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An owner wants an EV charger in their condo garage or parking space. How should our board handle it?

By OurHOA · General information · Revised

How a condo or HOA board reviews an owner's EV charger request: what to ask for, metering, insurance, a signed agreement, and the FL, CO and TX rules.

Part of the HOA board handbook: vendors, projects and upkeep.

The short answer

In a Florida condominium or any Colorado common interest community, the board generally cannot refuse a charger in the owner's own garage or assigned space. Its job is to approve the request with the conditions the statute allows, get those conditions signed, and protect the building's shared wiring. In Texas no statute protects EV chargers, so the declaration and the architectural rules decide, and a written policy keeps every request on the same terms. Either way, the owner pays for the charger, the installation and the power. Rules vary by state and by your governing documents. This guide is general education, not legal advice, and the first agreement the board signs is worth an attorney's review.

What Florida and Colorado let the board require

Florida. Section 718.113(8) bars a condominium declaration or board from prohibiting a charger within the owner's limited common element or exclusively designated parking area. Installation may not cause irreparable damage to the condominium property. The electricity must be separately metered or run through an embedded meter and paid by the owner, and the owner pays for installation, operation, maintenance, repair and the hazard and liability insurance, plus removal later, all collectible like assessments under section 718.116. The board may require compliance with bona fide safety requirements, reasonable architectural standards on size, placement and appearance that do not prohibit the charger or substantially increase its cost, and a licensed and registered firm familiar with charger installation. It may require a certificate of insurance naming the association as an additional insured within 14 days after approval, and reimbursement of any premium increase within 14 days after the association's invoice. The owner gets an implied easement across the common elements to run power. Colorado. Section 38-33.3-106.8 bars an association from prohibiting a Level 1 or Level 2 charger, at the owner's expense and for the owner's own use, in the unit, in an assigned or deeded space, or in a space shared with other owners. The association may enforce code-based safety requirements, require registration within 30 days after installation, and set reasonable rules on dimensions, placement and appearance. For a limited common element space, carport or garage, subsection (4) says the association shall consent if the owner agrees in writing to follow its design specifications, hire a licensed and registered electrical contractor, pay for installation including restoring disturbed common elements, and provide the insurance certificate or premium reimbursement within the same 14-day windows as Florida. The charger must be UL certified or equivalent and meet Article 625 of the National Electrical Code.

Texas, and boards with no statute

Texas Property Code chapter 202 lists items an association cannot ban outright, such as solar devices and standby generators, and EV chargers are not on that list. Chapter 82, the Uniform Condominium Act, has no charging section either. So a Texas condo board decides the request under its declaration and rules. Chapter 209 does not apply to condominiums (section 209.003(d)), but for townhome and single-family associations with more than 40 lots, section 209.00505 requires a written denial by certified mail, hand delivery or electronic delivery that explains the reason and the changes needed for approval, and gives the owner 30 days to ask for a hearing before the board, which must be held within 30 days of the request. A sensible Texas policy borrows the Florida and Colorado conditions, which gives the board a fair, tested set of terms to apply to every owner.

What the application should ask for

Ask for everything at once so the board can decide in one meeting: - the space or garage, with a photo marked to show where the charger and conduit go - the charger make and model, Level 1 or Level 2, the amperage, and proof of UL or equivalent listing - where the power comes from: the owner's own unit panel or a panel or meter the association pays for - the route of any wire or conduit across common elements, and any holes through slabs, walls or fire-rated assemblies - the electrical contractor's name, license number and certificate of insurance - a copy of the building permit once it is issued, and the final inspection when it passes - the owner's insurance agent's contact, so the additional insured certificate can be requested In a concrete parking garage, require a scan of the slab before any core drilling. Cutting a post-tension cable or rebar costs far more than the charger, and the association owns the structure.

Electrical capacity and paying for the power

The easy case is a charger fed from the owner's own unit panel, with the owner's electrician confirming the panel can carry the added load. The harder case is a garage where the only nearby power is the association's house meter. Florida requires separate or embedded metering paid by the owner. Colorado lets the association require reimbursement of the actual cost of electricity it supplies, or charge a reasonable access fee instead, plus any network fee. A flat monthly charge based on a typical commute is simple, but a submeter or a networked charger that reports kilowatt-hours ends arguments. Before approving the first request on house power, have an electrician or engineer estimate how many chargers that service can carry and whether load management, where chargers share a circuit and throttle each other, would stretch it. The fifth owner to ask deserves the same answer as the first. Colorado's exceptions are limited to code-based safety rules, registration and reasonable appearance rules, so talk to the attorney before refusing anyone on capacity grounds.

Put the conditions in a signed agreement

Approval should be a short written agreement, signed by the owner before work starts and recorded in the minutes. It should cover the approved location and equipment, licensed installation under permit, who pays for installation, power and repairs, the insurance certificate and premium reimbursement deadlines, registration with the association after installation, and removal. Colorado's subsection (5) adds terms that apply unless a contract or the documents say otherwise: the owner and each later owner of that space is responsible for damage the charger causes, must maintain and insure it with the association as an additional insured, and must remove it when needed for common element repairs. A clause to adapt: 'Owner will maintain, repair and insure the charging system at Owner's cost, will provide a certificate of insurance naming the Association as an additional insured within 14 days after this approval and at each renewal, and will remove the system at Owner's cost when the Association reasonably needs access for repair or replacement of the common elements. These obligations pass to each later owner of Unit [number] until the system is removed.' A motion can read: 'Moved to approve the request of the owner of Unit [number] to install a Level 2 charging system in [space] under the application dated [date], subject to the signed EV charging agreement and the association's charging policy.'

A sample timeline

Day 0: the application arrives and the manager or secretary logs the date. Day 7: the board tells the owner what is missing, if anything. Day 21: the board or architectural committee reviews the complete file, with the electrician's capacity note if house power is involved. Day 30: written approval with conditions, or in Texas a written denial that meets section 209.00505 where it applies. Day 44: the insurance certificate is due in Florida and Colorado, 14 days after approval. Installation follows under permit, and the owner sends the passed inspection. Colorado owners register the charger within 30 days after installation. Put the certificate's expiration date on the calendar so the renewal is requested each year.

Mistakes boards make

Saying no in Florida or Colorado because the declaration bans alterations; the statutes override that. Charging a fee for placing or using a charger in the owner's unit, which Colorado bars apart from electricity, access and network costs. Letting an owner plug into a common-area outlet with an extension cord while the request is pending. Skipping the slab scan. Forgetting that the obligations must follow the space to the next owner, then finding an orphaned charger after a resale. Never asking for the insurance certificate again after the first year. And deciding each request from scratch, which is how one owner gets a yes on terms the next owner is refused. If enough owners are asking that a shared program makes more sense, our guide on adding EV chargers to HOA common parking covers that project, and our guide on checking a vendor certificate of insurance shows what to look for on the electrician's certificate.

Sources

These guides are general education for HOA boards and residents, not legal, tax, or financial advice. Rules vary by state and by your community's governing documents - check with a professional for your situation.

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