Are you struggling to get approval from your Homeowners’ Association (HOA) to install an Electric Vehicle (EV) charger in your assigned parking space? You’re not alone.
Many homeowners face resistance from their HOAs when it comes to installing EV chargers, despite the existence of ‘right-to-charge’ laws in some states. Such is the case for a Maryland resident who had to fight the HOA on this issue.
The ‘Right-to-Charge’ Law
In some states, there are ‘right-to-charge’ laws that allow homeowners to install EV charging equipment in their assigned parking spaces.
It is crucial to understand the law in your state and provide the relevant sections to your HOA when requesting approval for the installation.
In Maryland, there is a specific section in the Maryland Homeowners’ Association Act that pertains to electric vehicle recharging equipment.
The Maryland Homeowners’ Association Act includes a section, 11B-111.8, specifically pertaining to electric vehicle recharging equipment.
This section states that a recorded covenant, restriction, provision in a declaration, or provision in the bylaws or rules of a homeowners association is void and unenforceable if it is in conflict with this section or if it effectively prohibits or unreasonably restricts the installation or use of electric vehicle recharging equipment in a lot owner’s deeded parking space or a parking space specifically designated for use by a particular owner.
The section also outlines the responsibilities of the lot owner and the governing body of the homeowners association regarding the approval, installation, maintenance, and costs associated with electric vehicle recharging equipment.[1]
Communicating with Your HOA
Effective communication with your HOA is crucial for getting approval for the installation of your EV charger.
Here are some steps and tips to help you communicate effectively with your HOA:
Understand Your HOA’s Rules & Regulations
Before you approach your HOA, make sure you are familiar with your HOA’s rules and regulations.
These rules are usually outlined in the HOA’s governing documents, such as the bylaws, covenants, conditions, and restrictions (CC&Rs), and any other rules and regulations that the HOA may have.
Understanding these rules will help you make a stronger case for your request.
Prepare a Well-Documented Request
When seeking approval from your HOA, it is essential to submit a formal request in writing. Your request should include as much information as possible, such as:
A detailed explanation of why you want to install an EV charger in your assigned parking space.
The specifications of the EV charger you plan to install. A plan outlining how the installation will be done, including any necessary modifications to the common areas.
An explanation of how the installation will comply with the HOA’s architectural standards and any relevant building codes and safety standards.
Any other information that may be required by your HOA or that you think will support your request.
Address Concerns Proactively
Anticipate any concerns your HOA may have and address them proactively in your request.
For example, your HOA may be concerned about the cost of electricity associated with the EV charger.
In your request, you can offer to pay for the electricity usage associated with your EV charger or propose a way to measure your electricity usage separately.
Consult a Lawyer
It may be helpful to consult a lawyer who can help you understand the legalities involved and write a letter to your HOA on your behalf, outlining the legalities and your rights as a homeowner.
Follow Up
After you submit your request, make sure to follow up with your HOA regularly to check on the status of your request. If your HOA denies your request, ask for a written explanation of the denial.
If the denial does not align with your state’s ‘right-to-charge’ laws or the HOA’s rules and regulations, you may need to take legal action.
Maintain a positive and respectful relationship with your HOA and its members.
Approach the situation with a problem-solving mindset and be willing to work with your HOA to find a solution that works for everyone.
Considering the Costs
Before engaging in a legal battle with your HOA, however, consider the costs associated with installing an EV charger.
The installation may require sidewalk work to preserve ADA compliance, running wires across sidewalks, and installing a secondary meter/bill. It is advisable to get multiple quotes from contractors to understand the full cost of the installation.
Fighting your HOA for the right to install an EV charger in your assigned parking space can be challenging.
However, understanding your state’s ‘right-to-charge’ laws, communicating effectively with your HOA, and considering the associated costs can help you through this process successfully.
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Sources
- reddit.com/r/legaladvice/comments/tje6zr/hoa_refuses_to_allow_me_to_install_ev_charger_in/
- casetext.com/statute/code-of-maryland/article-real-property/title-11b-maryland-homeowners-association-act/section-11b-1118-electric-vehicle-recharging-equipment
This article was produced and syndicated by Viral Chatter.
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Martha A. Lavallie
Martha is a journalist with close to a decade of experience in uncovering and reporting on the most compelling stories of our time. Passionate about staying ahead of the curve, she specializes in shedding light on trending topics and captivating global narratives. Her insightful articles have garnered acclaim, making her a trusted voice in today's dynamic media landscape.
