Right To Charge Laws In California and Beyond

Zero-emission vehicles are gaining traction, but for EVs to become practical for more people, drivers need easy and reliable charging options. This is especially true for those living in apartments or condos, where installing a home charger can be a challenge.

Multi-unit properties often have unique obstacles to EV charger installation, from parking layouts to building designs and ownership structures. Additionally, many of these properties are part of planned communities with rules that can complicate how residents use their spaces. That’s where a right-to-charge law, like California’s, becomes essential.

How can residents of apartments or condos overcome these challenges to install home EV chargers? And how can EV professionals guide clients through the approval process? Let’s explore how a right-to-charge law helps make charging more accessible for everyone.

Definition of Right To Charge Law

A right-to-charge law ensures individuals living in multi-unit buildings or planned communities can install an EV charging station for personal use, despite potential obstacles. These laws help remove barriers for charging plug-in hybrid electric vehicles (PHEVs) or battery electric vehicles (BEVs). However, they often come with conditions, such as requiring the individual to cover the costs of electrical infrastructure upgrades, charging expenses, and maintaining an appropriate insurance policy.

Right to Charge Law Considerations

These laws address complex challenges, including:

• Costs: Who pays for the EV charging station and associated electricity usage?

• Location: Where will the charging station be installed, and how will it affect existing parking arrangements?

• Compliance: Residents may need to hire licensed contractors, meet specific safety standards, or obtain approvals.

Right-to-charge laws often grant unit owners or tenants the right to install charging equipment and may create easements across common areas for the necessary infrastructure.

States with Right to Charge Laws

Several states, including California, Colorado, Florida, Hawaii, Maryland, New Jersey, New York, Oregon, and Virginia, have enacted right-to-charge laws. These laws differ by state but generally restrict homeowners’ associations (HOAs) or condo boards from outright denying EV charger installations.

They may also include provisions like:

• Cost Responsibility: Owners or renters must cover installation costs.

• Encouragement for Amenities: Some laws incentivize HOAs or landlords to install shared charging stations for residents and guests.

• Legal Enforcement: They may outline who pays attorney fees if legal action is required to enforce the right to charge law.

Importance of Right-to-Charge Laws

While not widely known, right-to-charge laws are critical for EV drivers living in multi-unit housing. These laws empower residents to pursue sustainable transportation options while ensuring property managers, HOAs, and landlords comply with legal requirements. For EV professionals, understanding these laws is vital for helping clients navigate the installation process smoothly.

California Right To Charge Law

California continues to lead the way in clean energy adoption with forward-thinking legislation, including the California Solar Rights Act, the solar mandate for new construction, and the California right-to-charge law. Codified under California Civil Code Section 4745, the California right to charge law ensures that residents of condos, co-ops, and planned communities—whether owners or renters—have the right to install EV charging stations.

Under the California right to charge law, chargers can typically be installed “within an owner’s unit or in a designated parking space” or “at a parking space allocated for the lessee.” If these options are impractical or prohibitively expensive, the law allows for the installation of charging stations in common areas or other designated locations on the property.

By removing barriers to EV adoption, the California right to charge law empowers residents to embrace sustainable transportation, even in multi-unit housing or shared community settings, supporting the state’s ongoing transition to clean energy.

What States Have Right To Charge Laws?

Right to charge laws are currently in effect in several states, including California, Colorado, Florida, Hawaii, Maryland, New Jersey, New York, Oregon, Virginia, and, more recently, Illinois. Illinois enacted the Electric Vehicle Charging Act in 2023, granting condo owners and renters the right to install EV chargers in their designated parking spaces. This aligns with the growing commitment of right to charge states to promote EV adoption in residential communities.

Certain U.S. cities, such as Seattle and Washington, D.C., have also implemented right-to-charge laws to facilitate EV charging station installations. While most of these laws apply primarily to owner-occupied buildings, some—like those in California, Illinois, and Colorado—extend protections to renters, ensuring broader accessibility to EV charging infrastructure.

Requesting EV Charging Stations In Multi-unit Housing

Even in states without a right to charge law, it might still be possible to get approval to install an electric car charger in a multi-family building, condo, or HOA. This usually involves submitting a written request to the board, apartment owner, or management company.

