California EV Charging HOA Laws

Hi Stephanie,

According to the Davis-Stirling Common Interest Development Act Sections 4745 and 4745.1, these provisions apply to the installation of EV charging stations on personal homeowner property:

1. Restrictions, covenants, and conditions in contracts, deeds, and governing documents that either effectively prohibit or unreasonably restrict the installation or use of an EV-dedicated TOU meter or are in conflict with this section are void and unenforceable. Likewise, restrictions, covenants, and conditions in contracts, deeds, and governing documents that either prohibit or unreasonably restrict the installation or use of an EV 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 owner’s exclusive use common area, or a parking space that is specifically designated for use by a particular owner, or is in conflict with this section are void and unenforceable.
2. There can be reasonable restrictions for EV-dedicated TOU meters based on space, aesthetics, structural integrity, and equal access to these services for all homeowners, but an association shall attempt to find a reasonable way to accommodate the installation request unless the association would need to incur an expense.
3. There can be reasonable restrictions for EV charging stations, and these restrictions could be those that do not significantly increase the cost of the station or significantly decrease its efficiency or specified performance.
4. An EV-dedicated TOU meter or EV charging station shall meet applicable health and safety standards and requirements imposed by state and local authorities, and all other applicable zoning, land use, or other ordinances, or land use permits.
5. If an association requires approval for EV-dedicated TOU meter or EV charging station installations, the application process should be the same as regular processes for architectural modifications. They cannot be willfully avoided or delayed, and approval/denial must be in writing. If the application isn’t denied within 60 days from the date of receipt, it shall be deemed approved, unless that delay is the result of a reasonable request for additional information.
6. An association that willfully violates this section shall be liable to the applicant or other party for actual damages and shall pay a civil penalty to the applicant or other party in an amount not to exceed one thousand dollars ($1,000).

In these cases, homeowners typically shoulder the cost of installation, maintenance, repairs, and insurance. Here are some resources that may help:

https://www.hoamanagement.com/hoa-electric-car-charging-policy/

https://www.cedarmanagementgroup.com/hoa-electric-vehicle-charging/

For further guidance, kindly consult a lawyer.