ELECTRIC VEHICLES (EV)

Accommodating electric vehicle (EV) charging in the condominium setting often  requires a considerable investment of time and fiscal resources.  While costs related to installing and using EV charging stations are almost always the responsibility of unit owners, there's a significant amount of work required to understand owner interest, measure the power supply, make available power usable in the right location(s), draft contractual language and (possibly) update governing documents. 

If your association is considering infrastructure updates to meet the needs of EV charging, remember that the addition of power and infrastructure are capital improvements.  Many states' statutes prohibit CICs from expending reserve funds for capital improvements and/or allow reserve loans requiring time-limited repayment.  Your declaration may also impose restrictions requiring that Members (owners) approve capital improvements over a certain threshold.

Do electric vehicles and EV chargers create a greater risk of fire?🔥

The National Fire Protection Association (NFPA) says the risks are different than ICE cars.  CWS says no.  CleanTechnica says no.  Some companies have designed equipment to isolate car fires.  You can sign up for free access to NFPA documentation.  

N.B.  NFPA standards can be adopted in whole, part or not at all by each state and municipality.  NFPA standards are not required unless adopted into code!

Are you concerned about e-bikes and scooters?  See this NFPA tip sheet.  Products that are UL-listed have a reasonable safety record.  Others do not.

January 2022: Study: Hybrids, ICE Cars Far More Likely Than EVs To Catch Fire 

June 2022: No, Millions of Cars Are Not Catching Fire Every Year

Which states have statutes prohibiting restrictions related to EV charging? 🔌 

• California: Civil Code § 4745

• Colorado: CRS 38-33.3-106.8 (updated by HB23-1233) and CRS 38-12-601 (landlord-tenant provisions)

• Florida: 718.113(8)

• Hawaii: HRS 196-7.5 (read this from Hawaiian Electric)

• New York: RPP Chapter 50, Article 9-B, Section 339-LL (see this article from 2022)

• North Dakota: NDCC 47-04.1-16 (read the story about how HB1310 became Law in 2023)

• Oregon: ORS 100.627

• Washington: Four community association statutes (see below)

N.B.  This is not an exhaustive list.  Have additional examples?  Please send them our way!