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Electric Vehicle (EV) Charging Station Policies for Multi-Family Residences

A multi-family residential dwelling or townhouse owner may install EV charging stations on or near a parking stall at the dwelling as long as the EV charging station is in compliance with applicable rules and specifications, the EV charging station is registered with the private entity within 30 days of installation, and the homeowner receives consent from the private entity if the EV charging station is placed in a common area. Private entities may adopt rules that restrict the placement and use of EV charging station but may not charge a fee for the placement. The EV charging station owner is responsible for any damages resulting from the installation, maintenance, repair, removal, or replacement of the EV charging station. A private entity includes associations of homeowners, community associations, condominium associations, cooperatives, or any nongovernmental entity with covenants.

A working group within the Hawaii Department of Business, Economic Development, and Tourism identified and examined the issues regarding multi-family dwelling EV charging station requests to private entities. The group reported its findings and recommendations to the state legislature in December 2015.

(Reference Hawaii Revised Statutes 196-7.5)

Electric Vehicle (EV) Charging Station Policies for Multi-Unit Dwellings

A common interest development, including a community apartment, condominium, and cooperative development, may not prohibit or restrict the installation or use of EV charging stations 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 charging stations, but the policies may not significantly increase the cost of the EV charging stations or significantly decrease its efficiency or performance. Restrictions may be placed on TOU meter installations if they 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 charging stations or a 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 charging stations 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 charging stations 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 charging stations, 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 charging stations 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 charging stations or TOU meter.

(Reference California Civil Code 4745 and 6713)

Electric Vehicle (EV) Charging Station Policies for Associations

The owner of a lot in a planned community or unit in a condominium may apply to install EV charging stations for their personal use in a parking space subject to the exclusive use of the owner. The homeowners association (HOA) must approve a complete application within 60 days. The owner is responsible for all costs associated with the EV charging station installation and use, must disclose the existence of the EV charging station and related responsibilities to a prospective buyer, and must ensure that the infrastructure meets insurance and safety requirements. EV charging stations installed under these regulations on or before June 4, 2015, is considered to be the personal property of the lot or unit owner with which the EV charging station is associated, unless the owner and HOA have negotiated a different outcome. Additional requirements and restrictions apply. (Reference Oregon Revised Statutes 94.762 and 100.627)

Electric Vehicle (EV) Charging Station Policies for Residential and Commercial Renters

The lessor of a dwelling or commercial property must approve written requests from a lessee to install EV charging station at a parking space allotted for the lessee on qualified properties. Certain exclusions apply to residential dwellings and commercial properties. All modifications and improvements must comply with federal, state, and local laws and all applicable zoning and land use requirements, covenants, conditions, and restrictions. The lessee of the parking space equipped with EV charging station is responsible for the cost of the installation, maintenance, repair, removal, or replacement of the equipment, electricity consumption, as well as any resulting damage to the EV charging station or surrounding area. Unless the EV charging station is certified by a Nationally Recognized Testing Laboratory and electrical upgrades are performed by a licensed electrician, the lessee must also maintain a personal liability coverage policy in an amount of up to 10 times the annual rent of the dwelling.

Electric Vehicle (EV) Charging Station Policies for Rental Properties

The tenant of a commercial space may apply to install EV charging stations for the use of the tenant, employees of the tenant, and customers of the tenant. Unless the premises does not have at least one parking space per rental unit, the landlord must approve a completed application no more than 60 days after the tenant submits the application. In the absence of a different tenant-landlord agreement, the EV charging stations will be personal property of the tenant and the tenant is responsible for all costs associated with installation and use of the EV charging station. The tenant is responsible for maintaining a renter’s liability insurance policy of at least $100,000. Upon the termination of the rental agreement, the landlord may require the tenant to remove the charging station and restore the premises. Additional requirements and restrictions apply. (Reference Oregon Revised Statutes 90.462)

Electric Vehicle (EV) Charging Station and Natural Gas Vehicle (NGV) Policies for Condominiums

Condominium associations may not prohibit or restrict the installation or use of EV charging station or NGV fueling station in a homeowner’s designated parking space. Condominium associations may put reasonable restrictions on EV charging station or NGV fueling station, but the policies may not significantly increase the cost of the EV charging station or NGV fueling station or prohibit installation. Homeowners may be required to comply with applicable safety codes and architectural standards, engage a licensed installation contractor, provide a certificate of insurance, and reimburse the cost of any increased insurance premium associated with the EV charging station or NGV fueling station. The homeowner of the parking space equipped with EV charging stations or NGV fuel is responsible for the cost of the installation, operation, maintenance, repair, removal, or replacement of the station, as well as any resulting damage to the EV charging station or surrounding area. (Reference Florida Statutes 718.113)

Electric Vehicle (EV) Charging Station Policies for Associations

Homeowners associations (HOAs) or condominium associations may not prohibit the installation of an EV charging station for personal use within the EV charging station owner’s designated parking space. HOAs may establish restrictions on the number, size, placement, manner of installation, and insurance requirements for the EV charging station if it is installed on the exterior of the property or in a common area. HOAs are not liable for the EV charging station.

