On or about March 6, 2025, DC Act 25-625, “Comprehensive Electric Vehicle Infrastructure Access, Readiness, and Sustainability Amendment Act of 2024” will go into effect after the Congressional Review Period ends. The law amends several existing statutes, including the Green Building Act of 2006. The amendments to the Green Building Act create obligations for community associations and owners relative to the installation of EV charging stations.
WHAT’S REQUIRED OF ASSOCIATIONS and WHAT ASSOCIATIONS MAY REQUIRE OF OWNERS
First, the law requires community associations to allow the installation of EV charging ports, subject to certain terms and conditions. A unit owner who wishes to install a charging port may do so, at their own expense, in the unit’s deeded or designated parking space. However, the new law also allows community associations to impose requirements upon owners who want to install an EV charging port. The association may require the owner to first obtain written approval from the community association, and to comply with the following:
- Safety requirements and applicable building codes
- A requirement that the EV charging infrastructure be registered with the association
- Reasonable architectural standards concerning the size, placement and appearance of the port and related equipment and signage
- A prohibition against licensing or renting the parking space
In addition, a community association may condition approval of a request to install an EV charging port on the requesting owner’s agreement in writing to do the following:
- Comply with the community association’s architectural standards for the installation of the port, by submitting design plans and technical documentation, prepared and stamped by a licensed and registered architect, engineer or electrical engineer “familiar with the installation and core requirements of an electric vehicle charging port”
- Engage a licensed electrician “familiar with the installation and core requirements of an electric vehicle charging port” to install, maintain and/or remove the port
- Be responsible for the costs of installation of the charging port
- Be responsible for the cost of the electricity associated with the charging port
- Be responsible for the cost to repair any damages to common elements caused by the installation, use maintenance, removal, or replacement of the port
- Provide a certificate of insurance naming the community association as an additional insured on the owner’s insurance policy (relative to claims that might arise from the installation of the charging port) OR to reimburse the community association for the cost of any increase in the premium attributable to the charging port
The community association may require the installing owner to agree that the installing owner and every successive owner of the charging port be responsible for the following:
- The costs for the maintenance, repair, and replacement of the electric vehicle charging port until it has been removed and for the restoration of the common area after removal
- Disclosing to prospective buyers the existence of the charging port of the owner and the related responsibilities of the owner
- Disclosing to prospective buyers whether the electric vehicle charging port is removable, and an intent to remove the port in order to install it at their new place of residence
- The costs for damage to the electric vehicle charging port, common area, limited common area, or separate interests resulting from the installation, maintenance, repair, removal, or replacement of the charging port
- The cost of electricity associated with the electric vehicle charging port, including a requirement to connect the electric vehicle charging port to the owner’s electricity utility account unless the licensed contractor performing the installation deems that to be impossible.
- If a licensed contractor performing the installation deems that connection impossible, then the condominium association may require reasonable reimbursement to the condominium association for the additional electricity usage
Regarding responsibility for the charging port on the transfer of ownership of the unit, the unit owner may also be required upon application to agree to either
- Remove the charging port and restore the property to its pre-installation condition
OR
- Obtain written acceptance by the buyer of the charging port of all rights and responsibilities associated with ownership of the space with the charging port (such as costs of maintenance and electrical power)
HOW THE LAW AFFECTS GOVERNING DOCUMENTS
Under the new law, any provision in a governing document that “effectively prohibits or unreasonably restricts the installation or use” of an EV charging port within an owner’s parking space is void and unenforceable.
NEW RULES and PROCESS REQUIRED
Community associations will have to enact processes and procedures for the installation, operation, maintenance and removal of EV charging ports. Most importantly, community associations will need to confer with engineering professionals regarding the impact of proposed EV charging port installations as to structural, electrical, and fire safety implications. Applications from owners should be processed in the same basic manner as applications for architectural modifications are processed. There are also limits within the law on how long a community association has to review the application, limits on fees that can be charged owners for the installation of charging ports, and a requirement that owners whose applications have been rejected be given an opportunity to cure any deficiencies in the application originally submitted.
