What’s New With Electric Charging Stations in HOAs?

Check out the E-Newsletter Archives at www.californiacondoguru.com for last year’s bill on what associations have to do about electric charging stations and what owners have to do. The idea of the new law is to encourage associations to find a way to allow them, if owners ask, but to allocate all of the costs to the owner who wants it  including maintenance, replacement, electricity, insurance coverage, removal, restoration of the area, etc. The initial reaction of many associations is to cringe, as there are a bunch of possible issues. But check out the newsletter and then read below. The initial law was flawed but it was pushed through by legislators anxious to promote “green” solutions.  So right off the bat in 2012 it had to be fixed. And it was improved through urgency legislation recently signed by the Governor.

So what is new? [Here are the basics but get good legal advice to act on them as the law is somewhat complicated.]

Associations  can’t prohibit them in owner’s deeded or assigned parking spaces or exclusive use common areas, but can have reasonable restrictions.  [However, there are many responsibilities that the owner must agree to in writing, see the newsletter.]

Associations can give an owner exclusive use of a space for a charging station if runnning the electricity to the deeded or assigned parking space would be prohibitively expensive. [Also new – if this occurs the owner has to sign a license agreement setting forth the obligations of the owner and the association does not have to get approval of members to do this.]

Associations can set up charging stations in the common area and define terms for use.

Associations can create new parking spaces to set up electric charging stations.

Here are a couple of things to consider:

One important aspect is to explore power options. Too many stations on the common lines could create problems or the need to upgrade the systems. The solution may be to require power management systems to be installed allowing for alternating current. Contact Mario at Evercharge www.evercharge.net for more on this.

Boards can get ahead of the curve by exploring the possibilities before owners come asking, and developing  standards, policies, applications and agreements like license agreements before they actually need them because once an owner makes a request, the board must respond within 60 days either denying the application (and be very careful here as the legislation is intended to promote them), or request additional information.

Education is power! Pre-request investigation is just plain smart.



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