Would provide that any provision of the governing documents that effectively prohibits or restricts the installation or use of an electric vehicle charging station within an owner’s unit, or an EV-dedicated TOU meter, is void and unenforceable.
Current Status: Pending
FindHOALaw Quick Summary:
Existing law provides that any provision of the governing documents that effectively prohibits or restricts the installation or use of an electric vehicle (“EV”) charging station in an owner’s designated parking space is void and unenforceable. The association may impose reasonable restrictions on those stations, including approval requirements. If the station is to be placed in the common area or exclusive use common area, the homeowner is responsible for the costs associated with maintaining and repairing the station, as well as costs for damage to the common area and adjacent units as a result of the installation and maintenance of the station. This bill would amend Civil Code Section 4745 to allow a homeowner to install an EV charging station within the owner’s unit or in a designated parking space.
This bill would also add Civil Code Section 4745.1, which would provide that any provision of the governing documents that effectively prohibits or unreasonably restricts the installation or use of an EV-dedicated time of use (“TOU”) meter is void and unenforceable. An association may impose reasonable restrictions, “[h]owever, it is the policy of the state to promote, encourage, and remove obstacles to the effective installation of EV-dedicated TOU meters.” An association that violates this section is liable for actual damages, and is subject to a civil penalty of up to one thousand dollars ($1,000.00). The prevailing party shall be awarded reasonable attorney’s fees.
To read the current text of SB 1016, click here to the view the bill’s page on the California Legislature’s website. FindHOALaw will continue to track SB 1016 as it progresses through the Legislature.
from the California Legislature's website
- Government Code Section 65850.7. Electric Vehicle Charging Stations; Local Ordinances.
- AB 1236 (Chiu). Local Ordinances: Electric Vehicle Charging Stations.
- Civil Code Section 4600. Grant of Exclusive Use of Common Area.
- Civil Code Section 4150. “Governing Documents” Defined.
- Civil Code Section 4145. “Exclusive Use Common Area” Defined.
- Civil Code Section 4095. “Common Area” Defined.