What you need to know about the newIllinois


Electric Vehicle Charging Act. By the CAI Illinois Legislative Action Committee. The ElectricVehicle Charging Act (“EVCA”) took effectJanuary 1, 2024.


• As used in the EVCA, “association” means an association as defined in either subsection (o) of Sectionf Condominium Property Act or Section 1-5 of thef


2of the Common


Interest Community Association Act, whichever is applicable.


• Section 30 of the EVCA applies to unit owners, tenants, landlords, and associations of newly constructed and existing single-family homes


y and multifamily residential y buildings that have parking spaces.


• Associations cannot prohibit or unreasonably restricty installation or use of anf


an owner’s unit or designated parking space.


• Associations may impose reasonable restrictions pertaining to the installation and use of anf charging system. An association may looky (e) of Sectionf restrictions.


30 of thef owner and is not deemed part of thef common elements or common area, as the case may be.y


• Electric vehicle charging systems must comply with applicable state and local regulations and requirements relating to health and safety, zoning, land use, permits, etc.


•When an association requires prior approval for the installation or use of an electric vehicle charging system, the associationmust process and approve the application in the same manner as an application for approval of an alteration, modification, or improvement to common elements/areas or an architectural modification to the property. The associationmust issue its approval or denial


Additional Resources and Contact Information:


• Information and resources on electric vehicle charging stations can be found at caionline.org/advocacy/priorities/electriccharging • CAI’s Illinois Legislative Action Committee can be found at caionline.org/advocacy/LAC/IL • Please contact CAI’s Illinois Legislative Action Committee with any questions at government@caionline.org.


The above is provided for informational purposes only and does not constitute legal advice. All associations and owners should consult with a knowledgeable attorney about their rights under the EVCA.


www.cai-illinois.org • 847.301.7505 | 23


electric vehicle k to subsection


EVCA forA examples of reasonablef


• An electric vehicle charging system installed by any owner is the property ofy thatf


the electric vehicle charging system in


in writing without unreasonable delay. Associationmust deny any application in writing within 60 days from the date of receiptf


of the application, otherwise the application


is deemed approved, unless a delay results from the reasonable request for additional information.


• Subsection (e) of Sectionf 30 of the EVCA appliesA when


an owner wants to place an electric vehicle charging system in a commonelement/area or limited common element/exclusive use common area. Under subsection (e), an owner must, among other things: obtain prior written approval from the association; comply with


y maintain liability insurance coverage. Also, the owner


the costs of installation;f y


and successive owners must, among other things, be responsible for: maintenance, repair and replacement of the electric vehicle charging system; damage from the installation, maintenance, repair, removal, or replacement of thef


used; annually providey insurance.


• An association has the option vehicle charging system in y


f


the option off installing an electric n a common element/area for


use of all owners andmay establish appropriate rules and


regulations for the use off that electric vehicle charging system.


• The willful violationof Section 30cansubject anassociation to actual damages and a civil penalty not to exceed $500. The prevailing party iny with Section 30 may recove


y y


an action to enforce compliance er its attorneys’ fees.


pay fory


reasonable restrictions of the association; engage a licensed and insured contractor to do the installation; pay fory


electricity usage;y


all


electric vehicle charging system; costs of electricity the association with a certificate of


Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32  |  Page 33  |  Page 34  |  Page 35  |  Page 36  |  Page 37  |  Page 38  |  Page 39  |  Page 40  |  Page 41  |  Page 42  |  Page 43  |  Page 44  |  Page 45  |  Page 46  |  Page 47  |  Page 48  |  Page 49  |  Page 50  |  Page 51  |  Page 52  |  Page 53  |  Page 54  |  Page 55  |  Page 56