensed contractor to install wiring or conduit necessary to connect the electric meter to an EV charging station.
(2) The owner and each successive owner of an EV-dedicated TOU meter shall be responsible for all of the following:
(A) Costs for damage to the EV-dedicated TOU meter, common area, exclusive use common area, or separate interests resulting from the installation, maintenance, repair, removal, or replacement of the EV-dedicated TOU meter.
(B) Costs for the maintenance, repair, and replacement of the EV-dedicated TOU meter until it has been removed and for the restoration of the common area after removal.
(C) Disclosing to prospective buyers the existence of any EV-dedicated TOU meter of the owner and the related responsibilities of the owner under this section.
(g) The association or owners may install an EV-dedicated TOU meter in the common area for the use of all members of the association and, in that case, the association shall develop appropriate terms of use for the EV-dedicated TOU meter.
(h) An association that willfully violates this section shall be liable to the applicant or other party for actual damages, and shall pay a civil penalty to the applicant or other party in an amount not to exceed one thousand dollars ($1,000).
(i) In any action by a homeowner requesting to have an EV-dedicated TOU meter installed and seeking to enforce compliance with this section, the prevailing plaintiff shall be awarded reasonable attorney’s fees.
2) Electric Vehicle Supply Equipment (EVSE) Policies for Residential and Commercial Renters
California Civil Code 1947.6 and 1952.7)
California Civil Code 1947.6 hyperlink
1947.6. (a) For any lease executed, extended, or renewed on and after July 1, 2015, a lessor of a dwelling shall approve a written request of a lessee to install an electric vehicle charging station at a parking space allotted for the lessee that meets the requirements of this section and complies with the lessor’s procedural approval process for modification to the property.
(b) This section does not apply to residential rental properties where:
(1) Electric vehicle charging stations already exist for lessees in a ratio that is equal to or greater than 10 percent of the designated parking spaces.
(2) Parking is not provided as part of the lease agreement.
(3) A property where there are less than five parking spaces.
(4) A dwelling that is subject to the residential rent control ordinance of a public entity.
(c) For purposes of this section, “electric vehicle charging station” or “charging station” means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this section, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.
(d) A lessor shall not be obligated to provide an additional parking space to a lessee in order to accommodate an electric vehicle charging station.
(e) If the electric vehicle charging station has the effect of providing the lessee with a reserved parking space, the lessor may charge a monthly rental amount for that parking space.
(f) An electric vehicle charging station and all modifications and improvements to the property shall comply with federal, state, and local law, and all applicable zoning requirements, land use requirements, and covenants, conditions, and restrictions.
(g) A lessee’s written request to make a modification to the property in order to install and use an electric vehicle charging station shall include, but is not limited to, his or her consent to enter into a written agreement that includes, but is not limited to, the following:
(1) Compliance with the lessor’s requirements for the installation, use, maintenance, and removal of the charging station and installation, use, and maintenance of the infrastructure for the charging station.
(2) Compliance with the lessor’s requirements for the lessee to provide a complete financial analysis and scope of work regarding the installation of the charging station and its infrastructure.
(3) A written description of how, when, and where the modifications and improvements to the property are proposed to be made consistent with those items specified in the “Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” published by the Office of Planning and Research.
(4) Obligation of the lessee to pay the lessor all costs associated with the lessor’s installation of the charging station and its infrastructure prior to any modification or improvement being made to the leased property. The costs associated with modifications and improvements shall include, but are not limited to, the cost of permits, supervision, construction, and, solely if required by the contractor, consistent with its past performance of work for the lessor, performance bonds.
(5) Obligation of the lessee to pay as part of rent for the costs associated with the electrical usage of the charging station, and cost for damage, maintenance, repair, removal, and replacement of the charging station, and modifications or improvements made to the property associated with the charging station.
(h) The lessee shall maintain in full force and effect a lessee’s general liability insurance policy in the amount of one million dollars ($1,000,000) and shall name the lessor as a named additional insured under the policy commencing with the date of approval of construction until the lessee forfeits possession of the dwelling to the lessor.
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Boston
Massachuetts 2017 H.4069 hyperlink
[Chapter 370 of the Acts of 2018] AN ACT ESTABLISHING GUIDELINES FOR THE INSTALLATION AND USE OF ELECTRIC VEHICLE CHARGING STATIONS IN THE CITY OF BOSTON.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. (a) As used in this act, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Association”, any association of homeowners, community association, condominium association, cooperative or any other nongovernmental entity with covenants, bylaws and administrative provisions with which a homeowner’s compliance is required.
