Can the Association be held liable for any tripping incident or similar after allowing installation of a Tesla charger on the carport at the parking space of a homeowner? The carport is community property.
Where do you live? In New Jersey, where I live, there’s a law covering EV charging stations and HOAs. The law states that unit owners have a responsibility to obtain, maintain, and provide evidence of insurance protecting the association and the other unit owners from damage as a result of the EV charging station.
Who owns the Tesla charger? I’m from California and we also have a similar law here. Civil Code 4745 states:
“The owner of an EV charging station, regardless of whether it is installed in the owner’s unit or in the common area, is required to ‘at all times, maintain a liability coverage policy. The owner that submitted the application to install the charging station shall provide the association with the corresponding certificate of insurance within 14 days of approval of the application. That owner and each successor owner shall provide the association with the certificate of insurance annually thereafter.'”
Based on your question, I’m assuming the homeowner owns the charging station. Even though it’s on association property, the homeowner still bears the responsibility for insurance. In that case, I don’t think the association should be held liable.