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.

Which states have statutes prescribing EV charging in community associations? 🔌

• California: Civil Code § 4745

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

• Connecticut: 47-261g

• Florida: Condominiums: 718.113(8)

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

• Maryland: § 11-111.4 and  § 11B-111.8 | N.B. 2024 HB159 would update the existing statute

• New Jersey: HOAs: § 45:22A-48.4

• New York: Condominiums: 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 and ORS 94.762

• Utah: 57-8-8.2 and 57-8a-802

• Virginia: HOAs: § 55.1-1823.1

• Washington: Four community association statutes (see below)

• Ontario, Canada + Ontario EV Charging Developments in 2024

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

Do electric micromobility devices, 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?  Products that are UL-listed have a reasonable safety record.  Others do not.   Read this NFPA tip sheet. 

• VIEW: proposed electronic device legislation

• READ: NYCHA's proposed electronic micromobility rules and view the Electric Micromobility Action Plan's engaging graphic (page 34).

• READ: Study: Hybrids, ICE Cars Far More Likely Than EVs To Catch Fire | No, Millions of Cars Are Not Catching Fire Every Year

Grants and Incentives 💰

Many states have programs to incentivize EV adoption.  The Department of Energy's Alternative Fuels Data Center website and other resources below can help you identify opportunities for savings.