(Reference Virginia Code 55.1-1823.1, 55.1-1962.1, and 55.1-2139.1)

Electric Vehicle (EV) Policies for Condominiums

Condominium associations may not prohibit or restrict the installation or use of EV charging stations in a homeowner’s designated parking space. Condominium associations may put reasonable restrictions on EV charging stations, but the policies may not significantly increase the cost of the EV charging stations or prohibit installation. Homeowners must comply with applicable health and safety codes and architectural standards, engage a licensed installation contractor, and provide a certificate of insurance. The homeowner is responsible for the cost of the installation, operation, maintenance, repair, removal, or replacement of the station in their parking space, as well as any resulting damage to the EV charging station or surrounding area. (Reference New York Consolidated Laws Real Property Section 339-LL)

Electric Vehicle (EV) Charging Station Policies for Condominiums

Condominium associations may not prohibit or restrict the installation or use of EV charging stations in a homeowner’s designated parking space. Condominium associations may put reasonable restrictions on EV charging stations, but the policies may not significantly increase the cost of the EV charging station or prohibit installation. Homeowners must comply with applicable health and safety codes and architectural standards, engage a licensed installation contractor, and provide a certificate of insurance. The homeowner is responsible for the cost of the installation, operation, maintenance, repair, removal, or replacement of the station in their parking space, as well as any resulting damage to the EV charging station or surrounding area.

(Reference New Jersey Statutes 45:22A-43 and 45:22A-48.4)

Electric Vehicle (EV) Charging Station Policies for Associations

Homeowner associations or condominium associations may not prohibit or restrict the installation or use of an EV charging station in a homeowner’s designated parking space. Associations may put reasonable restrictions on EV charging stations, but the association must treat EV charging station installation in the same manner as any unit architectural modification. Residents are required to comply with all relevant building codes and safety standards and engage a licensed EV charging station contractor. The residential EV charging station owner is responsible for the cost of the installation, operation, maintenance, repair, insurance, removal, or replacement of the station, as well as any resulting damage to the EV charging station or surrounding area.

(Reference Maryland Statutes, Real Property Code 11-111.4)

Electric Vehicle (EV) Charging Station Policies for Condominiums

Beginning October 1, 2022, condominium associations may not prohibit or restrict the installation or use of EV charging stations. These entities may put reasonable restrictions on EV charging stations, but the policies may not discourage or add obstacles to the use of EV charging stations. The EV charging station installer must obtain appropriate approvals from the common interest development association, comply with applicable architectural standards, engage a licensed installation contractor, provide a certificate of insurance, register the EV charging station with the association, meet health and building standards, and pay for the electricity usage, maintenance, and other costs associated with the EV charging station until it is removed by the homeowner.

(Reference Senate Bill 4, 2022)

Electric Vehicle (EV) Charging Station Policies for Rental Properties

Landlords must approve a tenant’s written request to install an EV charging station in their designated parking space. This requirement takes effect at different times based on the number of units a landlord owns, according to the following schedule:

All modifications and improvements must comply with federal, state, and local laws and all applicable zoning and land use requirements, covenants, conditions, and restrictions. The EV charging station installer is responsible for the cost of the installation, maintenance, repair, removal, or replacement of the equipment; electricity consumption; and any resulting damage to the EV charging station or surrounding area. The EV charging station must be designated as a fixture of the rental property if not removed upon the termination of the lease. Additional terms, conditions, or exclusions may apply.

(Reference Senate Bill 4, 2022)

Alternative Fuel Access Policies for Local Governments

Local governments may not adopt an ordinance, rule, or law that limits consumer access to alternative transportation fuels including biofuel, compressed natural gas, electricity, hydrogen, propane, and renewable diesel.

(Reference Senate Bill 354, 2022 and Louisiana Revised Statutes 49:3051)

Electric Vehicle (EV) Charging Station Policies for Homeowners' Associations

Homeowner associations may not prohibit or restrict the installation or use of an EV charging station in a homeowner’s designated parking space. Associations may put reasonable restrictions on EV charging stations located on property owned by associations or in common spaces. The EV charging station owner is responsible for the cost of installation and maintenance. Residents are required to comply with all local, state, and federal laws and health and safety standards. Additional requirements apply.

(Reference Assembly Bill 6165, 2022 and New York Consolidated Laws Real Property Section 343)