Key Takeaways

- California law guarantees homeowners the right to install EV chargers in HOA communities, with some reasonable restrictions.
- HOAs can require an architectural review process and safety compliance, but cannot prohibit installation outright.
- Usage fees may be charged for shared community EV charging stations, but these fees must be reasonable.
- Homeowners must ensure electrical capacity and may need to upgrade their electrical panels for Level 2 chargers.
- Liability insurance and clear maintenance agreements may be required for long-term upkeep of the EV charger.

Electric vehicles (EVs) are gaining popularity, with many California residents making the switch to electric cars. As a result, the demand for electric vehicle (EV) charging stations has surged, especially in HOA communities. However, homeowners often find themselves wondering if their HOA will stop them from installing an EV charger. In California, some laws protect homeowners' rights to install EV chargers, but some rules govern how and where they can be installed. At LS Carlson Law, we specialize in helping homeowners navigate these legal complexities and ensuring their rights are upheld.

Can my HOA stop me from installing an EV charger?

Under California Civil Code Section 4745, homeowners have the right to install an EV charger at their own cost in common-interest developments, which include most HOA communities. However, this right is subject to certain conditions, and HOAs can impose reasonable restrictions on installation. These rules are typically focused on safety, aesthetic concerns, and maintaining the overall structural integrity of the property.

Key Limitations on HOAs’ Power to Restrict EV Charging

1. Reasonable Restrictions: While HOAs cannot outright prevent EV charger installations, they can require homeowners to meet certain safety standards and follow the installation process outlined in the HOA’s rules and regulations.
2. Approval Process: Homeowners may be required to submit an architectural review request or work with an electric vehicle service provider (EVSP) to ensure the installation complies with community standards. This often includes using a qualified electrician and ensuring the electrical capacity is sufficient to handle the new load.
3. Shared Common Areas: If the charging station is to be installed in a common area or shared space, the HOA may require the installation to go through a more rigorous approval process. For example, charging stations installed in parking garages or outdoor spaces may require adherence to fire safety standards and insurance coverage requirements.  
4. Costs and Usage Fees: HOAs may charge a usage fee for shared EV charging stations to cover electricity costs or maintenance. These fees must be reasonable and in line with the cost of providing the service.

Key Rights and Protections Under California Law

California’s Right to Charge Law is designed to protect homeowners in HOA communities and ensure that they can charge their electric vehicles without unnecessary restrictions. This law covers several key points:  

- Right to Install: Homeowners have the right to install a private electric vehicle charging station within their assigned parking space or common area, provided they comply with the HOA’s EV charging policy and meet the necessary safety and installation standards.
- No Discriminatory Restrictions: HOAs cannot impose discriminatory rules that prevent or limit the installation of EV chargers based solely on the type of vehicle or the owner’s choice of charging equipment.
- Electrical Infrastructure: Homeowners may be required to work with a licensed electrical contractor to ensure that the electrical panel and infrastructure are capable of handling the additional load from the EV charger. This includes ensuring that the power distribution and electricity service meters are adequate.

What Does the HOA Need to Do?

While HOAs cannot prohibit the installation of EV chargers, they can establish EV charging policies that set guidelines for installation. These policies typically cover:

1. Installation Process: Homeowners may need to submit a request to the HOA for approval before installing an EV charger, following the architectural review process outlined in the HOA’s governing documents.
2. Safety and Compliance: The HOA can require that the installation follow safety standards to prevent risks such as electrical fires, which may involve working with a licensed electrician and adhering to fire safety codes.
3. Designated Spaces and Equipment: If the charging station is in a shared parking structure or common area, the HOA may require that homeowners install a Level 2 charger and use specific connectors, like the J1772 connector or NEMA connectors, to ensure compatibility and safety.

Can the HOA Charge Fees for EV Charging?

In some cases, if the HOA provides community EV charging stations, they may charge homeowners a reservation system fee or usage fee. This fee is typically meant to cover the cost of electricity usage, as well as maintenance and operational costs associated with running the charging stations. The HOA cannot impose excessive fees, and the fee structure should be clearly outlined in the HOA’s Charging Station Policies.

Addressing Potential HOA Objections

If your HOA is trying to restrict your ability to install an EV charger, there are several ways to address the situation:

1. Review the Governing Documents: The first step is to check the HOA’s rules and regulations, as well as the Governing Documents, to ensure that any restrictions are clearly stated. California law is generally favorable to homeowners’ rights to install EV chargers, so make sure the HOA’s rules align with state law.
2. Consult with a Lawyer: If the HOA is not following the legal framework or is imposing unreasonable restrictions, you can consult with a lawyer who specializes in HOA law. They can help you understand your rights and take legal action if necessary.
3. Submit an Appeal: If your request for installation is denied, you may have the option to submit an appeal or engage in an internal dispute resolution (IDR) process with the HOA. This can be an effective way to resolve conflicts without resorting to legal action.
4. Work with the HOA: In some cases, the HOA may be open to compromise. You could work with the HOA to address any concerns they have, such as safety issues or aesthetic concerns, by agreeing to install a charger that meets specific standards or to use an electrician approved by the HOA.

Other Considerations for EV Charging Installations

In addition to the legal and policy considerations, there are other factors to keep in mind when installing an EV charger:

- Electrical Capacity: Installing a charger may require upgrading the electrical panel to ensure the system can handle the load from the charger, especially if you have a Level 2 charger. This may involve working with a qualified electrician to assess your home’s electrical capacity.
- Insurance Coverage: Many HOAs will require that homeowners obtain liability insurance coverage for their EV charging station installation. This is to protect both the homeowner and the HOA in case of damage or accidents caused by the charger.
- Long-Term Maintenance: Homeowners may be responsible for the maintenance, repair, and replacement of the charging station over time. It’s important to establish a service agreement or maintenance plan with the electrician to ensure the charger remains in good working order.

Ensure Your Right to Charge with LS Carlson Law

If your HOA is restricting your ability to install an EV charger or you face unreasonable fees, LS Carlson Law can help protect your rights. We specialize in HOA law, providing clear guidance and legal representation to homeowners navigating complex regulations. Contact us today to ensure your rights are upheld and that your EV charging installation process is smooth and compliant with all applicable laws.