House Bill 841, approved by the governor and taking effect on July 1, 2018, paves inroads for electric vehicles at condominium developments while extending the Distressed Condominium Relief Act and the deadline for associations to meet condominium website requirements, among various other changes intended to bring increased coherence to provisions of the Condominium Act.
Electric Vehicle Charging Stations
Newly enacted Section 718.113(8) now provides that regardless of any restriction, an owner can install an EV charging station, at their expense and subject to specified restrictions, within the boundaries of their limited common element parking area (a parking area subject to the owner’s exclusive use as a part of their ownership interest). The owner cannot irreparably damage the common elements, must separately meter and pay for electricity, and is responsible for maintaining, repairing, operating, installing and insuring the station. Additionally, an EV station installer’s mechanic’s lien can only be filed against the owner’s unit. The association can (and should) require protections such as installer licensure, insurance, architectural compliance, reimbursement for insurance premium increases, etc., and may utilize statutory collection remedies, ostensibly including lien rights, if the association has to cover the owner’s costs. The benefits of this legislation are obvious and profound: by pre-empting and minimizing the likelihood of potential disputes over an area that will increasingly gain importance as EVs become more prominent, the law benefits owners and residents alike while enabling reasonable protections for associations.
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