Installing an EV charging station in an HOA neighborhood is not always permitted. Homeowners should check their HOA’s policies to know the application process. On the other hand, HOAs without an existing EV charging policy should quickly come up with one to prevent miscommunication and disputes.
The Rise of EV Charging Stations in HOA Communities
Electric vehicles are gaining more and more popularity as the years go by. This reflects an overall commitment to sustainability. Many cities, properties, and neighborhoods are following suit by making EV charging more accessible to users.
Homeowners associations can benefit greatly from an HOA EV charging station. Allowing these stations or installing them in common areas can present a greener image. This, in turn, can attract potential homeowners, as newer generations tend to be more concerned about sustainability.
Additionally, an HOA can acquire a Leadership in Energy and Environment Design (LEED) accreditation. This helps boost the community’s reputation and shows the association’s dedication to greener efforts.
It is also worth noting that states are continuing to introduce new laws that support electric vehicles. California, for instance, already implemented a law that prevents HOAs from prohibiting or unreasonably restricting the installation of EV charging stations (Civil Code Section 4745).
If HOA communities wish to get ahead and be prepared for such laws, it is crucial to develop an EV charging policy right now.
Can the Board Prohibit an HOA Electric Car Charging Station?
Whether an HOA can prohibit EV chargers depends on state laws and the association’s governing documents. As previously mentioned, California law does not allow HOAs to ban or unreasonably restrict EV charging installations. That said, not all states have such laws.
If state laws are silent, board members and homeowners should turn to their governing documents. The CC&Rs and bylaws, in particular, should outline any restrictions surrounding EV charging stations.
Of course, if no such restrictions exist in the CC&Rs and bylaws, homeowners should not assume automatic approval. Most HOAs, including the ones in Texas, have the authority to regulate architectural modifications. Electric vehicle charging stations would likely fall under that scope, even if they are not explicitly addressed.
Homeowners should still go through the proper ARC request process for exterior changes. HOA boards should consider amending their governing documents to include a more detailed EV charging policy.
HOA EV Charging Station Policies
The main issue with HOA EV chargers concerns ownership and management. Who owns the charging station, and who will manage it? In addition, who will shoulder the related costs? When developing an HOA electric car charging policy, it is important to consider the following ownership models.
HOA Ownership and Management
In this scenario, the HOA installs and manages the EV charging station. That means the HOA is in charge of the chargers’ operations, which usually sit on HOA property. Residents will simply pay the HOA to use the EV chargers, and the HOA is responsible for tracking energy usage and managing billing.
HOA Ownership and EVSP Management
In this scenario, the HOA owns and installs the charger, but an electric vehicle service provider (EVSP) manages its operation. Users will pay a flat monthly fee to use the charger in an unlimited capacity. They will then pay for the electricity used, settle the costs through a subscription service, or receive bills from the management company.
EVSP Ownership and Management
In this scenario, an EVSP both owns and manages the charging station. The EVSP installs the chargers and operates them for the HOA in exchange for a monthly fee.
Users will pay a flat fee every month to use the charger in an unlimited capacity. They will then pay for the electricity used, settle the costs through a subscription service, or receive bills from the management company.
Homeowner Ownership and Management
In this scenario, the homeowner both owns and manages the EV charging station. The homeowner will install the charger at their garage or parking space and will handle all costs.
HOA Electric Vehicle Charging in Texas
As of writing, Texas does not have specific right-to-charge laws that prevent HOAs from prohibiting EV charging stations. This means that HOAs in this state may have the authority to restrict or deny the installation of these chargers in their communities. It ultimately depends on the governing documents of the association.
That said, as the number of electric vehicles continues to grow and more states pass EV charging laws, it’s best for HOAs to proactively develop policies that address the installation and use of these chargers. In doing so, HOAs can accommodate residents’ needs early on.
When considering the installation of EV charging stations, HOAs should consider the following factors:
- Infrastructure Capacity. The HOA should assess whether the existing electrical infrastructure can support additional load from EV chargers.
- Installation Costs. It is important to determine who will bear the costs associated with installation and maintenance.
- Aesthetic and Safety Standards. The HOA should establish guidelines to maintain community aesthetics and ensure safety during installation and use.
Additionally, the Texas Department of Licensing and Regulation (TDLR) oversees the regulatory framework for EV charging stations. This includes equipment inspection, provider registration, and adherence to national standards. Homeowners associations must ensure that any installations comply with these regulations.
What is the Cost of Installing an EV Charging Station in an HOA?
Electric vehicles need to charge on a regular basis, and there are two basic charging options: Level 1 and Level 2.
- Level 1. This charging level only needs a standard 120-volt three-pronged wall outlet. All PEVs come with a charging cord that can accommodate Level 1 charging.
- Level 2. This charging level requires a 208/240-volt power supply, which is also required by large household appliances. To accommodate this level, a professionally installed charging station is necessary.
Installing Level 2 charging equipment typically costs more than its Level 1 counterpart, but Level 2 charging tends to be faster and offers more features. Apart from equipment costs, HOAs must also consider installation and wiring expenses.
These costs can vary depending on location, on-site electrical capacity, and transformer or service capacity in the neighborhood. Some projects will require additional upgrades, such as trenching and new meters, which can inflate the cost.
It is essential to consult a contractor to know exactly how much an EV charging station in an HOA will cost.
A Policy in Place
Having or allowing the installation of an EV charging station in HOA communities certainly comes with benefits. That said, board members should develop and implement policies to control these chargers’ use, appearance, and cost-sharing systems.
Graham Management provides exceptional and reliable HOA management services to Houston communities. Call us today at (713) 334-8000, request a proposal, or contact us online to learn more!
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