New Jersey-2016-A4747-Introduced

An Act requiring community associations to allow the installation of electric vehicle charging stations and supplementing P.L.1993, c.30 (C.45:22A-43 et seq.).

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. (1) An association formed for the management of common elements and facilities of a planned real estate development, regardless of whether organized pursuant to section 1 of P.L.1993, c.30 (C.45:22A-43), shall not adopt or enforce a restriction, covenant, bylaw, rule, regulation, master deed provision, or provision of a governing document prohibiting or unreasonably restricting the installation or use of an electric vehicle charging station in a designated parking space.

(2) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a planned real estate development, and any provision of a master deed, bylaw, or other governing document that either prohibits or unreasonably restricts the installation or use of an electric vehicle charging station in a designated parking space, or is in conflict with the provisions of this section, is void and unenforceable.

(3) Notwithstanding any provisions of an association's governing documents concerning the grant of exclusive or limited use of any portion of a common element to a unit owner, the executive board of an association may grant exclusive or limited use of any portion of a common element to a unit owner:

(a) to install and use an electric vehicle charging station in a unit owner's designated parking space that meets the requirements of this section, where the installation or use of the charging station requires reasonable access through, or across, the common elements for utility lines or meters; or

(b) to install and use an electric vehicle charging station through a license granted by an association pursuant to subsection e. of this section.

(4) Nothing in this section shall be construed to prohibit an association from imposing reasonable restrictions on electric vehicle charging stations.

b. An electric vehicle charging station shall meet applicable health and safety standards and requirements imposed by State and local authorities as well as all other applicable zoning, land use or other ordinances, or land use permits.

c. If association approval is required for the installation or use of an electric vehicle charging station, the application for approval shall be processed and approved by the association in the same manner as an application for approval of an architectural modification to the property, and shall not be willfully avoided or delayed. The approval or denial of an application shall be in writing. If an application is not denied in writing within 60 days from the date of receipt of the application, the application shall be deemed approved, unless that delay is the result of a reasonable request for additional information.

d. If the electric vehicle charging station is to be placed in a common element, or a limited common element in which more than one but less than all unit owners may park, the following provisions shall apply:

(1) the unit owner shall first obtain approval from the association to install the electric vehicle charging station and the association shall approve the installation if the unit owner agrees in writing to:

(a) comply with the association's architectural standards for the installation of the electric vehicle charging station,

(b) engage a licensed contractor to install the electric vehicle charging station,

(c) within 14 days of approval, provide a certificate of insurance that names the association as an additional insured under the unit owner's insurance policy in the amount set forth in paragraph (4) of this subsection, and

(d) pay for the electricity usage associated with the electric vehicle charging station;

(2) unless any of the following responsibilities are waived, in whole or in part, under the bylaws of the association, the unit owner and each successive unit owner of the electric vehicle charging station shall be responsible for the cost of:

(a) any damage to the electric vehicle charging station, common area, exclusive use common area, or separate interests resulting from the installation, maintenance, repair, removal, or replacement of the charging station,

(b) any maintenance, repair, and replacement of the electric vehicle charging station until it has been removed and for the restoration of the common area after removal, and

(3) the unit owner and each successive unit owner of the electric vehicle charging station shall be responsible for disclosing to prospective buyers the existence of the unit owner's electric vehicle charging station and the related responsibilities of the unit owner under this subsection;

(4) the unit owner and each successive unit owner of the electric vehicle charging station shall, at all times, maintain a homeowner liability coverage policy in the amount of $1,000,000 and shall name the association as a named additional insured under the policy with a right to notice of cancellation; and

(5) the unit owner shall not be required to maintain a homeowner liability coverage policy for an existing National Electrical Manufacturers Association standard alternating current power plug.

e. Except as provided in subsection f. of this section, installation of an electric vehicle charging station for the exclusive use of a unit owner in a common element, that is not a limited common element, shall be authorized by an association only if installation in the unit owner's designated parking space is impossible or unreasonably expensive. In such cases, the association shall enter into a license agreement with the unit owner for the use of the space in a common element, and the unit owner shall comply with all of the requirements in subsection d. of this section.

