OVERVIEW
As electric vehicles (EVs) surge in popularity, many homeowners in California are finding themselves at the intersection of technological advancement and traditional homeowners association (HOA) regulations. While EVs represent a shift toward sustainable and eco-friendly living, the infrastructure needed to support these vehicles, particularly home charging stations, has become a contentious issue in communities governed by HOAs.
This article examines the challenges faced by EV owners within HOA communities, the legal landscape surrounding EV charging infrastructure in California, and practical solutions for homeowners seeking to harmonize their needs with HOA requirements.
THE GROWING DEMAND FOR EV CHARGING INFRANSTRUCTURE
California leads the nation in EV adoption, spurred by state policies promoting zero-emission vehicles and generous incentives for EV purchases. By 2035, California aims to phase out the sale of new gasoline-powered cars entirely. This rapid adoption necessitates a robust network of charging stations, including those located at individual residences.
For many EV owners, home charging is the most convenient and cost-effective option. However, installing a charging station can be challenging, especially for those living in condominiums or planned developments where shared parking areas and HOA rules create additional hurdles.
COMMON HOA RESTRICTIONS ON EV CHARGING STATIONS
HOAs often enforce strict rules designed to maintain the aesthetic and structural integrity of their communities. Such rules can, however, sometimes impede EV owners’ efforts to install personal charging stations. Because the challenges vary between HOAs consisting of attached homes (e.g., condominiums and townhomes) and those made up of single-family homes, some of the restrictions described below may affect one type more than the other.
Common restrictions include:
- Approval Process. Almost all HOAs require homeowners to obtain prior approval for any modifications to common areas or exclusive-use common areas, which often include parking spaces.
- Insurance Requirements. Many HOAs argue that charging stations could damage shared electrical systems or increase maintenance costs for the community. One of the things that many HOAs have done to address such concerns is to mandate that homeowners secure liability insurance policies to cover potential damages related to charging station installations (and to indemnify the HOA from any related damages/liability).
- Aesthetic Guidelines. HOAs are tasked with ensuring that the community adheres to an accepted aesthetic. For example, concerns about visible wiring, equipment, or alterations to the common areas often lead to HOA pushback.
- Cost Sharing Disputes. In shared parking facilities, cost-sharing disputes often arise. In other words, determining who bears the cost of electrical upgrades often becomes a contentious issue. Even in the case of communities consisting of single-family homes—where the owners typically bear the cost of installation directly—disputes often arise where the project might impact a shared utility infrastructure or easement.
CALIFORNIA LAW PROTECTS EV CHARGING ACCESS
Recognizing the importance of EV charging infrastructure, and protect CA homeowners living within common interest developments, California enacted Civil Code section 4745 to protect the rights of homeowners while balancing the interests of HOAs. This provision of the Davis-Stirling Act prohibits HOAs from unreasonably restricting or prohibiting the installation of EV charging stations in common interest developments.
The law states that an HOA must allow homeowners to install an EV charging station in their designated parking space, or if that is excessively cost prohibitive, in the HOA’s common area. Civil Code section 4745 does, however, allow HOAs to impose reasonable restrictions on the installation of EV charging stations, including requiring owners to secure proper permits, insurance, and adhere to safety standards. HOAs have 60 days to approve or deny an EV Charging Station-related application, or it’s deemed approved (unless the HOA is waiting for an answer to a question).
PRACTICAL TIPS FOR HOMEOWNERS LIVING IN HOAs
For EV owners, navigating these challenges, understanding the law, and adopting a proactive approach is key. Homeowners should, therefore, start by educating themselves on their HOA’s governing documents (e.g., CC&Rs, Rules, etc.) and state law (such as Civil Code § 4745) related to installing EV charging stations.
Owners should also do their own due diligence before submitting their application to their HOA. For example, their application should be detailed—e.g., outlining the scope of the work—and contain electrical plans from a licensed electrician. Evidence of compliance with applicable safety standards and, where applicable, insurance requirements, is also key.
If an HOA is being unreasonable, the homeowner should consult with an attorney who has the requisite expertise and knowledge of the Davis-Stirling Act (such as the attorneys at MBK Chapman). In many cases, a well-drafted demand letter citing relevant California statutes can resolve disputes without the need for litigation.
In developments with shared parking facilities, a homeowner might wish to propose community-wide solutions, such as installing a shared EV charging station. This approach can distribute costs and benefits more equitably while addressing HOA concerns about uniformity and maintenance. If applicable, you might point out to your HOA available incentives and offsets offered by federal or state law that will make your proposal more appealing to your HOA.
RECOMMENDATIONS THAT YOU MIGHT SUGGEST TO YOUR HOA
It could be helpful for you to offer your HOA some advice on being proactive in addressing the growing demand for EV infrastructure. The following ideas could help your HOA foster some community harmony:
- Adopt Clear Policies. Your HOA should develop and communicate clear and reasonable guidelines for EV charging station installations that align with CA law.
- Provide Community Solutions. HOAs in connected housing (e.g., condos and townhomes) should consider installing EV charges in common areas to accommodate owners who can’t, for whatever reason, install personal charging stations.
- Educate Board Members. You can ensure that board members are informed about California laws protecting EV owners and the benefits of EV adoption for the community.
CONCLUDING THOUGHTS
The rise of EV requires adapting to new challenges in community living. For California homeowners and HOAs, the key lies in balancing individual rights with collective interests, guided by state laws designed to support this transition.
As EV adoption continues to grow, embracing this change can enhance property values, community appeal, and environmental responsibility. Whether you’re an EV owner or an HOA board member, staying informed and proactive is essential in this evolving landscape.