Virginia Right to Charge Law – EV Charging at Condo HOA

Right to Charge

State Laws in Maryland, New Jersey, Virginia, New York, Florida, Oregon, Colorado, Hawaii & California

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.

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