— PART II —


Challenges Faced by Associations Considering Electric Vehicle Charging Stations


By Lauren C By Lauren C. Olson, Esq. of Pe ea Si ver Taylor sq of Peryea Sillver Taylor


P


art one of this two-part article (February 2024 issue of The Journal) covered the basics of the electric vehicle charging station


statutes. With that context in mind, this article discusses the nuances and issues associations have faced as a result of implementation of those statutory provisions.


What happens if an association doesn’t have the infrastructure to support the installation of EV charging stations? Who pays for the installation if infrastructure installation is reasonably possible?


If an association does not presently have the infrastructure to support the installation of EV charging stations, but has determined that installation is reasonably possible, then the next issue the association should consider is whether the project would constitute a capital improvement or  governing documents.


26 Community Associations Journal | March 2024


As dictated by an association’s governing documents, capital improvement or addition projects usually require an owner approval vote. In most EV charging infrastructure installation cases, a voting requirement will be triggered because the EV charging infrastructure did not previously exist so would not be considered replacement of an existing common element component. Some associations’ governing documents also have certain dollar thresholds for capital improvements and additions that then trigger additional owner voting requirements. It is important to look at how capital   applies to your particular EV charging project.


Capital improvement or addition projects usually require an owner approval vote.


Beyond general capital improvement or additional considerations, associations should also evaluate if available  project, or if there is a need for a special assessment. If the association is considering taking out a loan for an EV charging project, the governing documents should be reviewed to establish authority and legal counsel sought for


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