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Committee reviews bill to bar HOAs from blocking in‑unit EV chargers
Summary
Legislative counsel presented draft language to prohibit homeowners associations and governing documents from prohibiting or unreasonably restricting unit owners from installing and using electric vehicle charging equipment in their units, limited common elements, or exclusive parking spaces; the committee asked for HOA and attorney testimony and further edits on scope and retroactivity.
Cameron Wood of the Office of Legislative Council presented a draft amendment Monday that would prevent common interest community governing documents and deed restrictions from prohibiting or unreasonably restricting unit owners from installing and using electric vehicle supply equipment within their unit, any limited common element reserved for them (such as a garage), or their exclusively designated parking space. "Any covenant, restriction, or condition … that effectively prohibits or unreasonably restricts the installation or use of an electric vehicle supply equipment within the boundaries of a unit owner’s unit … is void and unenforceable," Wood said.
The draft narrows scope to residential common interest communities that contain 12 or more units, a threshold Wood said matches existing statutory retroactivity rules under the Uniform Common Interest Ownership Act. It defines electrical vehicle supply equipment, "owner," and adopts a reasonableness standard for restrictions—restrictions are allowed if they do not "significantly increase the cost" of the equipment or substantially decrease its efficiency. The association may require compliance with applicable building and safety codes and with reasonable architectural standards, provided those standards cannot prevent installation or substantially increase costs, the draft says.
The proposal would require installation by a licensed electrician, permit associations to invoice unit owners for any attributable insurance premium increases, and make owners responsible for the installation, maintenance, repair and removal costs (and for disclosing chargers to future buyers). It also sets an application review process similar to architectural modification rules and creates a 60‑day presumed‑approval deadline unless the association reasonably requests additional information.
Committee members pressed staff on several implementation details: whether the 12‑unit threshold should be lowered to capture small condominium associations, where affected communities are located and whether a public map exists, how to handle installations in unmetered shared electrical systems, and whether indemnity language or an express indemnification requirement should be added to address HOA liability concerns. Wood said he had not yet circulated the draft to HOA groups and recommended the committee invite an HOA representative and an attorney with common‑interest community experience for testimony.
The committee instructed staff to revise the draft in light of the questions raised and to schedule external testimony. No formal action was taken at the hearing.
The committee plans to reconvene the item with testimony from an HOA representative and a subject‑matter attorney before deciding whether to insert the language into the T bill or a future vehicle‑electrification package.
