Question:
HOA ACC rejected my application for EV level 2 charger installation outside with following comment:
“Installation of 120 / 240 volt charging stations with receptacles and cables shall be installed in the garage only. Installation outside a garage is strictly prohibited. Keeping the charging station in the garage prevents the cables from being strewn haphazardly outside.”
Please advise if HOA can restrict installation of certified EV charger on my legally owned property (garage outside wall in my case).
This is Emporia smart home EV charger rated for outside use as long as its hardwired to the panel.
I can’t find any information how to resolve this problem. I live in Florida, Orange County.
Thanks in advance
– Dmitrij
Answer:
Hi Dmitrij,
Section 718.113(8) of the Florida Statutes prohibits condominiums from banning unit owners from installing EV charging stations within the boundaries of their limited common element parking space. However, this does come with a few requirements under subsection (f).
(f) The association may require the unit owner to:
1. Comply with bona fide safety requirements, consistent with applicable building codes or recognized safety standards, for the protection of persons and property.
2. Comply with reasonable architectural standards adopted by the association that govern the dimensions, placement, or external appearance of the electric vehicle charging station, provided that such standards may not prohibit the installation of such charging station or substantially increase the cost thereof.
3. Engage the services of a licensed and registered electrical contractor or engineer familiar with the installation and core requirements of an electric vehicle charging station.
4. Provide a certificate of insurance naming the association as an additional insured on the owner’s insurance policy for any claim related to the installation, maintenance, or use of the electric vehicle charging station within 14 days after receiving the association’s approval to install such charging station.
5. Reimburse the association for the actual cost of any increased insurance premium amount attributable to the electric vehicle charging station within 14 days after receiving the association’s insurance premium invoice.
If the association requires the above provisions, then the owner must comply. Otherwise, the association can disapprove of the request to install the station.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
