Academy/Parking, Roads & Vehicles
Charging stations
Can your association block a resident from installing an EV charger?
Whether a board can block an EV charging station installation depends entirely on the state. A minority of states, including California, Colorado, Hawaii, New York, Oregon, and Maryland, void any restriction that effectively prohibits an owner from installing one. Most states have no such statute, so the request runs through the declaration's ordinary architectural review process instead.
Where state law guarantees the right
A minority of states have passed what this Course calls a right-to-charge statute: a law that voids or limits an association's power to stop a resident from installing an EV charger. California, Colorado, Hawaii, New York, Oregon, and Maryland are the strongest examples verified for this Course. Florida has one too, but only for condominiums under Chapter 718, not for homeowners associations under Chapter 720. Most states researched for this Course have no comparable statute at all, so confirm your own state's law before assuming either way.
"Any covenant, restriction, or condition that either effectively prohibits or unreasonably restricts the installation or use of an electric vehicle charging station within an owner's unit or in a designated parking space, including deeded parking spaces, parking spaces in an owner's exclusive use common area, or parking spaces specifically designated for use by a particular owner, is void and unenforceable."
Source: California Civil Code §4745, State of California
| State | The right | What it does not cover |
|---|---|---|
| California | Voids a restriction on an owner's own or exclusive-use space | Shared, common parking areas |
| Colorado | Bars any fee beyond actual electricity cost | UL certification and electrical code compliance still required |
| Hawaii | Bars any covenant from blocking installation near a stall | Owner must register the system within 30 days |
| New York | Voids a restriction that cuts efficiency or adds over 10% to cost | Common or commonly-owned property is exempt |
| Oregon | Association cannot prohibit installation in an exclusive-use space | Association may charge a review and permitting fee |
| Maryland | Voids restrictions in an owner's own space | Common-element installs need a license, capped at 3 years, renewable |
| Florida (condos only) | Implied easement in a deeded or limited-common-element space | No equivalent right in the HOA (Chapter 720) statute |
| Virginia | Default rule lets an owner install on property they own | Declaration can override it; common areas can be barred entirely |
"Except to the extent that the declaration or other recorded governing document provides otherwise, no association shall prohibit any lot owner from installing an electric vehicle charging station for the lot owner's personal use on property owned by the lot owner."
Source: Code of Virginia §55.1-1823.1, Virginia Legislative Information System
What the board can still require
Even in a state with a strong right-to-charge law, the association is not powerless. Every statute reviewed for this Course lets the board impose reasonable conditions: a licensed electrician, proof of insurance, and rules that do not significantly raise installation cost or reduce the system's performance. California and Maryland both deem an application approved if the board issues no written denial within 60 days, so silence is not a safe way to block a request. If the charging space also functions as an accessible parking space, a building code your state or city has adopted may set separate minimum dimensions for the equipment and access aisle. Confirm the code edition actually adopted in your jurisdiction with your local building department before designing around a specific measurement.
If your state has no right-to-charge statute
Most states have not passed one. There, an EV charging request is handled the same way as any other exterior change: through the declaration's architectural-review process and the board's ordinary rule-making authority. A recorded restriction is generally presumed reasonable, and a board rule adopted within the authority the declaration actually grants gets some deference too, but neither is unlimited. Ask what your own declaration says about exterior alterations and electrical work before telling a resident yes or no.
Check yourself
Answer before you read the explanation, recalling it is what makes it stick.
A California owner installs a Level 2 charger in their deeded parking space at their own cost. The board wants to charge a yearly fee just for having it plugged in, beyond the electricity used. Can the board charge this?
A Virginia HOA's declaration is silent on EV chargers. An owner wants to install one on a common-area carport, not on property they own. What actually controls?
A Texas homeowner wants to install an EV charger in their own driveway. Texas has no right-to-charge statute. What process actually governs the request?
Sources
- California Civil Code §4745, State of California
- Colorado Revised Statutes §38-33.3-106.8, State of Colorado
- Hawaii Revised Statutes §196-7.5, State of Hawaii
- New York Real Property Law, Article 9-D §343, State of New York
- Oregon Revised Statutes §94.762, State of Oregon
- Maryland Real Property Code §11-111.4, Maryland General Assembly
- Florida Statutes §718.113(8), The Florida Senate
- Code of Virginia §55.1-1823.1, Virginia Legislative Information System
- International Building Code §406.2.7 (2021), International Code Council
Related elsewhere in the Academy
Parking, Roads & Vehicles
Next, see how EV ownership affects parking assignments generally in EVs.
Whether a right-to-charge statute applies, what fees the association may charge, and what approval timeline applies vary by state, and several of these laws have changed within the past two years.