If the charging station is to be placed in the common area or exclusive use common area, the owner is required to obtain approval from the association and agree in writing to do all of the following:
Comply with the association’s architectural stan- dards for the installation of the charging station.
Section 4745 provides that any provision of the governing documents that either: (1) effectively prohibits or (2) unreasonably restricts the installation or use of an electrical vehicle charging station within an owner’s unit or in a designated parking space, including, but not limited to, a deeded parking space, a parking space in an owners’ exclusives use common area, or a parking space that is specifically designated for use by a particular owner is void and unenforceable.
Te governing documents may, however, include provisions that impose reasonable restrictions on electric vehicle charging stations. Te law defines ‘reasonable restrictions’ as ‘restrictions that do not significantly increase the cost of the station or significantly decrease its efficiency or specified performance.” (Civ. Code §4745(b)(2) (Emphasis added.))
Te term ‘electric vehicle charging station’ is defined as:
[A] station that is designed in compliance with the California Building Standards Code and delivers electricity from a source outside an electric vehicle into one or more electric vehicles. An electric vehicle charging station may include several charge points si- multaneously connecting several electric vehicles to the station and any related equipment needed to fa- cilitate charging plug-in electric vehicles. (Civ. Code §4745(d))
If approval is required for the installation or use of an electric vehicle charging station, the application for approval shall be processed and approved in the same manner as an application for an architectural modification to the property.
Any
application which is not denied in writing within 60 days from receipt, shall automatically be deemed approved, unless the delay is the result of a reasonable request for additional information.
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Engage a licensed contractor to install the charging station.
Within 14 days of approval, provide a certificate of insurance that names the association as an addi- tional insured under the owner’s insurance policy.2
Pay for both the costs associated with the installa- tion of, and the electricity usage associated with, the charging station.
Te owner (and each successive owner) of the charging station shall be responsible for all of the following:
Te cost for damage to the charging station itself or damage caused by the installation, maintenance, repair, removal or replacement of the station.
Te cost to maintain, repair and replace the station until it is removed and restoration of any common area after removal.
Te cost of the electricity associated with the charg- ing station.
Disclosure to prospective buyers as to the existence of, and related responsibilities concerning, the charging station.
In addition, an owner may install an exclusive use charging station in the common area only if the installation in the owner’s designated parking space is impossible or unreasonably expensive. If the installation is in the common area, the association is required to enter into a license agreement with the owner for the use of the space in the common area. Te law provides that the association may create a new parking space where one did not previously exist to facilitate the installation of an electric vehicle charging station. (See 4745(g) and (h).)
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