Electric Charging Stations and Common Interest Communities
Each and every day more and more electric cars are seen on the highways and roads in Colorado. No different than stopping at a local gas station, electric vehicles also have to “refuel” and because there is not an abundance of commercial electric charging stations available, many homeowners are installing their own personal electric charging station at their home. However, what happens when that owner lives in a condominium community and the parking space being utilized is a limited common element that is owned by the association?
Section 106.8 of the Colorado Common Interest Ownership Act governs electric charging stations in a common interest community and requires that an owner be required to install a Level 1 or Level 2 EV Charging System on or in a Unit or in the Limited Common Element parking area assigned to the Owner’s Unit. However, an association is permitted to enact and enforce reasonable aesthetic provisions regarding placement, dimensions, and the exterior appearance of the electric charging system. Additionally, an association may require:
Engage the services of a duly license and registered electrical contractor familiar with the installation and code requirements of an electric vehicle charging system;
Bear the expense of installation, including the cost of installing a separate meter if applicable, and any costs to restore any Common Elements disturbed in the process of installing the system; and
Provide, within 14 days of the Owner receiving the Association’s consent for the installation, a certificate of insurance naming the Association as an additional insured on the Association’s insurance policy for any claim related to the installation, maintenance, or use of the system or, if the system is located on a Common Element, reimbursement to the Association for the actual cost of any increased insurance premium amount attributable to the EV Charging System. Reimbursement for the increased insurance premium amount, if applicable, must be provided within 14 days of the Owner’s receipt of the Association’s invoice for the amount attributable to the system.
An association can alleviate the burden of a homeowner’s request to install an electric charging station by adopting a uniform policy that governs how a board of directors will review the request and any terms or conditions that will be placed on approval of any such request.