Difficulties Installing EV Charging Stations in Condos
Virginia Senator Scott A. Surovell of Mount Vernon has introduced a “Right to Charge” bill (SB 630) for the 2020 legislative session in Richmond.
The legislation would prohibit certain HOAs, condominiums and cooperatives from prohibiting the installation of an electric vehicle charging station in a resident’s designated parking space. The bill sets certain provisions including requiring the EV owner to pay for the electricity plus the cost of the installation and removal of the charging stations.
Senator Surovell says, “The transportation sector has now passed electricity production as the largest carbon emitter in the United States.”
Need to Facilitate EV Ownership
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.”
Virginia Senate Bill 630
This is the section of the proposed bill that addresses HOAs in particular.
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:
- 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.
- 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:
- Request approval to install an electric vehicle charging station.
- Comply with bona fide safety requirements, consistent with applicable building codes or recognized safety standards, for the protection of persons and property.
- 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.
- Engage the services of a licensed and registered electrical contractor or engineer familiar with the installation and core requirements of electric vehicle charging stations.
- 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.
- 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.
- 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.
Track Virginia SB 630 at the PlugInSites Electric Vehicle Legislation Tracker
