Right-To-Charge Policies

California has long been a leader on right-to-charge issues.

• California’s right-to-charge protections for owners in condos, co-ops, and planned communities include language that highlights alignment with state policy “to promote, encourage, and remove obstacles to the use of electric vehicle charging.”
• California’s right-to-charge policy ensures owners can install an EV charging station in a unit parking space or common space. An association may also install an EV charger in the common area for the use of all unit owners.
• If a parking space does not exist, an association can create one to install an EV charging station. This can encourage cost-sharing for charging installation, recognizing that in some use cases, one charger might be sufficient for more than one owner.
• Renter protections are not as strong as those for owners. Lessors are not obligated to provide a parking space to a lessee if one is not available, and there is no penalty for lessors who do not recognize the lessee’s right to charge as granted by the policy. Fortunately, California will now require all new residential units with parking spaces to have “EV Ready” charging infrastructure starting in 2026. 

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• Policy for Associations
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Colorado goes above and beyond in the delivery of its right-to-charge policies in several ways:

• Colorado is one of two states that provides context for why right-to-charge policy is essential. The policy states that the widespread use of plug-in electric vehicles can dramatically improve energy efficiency and air quality for all citizens. It goes further to say that the adoption of EVs should be encouraged wherever possible. 
• Many right-to-charge policies simply reduce obstacles for property owners and/or renters to install and use charging stations. Colorado states that the primary purpose of this policy is to ensure that common-interest communities provide their residents with 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.”
• Colorado strives to create this “meaningful opportunity” through strong policy language and financial opportunities. Its policies encourage common-interest communities to apply for grants from Colorado’s electric vehicle grant fund.
  • The legislative text also suggests funding the installation of charging stations on common property as a standard amenity for residents and guests.

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Along with protections for both property owners and renters, the noteworthy elements that distinguish Connecticut’s right-to-charge policies include:

• Unit owners can install an EV charging station in a unit space or limited common element parking space. An association may also install an EV charger in the common area for the use of all unit owners.
• If a parking space does not exist, an association of unit owners can create a parking space to install an EV charging station. 
• For renters or tenants, a landlord must approve a tenant’s written request to install an electric vehicle charger at a dedicated parking space for the tenant, as long as the request meets the requirements specified in the policy.

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The Florida legislature provides context for the importance of EVs in this policy.

• In Florida, condominium associations cannot prohibit or limit the installation or use of an EV charger in a unit owner’s limited common element or exclusively designated parking area. 
• Florida’s right-to-charge laws mandate that the electricity for the electric vehicle charging station is separately metered or metered by an embedded meter.
• The board of administration of an association may make available, install, or operate an electric vehicle charging station upon the property’s common elements.

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• Policy for condominiums

In Hawaii, individuals cannot be stopped by any type of covenant, legal, or contractual agreement from installing an EV charger on or near the parking stall at a multi-family residential building or townhouse they own.

• Hawaii extends its right-to-charge protections beyond “limited common-element parking” to “common-element parking,” which is available for use by all owners on a first-come, first-served basis. 
• This legislation prohibits associations from assessing or charging a tenant any fee for the placement of an electric vehicle charging system. The policy does not prevent an association from requiring reimbursement for the actual cost of electricity used for charging.

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Illinois’s Electric Vehicle Charging Act provides valuable context for why EVs and access to home charging are so important from a climate and equity perspective.

• Illinois encourages the urgent and widespread adoption of EVs to reduce transportation-related emissions, improve air quality, and provide safe and clean personal transportation. The law emphasizes that enabling access to home charging in multi-unit dwellings is crucial for promoting the adoption of electric vehicles. It asserts that owners and renters, regardless of parking space ownership or income level, should be able to access EV charging facilities.
• In addition to providing protections for property owners and renters to install charging equipment under reasonable conditions, Illinois’s Electric Vehicle Charging Act requires EV-capable parking requirements. That means a significant portion of parking spaces in any new or renovated residential development must be capable of electric vehicle charging.
• Unit owners can install an EV charging station in a unit parking space or common space. An association may also install an EV charger in the common area for the use of all unit owners. This is worthwhile in cases where there is limited or no designated parking space.  
• Additionally, tenants may install a Level 1 or Level 2 EV charging system on or in the leased premises, an assigned parking space, or a parking space accessible to both the tenant and other tenants.

