New Law prohibits Condo HOAs to deny EV charging requests

[lovecleanenergy]

A significant hurdle to EV adoption in urban areas has been mitigated in California by SB 209. I've pasted an excerpt and a link below:
http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_0201-0250/sb_209_bill_20110606_amended_asm_v96.html" onclick="window.open(this.href);return false;

http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_0201-0250/sb_209_bill_20110606_amended_asm_v96.html" onclick="window.open(this.href);return false;

"This bill would provide that 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
common interest development, or any provision of the governing
documents of a common interest development, that effectively
prohibits or restricts the installation or use of an electrical
vehicle charging station is void and unenforceable. The bill would
authorize an association, as defined, to impose reasonable
restrictions on those stations, as specified, and would impose
requirements with respect to an association's approval process for
those stations. If the station is to be placed in a common interest
area or an exclusive use common area, the homeowner would be
responsible for various costs associated with maintaining and
repairing the station, as well as costs for damage to common areas
and adjacent units resulting from installation and maintenance of the
station. The bill would also require impose
other responsibilities on the homeowner to maintain a
homeowner's insurance policy , including maintaining
an umbrella liability coverage policy of $1,000,000 that names
the common interest development as an additional insured. An
association that violates the bill's provisions would be liable for
damages and a civil penalty, as specified."

 

[mwalsh]

Nice!

 

[Randy]

SB209 was approved in late 2011. When the governor signed it, he noted that it had several issues and asked for it to be cleaned up.

That process was done on a priority basis as SB880 and it was signed (and made effective) in February 2012.
http://www.hoalawblog.com/2012/03/governor_brown_signs_sb_880_de.html" onclick="window.open(this.href);return false;

Redlined changes from SB209 to SB880:
http://www.hoalawblog.com/SB880Redline.pdf" onclick="window.open(this.href);return false;

 

[EVerlasting]

Colorado passed a similar law:

Governor Hickenlooper signed SB13-126 into law today, requiring community associations to permit owners to install Type 1 and Type 2 electric vehicle charging stations on their lots and on limited common elements designated for an individual owner’s use. SB13-126 adds Section 106.8 to the Colorado Common Interest Ownership Act and states the following reason for the legislation:
The primary purpose of this section is to ensure that common interest communities provide their residents with at least a meaningful opportunity to take advantage of the availability of plug-in electric vehicles rather than create artificial restrictions on the adoption of this promising technology
http://www.cohoalaw.com/from-capito...hicles-coming-to-a-neighborhood-near-you.html

Now I am just waiting for this type of law in my home state, New Jersey.

 

[dgpcolorado]

Colorado passed a similar law:

Governor Hickenlooper signed SB13-126 into law today, requiring community associations to permit owners to install Type 1 and Type 2 electric vehicle charging stations on their lots and on limited common elements designated for an individual owner’s use. SB13-126 adds Section 106.8 to the Colorado Common Interest Ownership Act and states the following reason for the legislation:
The primary purpose of this section is to ensure that common interest communities provide their residents with at least a meaningful opportunity to take advantage of the availability of plug-in electric vehicles rather than create artificial restrictions on the adoption of this promising technology
http://www.cohoalaw.com/from-capito...hicles-coming-to-a-neighborhood-near-you.html

Now I am just waiting for this type of law in my home state, New Jersey.

Some other EV specific laws in Colorado:

• There is a new registration fee of $50/year for EVs. $30 is for HUTF (gas taxes for roads) and $20 is for a charge station grant fund. As I understand it, apartment and condo complexes will be able to compete for charge station grants, along with municipalities and the like. CRS 42-3-304, CRS 43-4-201, CRS 24-38.5-103

• Boulder County now requires new construction houses to be wired for 240 Volts in the garage, for use with EVSEs and electric cars.

• And, as many here know, there is a fairly generous state tax credit of up to $6000 for EV purchases (the new law now bases it on battery size; the LEAF should be the full $6000). Not as high as West Virginia but still pretty good. (The tax credit for leasing figures to be fairly low, however.) The tax credit begins to phase out in 2019. HB 1247

Yes, this state is trying to encourage EVs and has for a number of years (tax credits for conversions and the like).


On a similar note: back in the '70s Colorado passed a law that bans covenants and HOAs from prohibiting solar panels, since broadened to a "renewable energy generation device" (includes wind turbines). Any restrictions that unreasonably increase the cost or decrease the performance are not allowed. CRS 38–30-168

 

[Weatherman]

On a similar note: back in the '70s Colorado passed a law that bans covenants and HOAs from prohibiting solar panels. Any restrictions that unreasonably increase the cost or decrease the performance are not allowed.

Which, of course, doesn't prevent every ignorant HOA board (and their ignorant legal counsel), in every state with solar rights laws, from fighting the installation of solar panels (speaking as someone who challenged my HOA on the issue and won, after about three months of fighting).

 

[smkettner]

The title implies a Federal law vs just CA

 

[EVerlasting]

Colorado passed a similar law:

Governor Hickenlooper signed SB13-126 into law today, requiring community associations to permit owners to install Type 1 and Type 2 electric vehicle charging stations on their lots and on limited common elements designated for an individual owner’s use. SB13-126 adds Section 106.8 to the Colorado Common Interest Ownership Act and states the following reason for the legislation:
The primary purpose of this section is to ensure that common interest communities provide their residents with at least a meaningful opportunity to take advantage of the availability of plug-in electric vehicles rather than create artificial restrictions on the adoption of this promising technology
http://www.cohoalaw.com/from-capito...hicles-coming-to-a-neighborhood-near-you.html

Now I am just waiting for this type of law in my home state, New Jersey.

