EV Charging

California Civil Code Section 4745 establishes the right of homeowners in common interest developments to install electric vehicle charging stations in their designated parking spaces, and strictly limits an HOA's ability to prohibit or unreasonably restrict such installations. Any CC&R provision that effectively prohibits or unreasonably restricts the installation of EV charging stations is void and unenforceable. The law allows the association to impose reasonable restrictions, including requiring the owner to comply with applicable building codes and obtain necessary permits, provide a licensed electrician's certificate of compliance, maintain a homeowner liability insurance policy covering the charging station (typically naming the association as an additional insured), pay for the electricity consumed by the charging station (either through a separate meter or a reasonable fee arrangement), and be responsible for all costs of installation, maintenance, repair, removal, and restoration of the parking space. The owner is responsible for any damage caused by the installation or use of the charging station. For condominiums and other multi-unit buildings, the practical challenge is often electrical capacity — older buildings may not have sufficient electrical infrastructure to support multiple Level 2 or Level 3 chargers. The association cannot refuse an installation solely on this basis, but it may require the owner to fund any necessary electrical upgrades. California has also enacted AB 970, which further strengthened EV charging rights by limiting associations' ability to impose conditions beyond those specified in Civil Code Section 4745. Board members should establish a clear EV charging station policy that outlines the application process, insurance requirements, electrical load management, and cost allocation to streamline approvals and ensure consistent treatment of all requests.