Legislation regarding the installation of electric vehicle(EV) charging stations at community associations, known as Connecticut General Statutes Section 47-261g, became effective on October 1, 2022. This legislation prevents associations from imposing unreasonable restrictions on the installation of EV charging stations.
However, the law allows associations to impose reasonable restrictions on the installation of EV charging stations in a unit parking space or limited common element parking space that do not significantly increase the cost of the EV charging station or significantly decrease its efficiency or specified performance.
The law provides that a unit owner may submit an application to the executive board to install an EV charging station in a unit parking space, or in a limited common element parking space. The board must then approve or deny the application using the same procedures set forth in its documents for approving or denying additions, alterations or improvements.
The law has specific time frames that must be adhered to: the executive board must acknowledge, in writing, the receipt of the application within 30 days after it is received. The approval or denial of such application shall be in writing and shall be issued not later than 60 days after the date of receipt of such application. If an application is not denied in writing within such 60-day period, the application shall be deemed approved, unless the executive board reasonably requests additional information not later than 60 days from the date of receipt of such application.
If the board approves the installation of the EV charging station in writing, the unit owner must then agree in writing to the following:
- Comply with the provisions of the declaration or bylaws regarding an addition, alteration or improvement;
- engage a licensed and insured contractor to install the EV charging station;
- provide a certificate of insurance, within fourteen days of approval, that demonstrates insurance coverage in amounts deemed sufficient by the board of directors;
- pay for the costs associated with the installation of the EV charging station, including, but not limited to, increased master policy premiums, attorney’s fees incurred by the association, engineering fees, professional fees, permits and applicable zoning compliance; and
- pay the electricity usage costs associated with the EV charging station.
In addition, the law provides that the unit owner, and each successive owner, of the EV charging station shall be responsible for:
- The costs for damage to the EV vehicle charging station, common elements or units resulting from the installation, use, maintenance, repair, removal or replacement of the EV charging station;
- the costs for the maintenance, repair and replacement of the EV charging station until it has been removed;
- the costs for the restoration of the physical space where the EV charging station was installed after it is removed;
- the costs of electricity associated with the EV charging station;
- the common expenses as a result of uninsured losses loss associated with the EV charging station;
- making disclosures to prospective buyers regarding (i) the existence of the EV charging station, (ii) the associated responsibilities of the unit owner under this section, and (iii) the requirement that the purchaser accepts the EV charging station unless it is removed prior to the transfer of the unit. (By the way, if the prospective buyer refuses to take ownership of the EV charging station, the law permits the association to require the unit owner to remove the charging station prior to the sale).
As an alternative to addressing requests to install EV charging stations on a case-by case basis according to the mandates of the legislation, the law provides that Associations that adopt reasonable rules regarding EV charging stations or install EV charging stations at a ratio that is equal to or greater than fifteen per cent of the number of units are exempt from the legislation.
If your association wants to be exempt from this law, now may be a good time to investigate installing EV charging stations at a ratio that is equal to or greater than fifteen per cent of the number of units as there are significant tax credits offered by the state and incentives offered by electric companies. The EV charging stations could then be touted as an amenity to enhance marketability and resale values. Alternatively, if your association wants to adopt reasonable rules regarding EV charging stations in order to be exempt from the law, please contact our office so that we can work together to develop rules of EV charging stations that are appropriate for the particular physical configuration of your community.