Condominium Associations Going Green: Florida’s New EV Charging Station Law

Do unit owners have the right to install electric vehicle (EV) charging stations in their reserved parking spaces? In the past, Florida condominium associations essentially had the power to answer this question as they saw fit. Not anymore.

As of July 1, 2018, unit owners may not be prohibited from installing EV charging stations within the boundaries of their limited common element parking areas. According to the Florida Legislature, the participation of condominium associations in the “green movement” is essential to conserving and protecting the state’s environmental resources.

Under the amended statute, unit owners have an implied easement across the common elements to install compliant EV charging stations and furnish electrical power. However, the amended statute also includes specific requirements governing the installation of charging stations.

• The installation may not cause irreparable damage to condominium property.
• The electricity must be separately metered and paid by the unit owner.
• Unit owners must pay for installation, operation, maintenance and repair.
• Unit owners must purchase hazard and liability insurance to cover the charging station.
• Unit owners or their successors must pay to remove charging stations.

An association may use its statutory rights to enforce payment of costs associated with EV charging stations. Associations can also require unit owners installing charging stations to:

• comply with bona fide safety requirements and applicable building codes;
• comply with reasonable architectural standards adopted by the association (dimensions, placement, external appearance), provided they do not prohibit or substantially increase the cost of installation;
• hire licensed, registered and experienced electrical contractors or engineers;
• provide a certificate of insurance naming the association as an additional insured on the owner’s insurance policy for any claim related to the EV charging station within 14 days after receiving installation approval from the association; and
• reimburse the association for the actual cost of any increased insurance premium amount attributable to the EV charging station within 14 days after receiving the association’s insurance premium invoice.

The Condominium Act’s lien statute was also amended to clarify that labor performed or materials furnished for the installation of an EV charging station may not be the basis for filing a construction lien against the association. These liens must be filed against the unit owner.