f. An association may install an electric vehicle charging station in a common element for the use of all members of the association and, in that case, the association shall develop appropriate terms of use for the charging station.

g. An association may create a new parking space where one did not previously exist to facilitate the installation of an electric vehicle charging station.

h. An association that willfully violates this section shall be liable to the unit owner or other party seeking authorization to install or use an electric vehicle charging station for any actual damages, and shall pay a civil penalty to the unit owner or other party in an amount not to exceed $1,000.

i. In any action to enforce compliance with this section, a prevailing unit owner or other party seeking authorization to install or use an electric vehicle charging station shall be awarded reasonable attorney's fees.

j. The Commissioner of Community Affairs shall enforce the provisions of this bill in accordance with the authority granted under section 18 of P.L.1977, c.419 (C.45:22A-38).

k. As used in this section:

"Designated parking space" means a parking space that is specifically designated for use by a particular unit owner, including, but not limited to, a garage, a deeded parking space, and a parking space in a limited common element that is restricted for use by one or more unit owners;

"Electric vehicle charging station" means a station that is designed in compliance with the State Uniform Construction Code, adopted pursuant to P.L.1975, c.217 (C.52:27D-119 et seq.), and which delivers electricity from a source outside an electric vehicle into one or more electric vehicles. An electric vehicle charging station may include several charge points simultaneously connecting several electric vehicles to the station and any related equipment needed to facilitate charging plug-in electric vehicles; and

"Reasonable restriction" means a restriction that does not significantly increase the cost of an electric vehicle charging station or significantly decrease its efficiency or specified performance.

2. This act shall take effect immediately.

STATEMENT

This bill would promote, encourage, and remove obstacles to the use of electric vehicle (EV) charging stations by prohibiting common interest communities, such as condominiums and homeowners' associations, from adopting or enforcing any rule that prohibits the installation or use of an EV charging station in a unit owner's designated parking space. Further, under the bill, any restriction in a deed or other instrument affecting the transfer or sale of an interest in a common interest community, and any provision of a governing document that prohibits or unreasonably restricts the installation or use of an EV charging station in an owner's designated parking space, would be void and unenforceable.

The bill would, however, allow common interest communities to impose "reasonable restrictions" on EV charging stations, meaning restrictions that do not significantly increase the cost of the EV charging station or significantly decrease its efficiency or specified performance. The bill would allow an association charged with managing the common elements of a common interest community to approve a proposed EV charging station in the same manner as it approves an architectural modification. The bill protects against avoidance or delay of an application for an EV charging station by providing that if an application is not denied in writing within 60 days from the date of receipt of the application, the application is deemed approved, unless the delay is due to a reasonable request for additional information.

The bill would also authorize the executive board of a common interest community to grant exclusive or limited use of a portion of a common element to an individual unit owner, despite the existence of any contrary provisions in the association's governing documents, to allow the owner to: install and use an EV charging station in the owner's designated parking space, if the installation or use of the charging station requires reasonable access through, or across, the common elements for utility lines or meters; or install and use an EV charging station through a license granted by the association. Under the bill, if it is impossible or unreasonably expensive to install an EV charging station in an owner's designated parking space, an association may allow the owner to install an EV charging station for the exclusive use of the owner in a common element by entering into a license agreement with the owner.

The bill sets forth various requirements that apply if an EV charging station is being placed in a common element or a limited common element of a common interest community. Among these requirements, an owner seeking approval from an association to install an EV charging station must:

comply with the association's architectural standards for the installation of the charging station,

engage a licensed contractor to install the charging station,

name the association as an additional insured under the owner's insurance policy, and

agree to pay for the electricity usage associated with the charging station.

The bill also allows an association to install an EV charging station in a common element for the use of all members of the association, and develop appropriate terms of use for the charging station.

Finally, the bill provides that an association that willfully violates the bill's provisions would be liable to the unit owner or other party seeking authorization to install or use an EV charging station for actual damages, and be required to pay a civil penalty to the unit owner or other party in an amount not to exceed $1,000. In any action to enforce compliance with this bill, the prevailing unit owner or other party seeking authorization to install or use an EV charging station would be awarded reasonable attorney's fees.