“Dedicated parking spot”, a parking spot that is: (i) located within an owner’s separate interest; and (ii) in a common area, but subject to exclusive use rights of an owner, including, but not limited to, a deeded parking space, a garage space, a carport or a parking space that is specifically designated for use by a particular owner.
“Electric vehicle charging system”, a system that is designed in compliance with Article 625 of the National Electrical Code and delivers electricity from a source outside an electric vehicle into 1 or more electric vehicles; provided, however, that an electric vehicle charging system may include several charge points simultaneously connecting several electric vehicles to the system.
“Owner”, a person who owns a separate lot, unit or interest, along with an undivided interest or membership interest in the common area of the entire project, including but not limited to condominiums, planned unit developments and parcels subject to a homeowners’ association.
“Reasonable restrictions”, restrictions that do not significantly increase the cost of the station, significantly decrease its efficiency or specified performance or effectively prohibit the installation altogether.
“Separate interest”, a separate lot, unit or interest to which an owner has exclusive rights of ownership.
(b) An association in the city of Boston shall not prohibit or unreasonably restrict an owner from installing an electric vehicle charging station: (i) on or in areas subject to the owner’s separate interest; (ii) on or in areas to which the owner has exclusive use; or (iii) on a common element; provided, however, that the common element is within a reasonable distance of the dedicated parking spot. Nothing in this subsection shall be construed to prohibit an association from making reasonable restrictions.
(c) Installation of an electric vehicle charging station in the city of Boston shall be subject to the following: (i) the electric vehicle charging station shall be installed at the owner’s expense; (ii) the electric vehicle charging station shall be installed by a licensed contractor or electrician; (iii) an electric vehicle charging station shall conform to: (A) all applicable health and safety standards and requirements imposed by national, state and local authorities; and (B) all other applicable zoning, land use or other ordinances or land use permits.
(d) An association may require an owner to submit an application before installing an electric vehicle charging station in the city of Boston, pursuant to the following provisions: (i) if an association requires such an application, the application shall be processed and approved by the association in the same manner as an application for approval of an architectural modification to the property, and shall not be willfully avoided or delayed; (ii) the association shall approve the application if the owner complies with the association’s architectural standards and this section; (iii) the approval or denial of an application shall be in writing; (iv) if an application is not denied in writing within 60 days from the date of receipt of the application, the application shall be deemed approved, unless that delay is the result of a reasonable request for additional information; (v) an association may not assess or charge an owner a fee for the placement of an electric vehicle charging station, except a reasonable fee for processing the application; provided, however, that such a fee exists for all applications for approval of architectural modifications.
(e) An owner of a separate interest or an owner who has exclusive rights to an area where an electric vehicle charging system is installed shall be responsible for: (i) disclosing to prospective buyers the existence of a charging station of the owner and the related responsibilities of the owner pursuant to this section; (ii) disclosing to prospective buyers whether the electric vehicle charging station is removable and whether the owner intends to remove the station in order to install it at the owner’s new place of residence; (iii) costs of the maintenance, repair and replacement of the electric vehicle charging station until the charging station is removed, and for restoration of the common area after removal; (iv) costs for damage to the electric vehicle charging station, common area, exclusive common area or a separate interest resulting from the installation, maintenance, repair, removal or replacement of the charging station; (v) the cost of electricity associated with the electric vehicle charging station; provided however, that the owner shall connect the electric vehicle charging station to the owner’s electricity utility account unless the licensed contractor performing the installation deems that to be impossible; provided further, that if the connection is deemed impossible, the association shall allow the owner to connect the electric vehicle charging station to the common electricity account, but may require reimbursement by the owner to the association for the electricity costs, per the owner’s responsibility for such costs; and (vi) removing the electric vehicle charging station if reasonably necessary for the repair, maintenance or replacement of any property of the association or separate interests.
(f) An association may install an electric vehicle charging station in the common area for the use of all members of the association and, in that case, the association shall develop appropriate terms of use for the charging station.
SECTION 2. This act shall take effect 30 days after enactment.
Approved, January 2, 2019.