Electric Vehicle Charging Stations in Your HOA
Suppose you live in an HOA or COA and you want to buy an electric vehicle. Do you know who you are to work with within your association to set up a charging station? Do you know who is responsible for installation and maintenance?
Review the HOA Documents Before Purchasing
Before purchasing an electric vehicle, you should review your condominium documents and applicable state laws. California, Colorado, Florida, Hawaii, and Oregon have passed laws regulating requests to install electric vehicle charging stations. Many municipalities also have adopted ordinances regulating installation.
Some condominium or townhome documents contain specific requirements for charging stations, but most don't specifically address the subject. When the documents are silent on the matter, installing a charging station is typically handled as a request to modify the general or limited common elements.
Submit Detailed Plans to the HOA Board
Most condominium associations will require an owner to submit detailed plans so the board or architectural committee can determine if the proposal is safe and otherwise complies with the documents.
What Happens When If You Don't Communicate
Suppose you do not consult with the association before installing a charging station. In that case, this may result in a bylaw violation, and the association may file a lawsuit to make you remove the station.
Most condominiums and townhomes will permit a Level 1 charging station (plugging into the wall) or a Level 2 charging station (a small wall-mounted charging station). However, this is only possible if you consult with the HOA in advance.
Modification Agreement Provisions
After an owner submits a modification request, it is common for the condominium association to prepare a written agreement that outlines the parties' obligations. Common modification agreement provisions stipulate that the owner must:
Satisfy all building code requirements.
Hire a licensed and insured professional to install the charging station.
Adhere to any aesthetic standards identified by the association
Pay for any costs for installing, insuring, and maintaining the charging station.
Indemnify the association if the charging station causes any damage.
Pay for all electricity usage. In some instances, this will require the installation of a separate meter for the charging station.
The association may also identify the length of time the charging station may remain installed and whether it needs to remove the condominium unit's sale.
Contact an Attorney
Before purchasing an electric vehicle, you also might consider consulting with a local community association attorney. He or she can help you avoid any surprises by reviewing your condominium documents and state laws. The upfront investment may save you from making an expensive mistake and make the process of requesting a charging station much smoother.
Contact Us
Do you have questions? Don't hesitate to contact us directly if you have questions concerning electric vehicle charging stations.