Some other EV specific laws in Colorado:

• There is a new registration fee of $50/year for EVs. $30 is for HUTF (gas taxes for roads) and $20 is for a charge station grant fund. As I understand it, apartment and condo complexes will be able to compete for charge station grants, along with municipalities and the like. CRS 42-3-304, CRS 43-4-201, CRS 24-38.5-103

• Boulder County now requires new construction houses to be wired for 240 Volts in the garage, for use with EVSEs and electric cars.

• And, as many here know, there is a fairly generous state tax credit of up to $6000 for EV purchases (the new law now bases it on battery size; the LEAF should be the full $6000). Not as high as West Virginia but still pretty good. (The tax credit for leasing figures to be fairly low, however.) The tax credit begins to phase out in 2019. HB 1247

Yes, this state is trying to encourage EVs and has for a number of years (tax credits for conversions and the like).


On a similar note: back in the '70s Colorado passed a law that bans covenants and HOAs from prohibiting solar panels, since broadened to a "renewable energy generation device" (includes wind turbines). Any restrictions that unreasonably increase the cost or decrease the performance are not allowed. CRS 38–30-168

I wanna move to Colorado. Its just awesome, although the $30 HUTF is uncalled for at this early stage of EV deployment. Recent article "Tax On Hybrids, Electric Cars Ignores Their Public Health Benefits" mentions this. http://evworld.com/news.cfm?newsid=30765

 

[dgpcolorado]

On a similar note: back in the '70s Colorado passed a law that bans covenants and HOAs from prohibiting solar panels. Any restrictions that unreasonably increase the cost or decrease the performance are not allowed.

Which, of course, doesn't prevent every ignorant HOA board (and their ignorant legal counsel), in every state with solar rights laws, from fighting the installation of solar panels (speaking as someone who challenged my HOA on the issue and won, after about three months of fighting).

Interesting. I'm on my neighborhood Architectural Control Committee and our covenants, written circa 1990, pretty much prohibited solar panels (probably a cut-and-paste job from another state). Once someone found out about the law we stopped trying to enforce the provision in the covenants, save for siting decisions that don't affect the performance or cost. Recently we revised and renewed our covenants and I rewrote the solar panel clause to comply with the law. We don't have the money for legal actions so we try to work with lot owners, rather than be confrontational.

 

[dgpcolorado]

I wanna move to Colorado. Its just awesome, although the $30 HUTF is uncalled for at this early stage of EV deployment. Recent article "Tax On Hybrids, Electric Cars Ignores Their Public Health Benefits" mentions this. http://evworld.com/news.cfm?newsid=30765

I like the HUTF fee because it blocks the argument that EVs get a free ride from paying for road costs. Not that $30 or the small state gas tax come close to being enough to cover road costs in this state; our climate and terrain is very tough for roads.

But I did get slammed by someone who was irate over the EV tax credits. Using his tax money to pay for my car and all that. I'm sure I'm not the only one who has been hit with that one.

 

[Weatherman]

Interesting. I'm on my neighborhood Architectural Control Committee and our covenants, written circa 1990, pretty much prohibited solar panels (probably a cut-and-paste job from another state). Once someone found out about the law we stopped trying to enforce the provision in the covenants, save for siting decisions that don't affect the performance or cost. Recently we revised and renewed our covenants and I rewrote the solar panel clause to comply with the law. We don't have the money for legal actions so we try to work with lot owners, rather than be confrontational.

It does seem that many HOA boards are used to having a lot of control over what homeowners in the community can do. The solar rights laws take nearly all that power away.

I own some property near Lake Tahoe (Nevada side) and I tried to advise the HOA on their recent development of rules for alternative energy systems. I advised taking a "soft" approach with lots of "should"s rather than "must"s. They, pretty much, ignored my advice and claimed they had consulted with their legal counsel and the strict rules were ok. I wished them luck. I suspect their rules will be declared null and void the first time they say no to someone.

 

[EVerlasting]

I wanna move to Colorado. Its just awesome, although the $30 HUTF is uncalled for at this early stage of EV deployment. Recent article "Tax On Hybrids, Electric Cars Ignores Their Public Health Benefits" mentions this. http://evworld.com/news.cfm?newsid=30765

I like the HUTF fee because it blocks the argument that EVs get a free ride from paying for road costs. Not that $30 or the small state gas tax come close to being enough to cover road costs in this state; our climate and terrain is very tough for roads.

But I did get slammed by someone who was irate over the EV tax credits. Using his tax money to pay for my car and all that. I'm sure I'm not the only one who has been hit with that one.

The people who slammed you over EV tax credits are the same people who deny Climate Change exists. You paid for a car which costs more than double of a similar gasoline car, just so that you can reduce your country's reliance on foreign oil from nations who use the same money against us. You are not causing any pollution on the roads where these slammers drive, and you are trying to reduce your carbon emissions which will cause unbearable consequences for all future generations. These are the people who killed the EV1 and prevented Electric Car technology for at least a decade. These people don't mind the tax credits and tax cuts to hugely profiting and polluting oil and coal corporations, and food corporations that deliberately inject high fructose corn syrup and unhealthy chemicals and pesticides into our food. The same people who slammed you pretend that they hate taxes. Yeah, EVs should be taxed because without the $30 from a few thousand early adopting EV owners, the roads are just going to collapse.