Electric Vehicle (EV) Charger Policies for Multifamily Housing

A common interest development, including a community apartment, condominium, and cooperative development, may not prohibit or restrict the installation or use of EV chargers or EV-dedicated time-of-use (TOU) meter in a homeowner’s designated parking space or unit. These entities may put reasonable restrictions on EV chargers, but the policies may not significantly increase the cost of the EV chargers or significantly decrease their efficiency or performance. Restrictions may be placed on TOU meter installations if the restrictions are based on the structure of or available space in the building. If installation in the homeowner’s designated parking space or unit is not possible, with authorization, the homeowner may add EV chargers or an EV-dedicated TOU meter in a common area. The homeowner must obtain appropriate approvals from the common interest development association and agree in writing to comply with applicable architectural standards, engage a licensed installation contractor, provide a certificate of insurance, and pay for the electricity usage, maintenance, and other costs associated with the EV chargers or TOU meter. Any application for approval should be processed by the common interest development association without willful avoidance or delay. The homeowner and each successive homeowner of the parking space or unit equipped with EV chargers or a TOU meter is responsible for the cost of the installation, maintenance, repair, removal, or replacement of the equipment, as well as any resulting damage to the EV chargers, TOU meter, or surrounding area. The homeowner must also maintain a $1 million umbrella liability coverage policy and name the common interest development as an additional insured entity under the policy. If EV chargers or an EV-dedicated TOU meter is installed in a common area for use by all members of the association, the common interest development must develop terms for use of the EV chargers or TOU meter.

(Reference California Civil Code 4745, 4745.1, and 6713)