EV Charging in Condos Presented by Campbell Property Management and Siegfried | Rivera

Speakers: Dan Tiernan, COO at Campbell Property Management, and attorney Nicole Kurtz from Siegfried Rivera.

Rising gas prices are encouraging residents to join the EV car revolution, but, for everyone to enjoy the benefits of EVs there will be a need to have more access to EV charging stations. There are a few public EV charging stations in our area, as listed here, but an increasing number of condominium residents are seeking to have EV charging stations within their condominium communities. What does this mean for your condo association? What does the law say? Can you deny an owner’s request to install an EV Charging station?

These questions were clarified and addressed by Dan Tiernan, and attorney Nicole Kurtz.

SECTION 718.113(8) AND (9), FLORIDA STATUTES, PROVIDES, IN PART, AS FOLLOWS:

(8) The Legislature finds that the use of electric and natural gas fuel vehicles conserves and protects the state’s environmental resources, provides significant economic savings to drivers, and serves an important public interest…

(a) …A declaration of condominium or restrictive covenant may not prohibit or be enforced so as to prohibit any unit owner from installing an electric vehicle charging station or a natural gas fuel station within the boundaries of the unit owner’s limited common element or exclusively designated parking area… The installation of such charging or fuel stations is subject to the provisions of this subsection.

(b) The installation may not cause irreparable damage to the condominium property.

(c) The electricity for the electric vehicle charging station or natural gas fuel station must be separately metered or metered by an embedded meter and payable by the unit owner installing such charging or fuel station or by his or her successor.

…

(e) The unit owner who is installing an electric vehicle charging station or a natural gas fuel station is responsible for the costs of installation, operation, maintenance, and repair, including, but not limited to, hazard and liability insurance. The association may enforce payment of such costs under s. 718.116.

(f) If the unit owner or his or her successor decides there is no longer a need for the electric vehicle charging station or natural gas fuel station, such person is responsible for the cost of removal of such charging or fuel station. The association may enforce payment of such costs under s. 718.116.

(g) The unit owner installing, maintaining, or removing the electric vehicle charging station or natural gas fuel station is responsible for complying with all federal, state, or local laws and regulations applicable to such installation, maintenance, or removal.

(h) 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 or natural gas fuel station, provided that such standards may not prohibit the installation of such charging or fuel station or substantially increase the cost thereof.

3. Engage the services of a licensed and registered firm familiar with the installation or removal and core requirements of an electric vehicle charging station or a natural gas fuel 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 or natural gas fuel station within 14 days after receiving the association’s approval to install such charging or fuel station or notice to provide such a certificate.

5. Reimburse the association for the actual cost of any increased insurance premium amount attributable to the electric vehicle charging station or natural gas fuel station within 14 days after receiving the association’s insurance premium invoice.           

…

(9) The board of administration of an association may make available, install, or operate an electric vehicle charging station or a natural gas fuel station upon the common elements or association property and establish the charges or the manner of payments for the unit owners, residents, or guests who use the electric vehicle charging station or natural gas fuel station. For the purposes of this section, the installation, repair, or maintenance of an electric vehicle charging station or natural gas fuel station under this subsection does not constitute a material alteration or substantial addition to the common elements or association property.

Additionally, while condominium association boards of directors cannot prohibit someone from installing an EV charging station in their limited common element parking space, list of owner obligations within the Florida Statutes clarifies certain costs that are to be incurred by the owner performing such installation.  In some condominium buildings, electrical loads may need to be increased to support EV charging stations; as such, there is even an argument to support that the first owner to request to install a personal EV charging station in their limited common element parking space may potentially be responsible for the costs of increasing the electrical load in the building, such that it could support that charging station, in addition to other related costs.  In light of the listed owner obligations within the Florida Statutes, including the costs noted above, as well as, in some cases, owner preference for shared EV charging stations, some boards of directors have also considered installing shared EV charging stations within condominium common elements, as an amenity to all owners.

QUESTIONS:

Can my condo deny my request to install an EV charging station in my limited common element parking space? No, but the association can condition the installation in accordance with the Florida Statutes.

Is a condo required to provide chargers within the association’s common element? No, but condominium association boards of directors may make available shared EV charging stations, if properly approved.

What is the electrical cost per month for owners who choose to drive an EV? In many cases, there is average electricity cost of $30-$40 per month if using a personal charger. Of course, this amount may vary based upon the number of miles driven and the type of EV chosen. Also note: electricity is less expensive at night.

SUGGESTIONS:

Condominium association boards of directors should meet with qualified association management, counsel and engineers to discuss the protocol and plans for EV charging stations within their condominium communities; including a protocol for owner-installed EV charging stations, and a plan for how the board will address the potential future installation of common element shared EV charging stations.If installing EV charging stations is something you would like to consider doing, it may be best to ensure the selected EV charging system is simple and upgradable, because technology changes quickly.Boards of directors should work with qualified legal counsel to craft a release and indemnification agreement associated with EV charging station use.

The Brickell Homeowners Association and its members thank Bristol Tower, Campbell Property Management, and Siegfried Rivera for an engaging and informative meeting.