The Argument Against Adding EV Charging Stations in Your Condo/HOA
HOAleader.com - Tip of the Week - November 17, 2023
In this week’s tip, we assess the wisdom of the contrarian position one of our experts has taken.
Brad van Rooyen is advising his clients to
hold off on installing electric vehicle charging stations for community use.
To be clear: the founder and senior member of Tampa, Fla.-based HomeRiver Group and its national specialist for community association management, which oversee more than 230 associations throughout Florida, is referring to EV charging
stations for an entire community. He’s not suggesting that boards deny owners’ requests for their personal EV charging station on their own property.
In fact, in some states, it would violate the law for boards to deny installation of individual stations on owners’ property. “In California, we have a statute
directly on point about this,” notes Stephen T. Brindle, a San Francisco-based senior associate at Swedelson & Gottlieb, a law firm that represents associations throughout California. “Essentially, any covenant or restrictions in any governing document that prohibits or unreasonably restricts owners’ ability to install an EV charging station is void and against public policy.
“Boards can impose reasonable restrictions on their installation,” he adds. “This means they can’t restrict something that doesn’t significantly increase cost for the association. But the statute talks about what sort of conditions the board can impose on owners, such as getting approval in advance, agreeing to be responsible for the cost of the electricity, disclosing to future buyers of the property
that they’re responsible for maintaining the EV charging station, and indemnifying the association.”
But nowhere we’re aware of are associations required to install EV charging stations for community use. And that’s what van Rooyen believes should be on hold for most condos and
HOAs.