HOA Removed our EV charger, is this legal?

M

Mark Linthicum

New Member
Our HOA just removed a car charger we relay on to charge our car, it has been there for over 4 years. It was
connected to power paid for by the HOA and someone complained about this and now they have removed it. It seems like this would not be legal, people rely on this for transportation and they gave no warning that this was going to be done. Wondering if anyone knows if there is any legal action that can be taken? We are in CA.
 
If it was owned by the HOA and they were paying for the power, why wouldn't they have the right to remove it?

Having an HOA pay for something for a small percentage of homeowners with no benefit for the rest could be contrary to the HOA governing docs (this is a common provision). After receiving a complaint, the HOA would be obligated to remove or disable the EVSE.

The HOA cannot prevent you from installing an EVSE in your dedicated parking space, but it would be at your expense and require you to pay for the power.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=4745.&lawCode=CIV
 
DucRider said:
If it was owned by the HOA and they were paying for the power, why wouldn't they have the right to remove it?

Having an HOA pay for something for a small percentage of homeowners with no benefit for the rest could be contrary to the HOA governing docs (this is a common provision). After receiving a complaint, the HOA would be obligated to remove or disable the EVSE.

The HOA cannot prevent you from installing an EVSE in your dedicated parking space, but it would be at your expense and require you to pay for the power.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=4745.&lawCode=CIV
Click to expand...

Then why install it in the first place? We as homeowners paid for the installation of this charger with our association fees. I became reliant on the charger when I sold my gas polluter and bought an EV.
 
DucRider said:
If it was owned by the HOA and they were paying for the power, why wouldn't they have the right to remove it?

Having an HOA pay for something for a small percentage of homeowners with no benefit for the rest could be contrary to the HOA governing docs (this is a common provision). After receiving a complaint, the HOA would be obligated to remove or disable the EVSE.

The HOA cannot prevent you from installing an EVSE in your dedicated parking space, but it would be at your expense and require you to pay for the power.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=4745.&lawCode=CIV
Click to expand...

It is prohibitively expensive to install a charger as the electrical panel in our condo would need to be replaced and wiring would need to be run a very long distance outside the condo walls. The only option seems to be to install a new meter. We also do not have assigned parking spaces.
 
DucRider said:
The HOA cannot prevent you from installing an EVSE in your dedicated parking space, but it would be at your expense and require you to pay for the power.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=4745.&lawCode=CIV
Click to expand...

Thanks for the link,
The applicable part of this code seems to state the HOA is responsible for setting "terms of use" for a community charger, but none were set. they denied even having a charger when a homeowner complained about the charger. With no terms of use, in effect, they did not reserve the right to remove it. Are they not negligent?

(g) Except as provided in subdivision (h), installation of an electric vehicle charging station for the exclusive use of an owner in a common area, that is not an exclusive use common area, shall be authorized by the association only if installation in the owner’s designated parking space is impossible or unreasonably expensive. In such cases, the association shall enter into a license agreement with the owner for the use of the space in a common area, and the owner shall comply with all of the requirements in subdivision (f).

(h) The association or owners may install an electric vehicle charging station in the common area 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.
 
Mark Linthicum said:
It is prohibitively expensive to install a charger as the electrical panel in our condo would need to be replaced and wiring would need to be run a very long distance outside the condo walls. The only option seems to be to install a new meter. We also do not have assigned parking spaces.
Click to expand...

There are models of charger that are made for situations like this where different people might use it, and where the owner may wish to recover a nominal fee for use. I have seen some from ChargePoint that are designed toward apartments/condo, but they aren't the only one.

If the only real objection is that some people were getting free electricity, perhaps that's a good alternative.
 
ericy said:
There are models of charger that are made for situations like this where different people might use it, and where the owner may wish to recover a nominal fee for use. I have seen some from ChargePoint that are designed toward apartments/condo, but they aren't the only one.

If the only real objection is that some people were getting free electricity, perhaps that's a good alternative.
Click to expand...

I heard from the maintenance guy that the HOA looked into getting a charger that each user would be billed for their electric usage. I checked out the cost of getting one of these chargers and it was very expensive, $6k to $10k, and then a monthly fee. For a charger that is costing the HOA $30 a month in electricity, it makes no sense financially to install one of these chargers.

And why would they not be obligated to install something before ripping out the old one?
The issue here is they took something out that we rely on for transportation, no warning, no offer of an alternative, just a denial of even having a car charger, and then the removal of the charger.

On top of this when I bought my EV I had a state subsidy program to install a charger so I asked the HOA for approval to install a charger closer to our unit, they delayed response so long the state subsidy program had been closed.
 
It would be legal in most all states.

Some HOAs don’t even allow solar panels on roofs.


Sent from my iPhone using Tapatalk
 
It is perfectly legal for the HOA to remove the EVSE unless your governing documents specify that the HOA will provide that service.
Any issue you have is between you and the HOA, and that is a contractual relationship you entered into with them. Your governing documents will define what the HOA and owners are allowed (and prohibited) to do. Often they are originally drafted and written to protect the developer with little thought to the eventual turnover to the owners.

There are relatively inexpensive EVSEs on the market that can authorize specific users (and track their usage so they can be billed appropriately). Only your Board can give you the specific reason for the removal and approve a solution that gets charging re-installed.
 
DucRider said:
It is perfectly legal for the HOA to remove the EVSE unless your governing documents specify that the HOA will provide that service.
Any issue you have is between you and the HOA, and that is a contractual relationship you entered into with them. Your governing documents will define what the HOA and owners are allowed (and prohibited) to do. Often they are originally drafted and written to protect the developer with little thought to the eventual turnover to the owners.

There are relatively inexpensive EVSEs on the market that can authorize specific users (and track their usage so they can be billed appropriately). Only your Board can give you the specific reason for the removal and approve a solution that gets charging re-installed.
Click to expand...

Thanks, DucRider Are you a lawyer or have specific knowledge in the area?
 
Mark Linthicum said:
Thanks, DucRider Are you a lawyer or have specific knowledge in the area?
Click to expand...
Not a lawyer, but have been in various positions on a couple of different HOA Boards (in a couple of different States) and drafted revisions and amendments to bring our docs into compliance with state law, eliminate developer specific clauses, and incorporate some desired changes. Worked with a local law firm specializing in HOA law.
You basically are in contractual agreement with your HOA and the terms of that contract are in your governing docs. States will require certain things to be in those documents, and prohibit others (discrimination based on race, religion, etc is one example).
It is quite common to have a clause prohibiting the HOA from expenditures that benefit only a few specific owners, and I could see an EVSE being categorized that way by all the owners paying association dues that do not use it to charge their vehicle.
 
DucRider said:
Not a lawyer, but have been in various positions on a couple of different HOA Boards (in a couple of different States) and drafted revisions and amendments to bring our docs into compliance with state law, eliminate developer specific clauses, and incorporate some desired changes. Worked with a local law firm specializing in HOA law.
You basically are in contractual agreement with your HOA and the terms of that contract are in your governing docs. States will require certain things to be in those documents, and prohibit others (discrimination based on race, religion, etc is one example).
It is quite common to have a clause prohibiting the HOA from expenditures that benefit only a few specific owners, and I could see an EVSE being categorized that way by all the owners paying association dues that do not use it to charge their vehicle.
Click to expand...

Appreciate the advice!
 
You must log in or register to reply here.
Back
Top