Addresses EV Charging Installation for Condo and HOA Members
A “Right to Charge” bill (SB 630) passed in the Virginia General Assembly today. The bill now heads to the Governor’s desk.
The legislation prohibits HOAs, condominium associations and cooperatives from prohibiting the installation of an electric vehicle charging station in a resident’s designated parking space. The bill sets a certain framework including requiring the EV owner to pay for the electricity plus the cost of the installation of the charging stations.
Joins New York, Florida, Colorado, California, Oregon & Hawaii in Right to Charge
Similar legislation was enacted in New York last December. Five other states have “Right to Charge” laws including Florida, Hawaii and California. Maryland lawmakers are also considering a proposal this session.
Virginia Senator Scott A. Surovell sponsored the “Right to Charge” bill (SB 630) in response to a constituent in Prince William County who reached out to him because his condo association refused to consider his application to install a charging station.
Passed Unanimously
Earlier this week, the House Communications, Technology and Innovation Committee approved SB 630 unanimously, 22 to 0.
Senator Surovell told the committee, “This bill is modeled on Florida law and we made some changes to make it consistent with what we thought was Virginia law.”
Committee member Ken Plum who represents Reston, commented, “This can be a real difficult issue to deal with and I don’t think we can leave our communities and our constituents in the situation of having invested in electric vehicles and not being able to charge it at home.“
Video: Communications, Technology and Innovation Committee vote.
Section of SB 630 that specifically addresses condo associations:
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:
- 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.
- Comply with applicable building codes or recognized safety standards.
- 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.
- Pay the costs of installation, maintenance, operation, and use of the electric vehicle charging station.
- Indemnify and hold the unit owners’ association harmless from any claim made by a contractor or supplier pursuant to Title 43.
- 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.
- 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.
- 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.
- 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.
- 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.
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