Maryland “Right to Charge” Bill Passes

 Lifting Charging Restrictions at Condos and HOAs

Maryland Right to Charge
Map showing states that have passed “Right to Charge” legislation.

If your Maryland condominium or homeowners association ever said that you’re not allowed to install an EV charging station in your designated parking space, then you may soon have recourse. The General Assembly in Annapolis just passed a “Right to Charge” bill that would make Maryland the 9th state to remove such restrictions. The bill, (HB110) sponsored by Delegate Marc Korman of Montgomery County and cross-filed (SB144) by Senator Guy Guzzone of Howard County, is now headed to the Governor to be signed into law.

Maryland will join Florida, New York, Virginia, and five other states to prohibit HOAs and condo boards from arbitrarily denying permission for a homeowner to install an electric vehicle charging station. It would make void and unenforceable any covenants or restrictions of a condominium or homeowners association if they prohibit or unreasonably restrict the installation or use of electric vehicle recharging equipment in an owner’s deeded or designated parking space.

This bill gives homeowners the right to install a charging station in their parking spot as long as they pay for the costs of installation, maintenance, electricity and subsequent removal upon moving. Many people in Maryland live in housing that is governed by an HOA or condo board. Addressing the issue of charging at multi-family units is important to achieve the full potential of electric vehicle adoption in the state.

A Five Year Journey

This legislation has a history in Maryland going back at least five years. I’ve testified in support of Maryland Right to Charge since 2016. It seemed that the opposition from the HOA groups was strong and overwhelming back then. It seemed impossible to reconcile at the time. Consequently, the bills in 2016, 2017 and 2018 failed.

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Virginia Right-to-Charge Law is in Effect

Right-to-Charge Laws

Facilitates EV Charging for Condo and HOA Members

As of July 1, 2020, a Virginia Right-to-Charge law is in effect. This will make it easier to install an electric vehicle charging station for residents who live on property with a Home Owners Association or Condo Board. The law also applies to proprietary lessees in Virginia.

The law creates a framework for residents and property owners’ associations to follow. This includes requiring the unit owner to pay the cost of installing the charging station as well as the electricity used.

Virginia Right to Charge Joins Six Other States

Six other states have Right to Charge laws including New York, Florida, Colorado, California, Oregon and Hawaii. Maryland lawmakers considered such a bill in 2020 (HB 111). It passed the House but died in the Senate, possibly due to the abrupt adjournment of the session due to the pandemic.

Virginia Senator Scott A. Surovell proposed the Virginia Right to Charge bill (SB 630). An EV driver himself, Surovell told PlugInSites, “We need to facilitate EV ownership and several people including constituents have reached out to me regarding difficulties encountered installing EV charging stations in condominiums. I’m hoping that my legislation will create a roadmap that facilitates the efficient deployment of charging stations in homeowners associations, condominiums and cooperatives.”

Here is the text of the Virginia Right to Charge law with links to the source.

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