Virginia “Right to Charge” at Condos & HOAs Proposed

A. Except as otherwise expressly provided in the declaration, no provision of the declaration, bylaws, rules and regulations, architectural guidelines, or articles of incorporation, if any, of the association may prohibit or be enforced so as to prohibit any lot owner from installing an electric vehicle charging station within the boundaries of the lot owner’s property. No association may prohibit a lot owner from installing an electric vehicle charging station for an electric vehicle within the boundaries of the lot owner’s property.

B. The installation of electric vehicle charging stations shall be subject to the following provisions:

1. The lot owner who is installing an electric vehicle charging station shall be responsible for the costs of installation, operation, maintenance, and repair, including hazard and liability insurance.
2. If the lot owner decides there is no longer a need for the electric vehicle charging station, he shall be responsible for the cost of removal of such charging station.

C. Additionally, the association may require the lot owner to:

1. Request approval to install an electric vehicle charging station.
2. Comply with bona fide safety requirements, consistent with applicable building codes or recognized safety standards, for the protection of persons and property.
3. 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.
4. Engage the services of a licensed and registered electrical contractor or engineer familiar with the installation and core requirements of electric vehicle charging stations.
5. 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.
6. 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.
7. Meter electricity to the charging station separately from any association electric meter and make electricity for the charging station payable by the lot owner installing such station.

D. The association shall provide an implied easement across the common areas of the association property to the lot owner for purposes of installing the electric vehicle charging station and any necessary equipment and furnishing electrical power to such charging station, subject to the requirements of this section.