When making the request, consider where the EV charging station would be located and how someone could park while using it. The charger should ideally be mounted on a wall or post in a convenient parking area. Depending on the property’s layout, wiring can be a challenge. EV professionals can assist clients in evaluating these factors or even speaking at a condominium association or HOA meeting.

It’s also essential to address how the EV driver will pay for the electricity, charging equipment, and installation. Many chargers come with tracking systems to easily calculate electricity consumption, which can simplify payment arrangements and make the installation proposal more appealing to decision-makers.

If applicable, determine if other residents are interested in using the same charger. While some multi-unit buildings share EV chargers among households, this can create challenges, such as scheduling conflicts or prolonged vehicle occupancy in the charging spot.

For residents in states with a right to charge law, the process is typically smoother, as these laws provide legal backing to ensure fair consideration of such requests. Whether a state has adopted a right-to-charge law or not, careful planning and presenting a well-thought-out proposal can increase the likelihood of approval.

What Other Laws Impact EV Charging For Multi-Unit Housing?

HOAs have a legal document called Covenants, Conditions, and Restrictions (CC&Rs) that describe the requirements and limitations of the property. Likewise, condominiums have declarations and bylaws that dictate the use, rules, and maintenance of the property. These legal governing documents may have information relevant to the installation and use of EV charging stations. There may also be applicable EV laws in a given state or town.

FAQs About How to Charge EVs in Condos, HOAs, and Apartment Buildings

Many condo and apartment dwellers encounter issues with charging electric cars due to the lack of dedicated parking or charging infrastructure. However, right to charge laws, particularly in states like California, offer protections that make it easier for residents to install EV chargers in their designated parking spaces.

How can someone charge an electric car in a condo?

To charge an electric car in a condo, check and obtain approval from the condo association, select a suitable location, and confirm electrical capacity with a licensed electrician. Choose an appropriate charging solution, obtain the required permits, and have the charger installed. Provide documentation to the association, schedule inspections, and, upon approval, manage charging efficiently to accommodate residents sharing the infrastructure.

Can renters install EV chargers in California apartments?

Yes, under the right to charge law California, renters are allowed to install EV chargers in their designated parking spaces, as long as they cover the installation and maintenance costs. Landlords can set reasonable conditions, such as requiring the use of licensed contractors and ensuring the installation meets building codes and safety standards. This law helps renters embrace sustainable transportation while maintaining property safety and integrity.

Who pays for an EV charger installation in a California apartment?

Under the California right to charge law, the tenant is typically responsible for covering all costs associated with the installation, maintenance, and operation of the EV charger. However, tenants can take advantage of state or utility company rebates and incentives, which may help reduce some of these expenses. This allows tenants to install EV chargers while potentially lowering their upfront investment.

Do HOAs have electric car charging policies?

Many HOAs have electric car charging policies in place that govern the installation and use of EV chargers within the community. These policies typically include guidelines on approval processes, location restrictions, aesthetics, and any associated fees.

While the right to charge law ensures that residents in certain states, like California, have the right to install an EV charger, it's still important to review and comply with the HOA's specific policies. Residents should seek approval before proceeding with the installation to ensure they meet all requirements.

How does the California right to charge law impact property owners?

The California right to charge law requires property owners to allow the installation of EV charging stations in designated parking spaces, with certain conditions. Property owners can impose reasonable restrictions, such as ensuring safety and using licensed contractors. They may also request removal if safety standards aren’t met. This law helps promote electric vehicle adoption and supports California's commitment to sustainable transportation.

How do I install a Tesla charger in a condo?

To install a Tesla charger in a condo, review and comply with condo rules, secure association approval, and select a suitable location. Confirm electrical capacity with a licensed electrician, choose a Tesla charger, and obtain necessary permits. Hire an electrician for installation, submit required documentation to the condo association, pass inspections, and obtain final approval for a seamless Tesla charger installation.

Helping Clients Install EV Chargers in Condos & HOAs

As more and more households want to install EV chargers, residents of multi-unit buildings and planned communities will be figuring out how to navigate the process. Knowing the EV laws in your area and how to navigate HOAs and condo boards will be critical for moving EV charger installation projects forward.

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