Starting January 1, 2012, any restriction which prohibits or restricts the installation or use of an electric vehicle ("EV") charging station in a common interest development is void and unenforceable.
Civil Code §1353.9(a).
Owner Requirements. If a homeowner wants to install an EV charging station in a common area or an exclusive use common area, he/she must obtain HOA approval and agree in writing to the following (
Civil Code §1353.9(f)(1)):
Comply with the association's s architectural standards.
Use a licensed contractor to install the station.
Within 14 days of approval, provide a certificate of insurance that names the common interest development as an additional insured under the homeowner's insurance policy.
Pay for electricity usage associated with the station.
In addition, the homeowner and each successive homeowner of the EV charging station shall be responsible for all of the following (Civil Code §1353.9(f)(2)):
Damage. Damage to the station, common areas, exclusive common areas, or adjacent units resulting from the installation, maintenance, repair, removal, or replacement of the station.
Maintenance. Maintenance, removal, repair, and replacement of the electric vehicle charging station until it has been removed from the common area or exclusive use common area.
Electricity. Electricity associated with the station.
Disclosure. Disclosing the EV charging station to buyers and the related responsibilities of the homeowner.
Insurance. Maintain an umbrella liability coverage policy in the amount of one million dollars ($1,000,000) covering owner's obligations and naming the HOA as an additional insured under the policy with a right to notice of cancellation. Civil Code §1353.9(f)(e).
HOA Duties. If approval is required for the installation or use of an EV charging station, the application must be processed and approved in the same manner as any other architectural application and not willfully avoided or delayed. Approval or denial of the application must be in writing. If an application is not denied in writing within
60 days from receipt of the application, the application shall be deemed approved, unless that delay is the result of a reasonable request for additional information.
Civil Code §1353.9(e).
Reasonable Restrictions. Associations may impose reasonable restrictions on EV charging stations provided those restrictions do not significantly increase the cost of the station or significantly decrease its efficiency or specified performance.
Civil Code §1353.9(b)(2).
RECOMMENDATION: Whenever an owner installs an EV Charging Station, a
covenant signed by the owner should be recorded which obligates the owner and all future owners of the unit to satisfy their statutory obligations to maintain the charging station and carry insurance naming the association as additional insured on the policy.