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In Maryland, condominium or homeowner associations cannot prohibit or limit the installation or use of EV charging equipment if it is in a condominium or homeowner’s assigned parking space.

• The legislation provides that if an application to install a charger is not denied in writing within 60 days of receipt, it will automatically be deemed approved.

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Right-to-charge protections in Massachusetts apply to the city of Cambridge only.

• The city of Cambridge sets a 60-day deadline for an EV charger application to be approved or denied, after which the application is automatically approved.
• Owners cannot be charged fees for the placement of an electric vehicle charging station beyond reasonable application processing fees.

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In New Jersey, an association that manages a condominium’s facilities and common elements shall not prohibit or unreasonably restrict the installation or use of an EV charging station in a unit owner’s assigned or limited common element parking space. 

• An association may install an EV charger in the common area for the use of all unit owners.
• If a parking space does not exist, this legislation states that an association may create a parking space to facilitate the installation of an electric vehicle charging station. 
• The legislation provides that if an application to install a charger is not denied in writing within 60 days of receipt, it will automatically be deemed approved. 

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In New York, a homeowners or condominium association may not adopt or enforce any rules or regulations that would prohibit or impose unreasonable limitations on the installation or use of an EV charging station in a condominium or homeowner’s assigned parking space.

• An association may install an EV charger in the common area for the use of all condominium owners.
• If a parking space does not exist, a condominium association may create a parking space to facilitate the installation of an electric vehicle charging station.
• The legislation provides that if an application to install a charger for a home or condominium owner is not denied in writing within 60 days of the receipt, the application will automatically be deemed approved.
• New York legislation features a civil penalty for condominium associations that do not comply with the right-to-charge laws. In actions to enforce compliance, New York will cover the attorney fees and costs of the prevailing party for home and condominium owners.

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In North Dakota, associations cannot prohibit or unreasonably restrict the use and installation of an EV charging station in an owner’s designated parking space or limited common area.

• There is a deadline of 60 days for an EV charger application to be approved or denied, after which the application is automatically approved.
• There is a civil penalty for associations that do not comply with this policy. 

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In Oregon, a homeowners association may not adopt or enforce any rules or regulations that would prohibit or impose unreasonable limitations on the installation or use of an EV charging station in any parking space exclusively used by the homeowner.

• An association of unit owners may not prohibit the installation or use of a charging station installed in a unit owner’s designated or limited common element parking space.
• The legislation states that the approval or denial of an application shall be in writing within 60 days from receipt. Unlike other states, however, it is not automatically approved if it is not denied within the designated time frame.

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In Utah, associations cannot prohibit lot owners from installing a charging system in a designated or common parking space for the owner’s exclusive use. 

• There is no deadline for charging system applications and associations may charge owners “reasonable” fees associated with the installation and operation of the charging station. 

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In Virginia, condominium, homeowner associations, or other associations cannot prohibit or limit:

• A lot owner’s installation or use of EV charging equipment for personal use if it is on the lot owner’s property.
• A unit owner can install or use EV charging equipment for personal use if it is within the boundaries of that individual’s unit or in the owner’s limited common element parking space.
• A proprietary lessee’s installation or use of EV charging equipment for personal use if it is within the boundaries of that individual’s unit or in the owner’s limited common element parking space.
• Associations may require unit owners and proprietary lessees to separately meter the utilities associated with the EV charger at the unit owners’ and proprietary lessee’s sole expense.

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In Washington, a unit owner’s association cannot prohibit or limit the installation or use of an EV charger within the boundaries of a unit, in a designated parking space, or in a limited common element parking space restricted for use by one or more unit owners.

• Like California, Washington’s protections for unit owners include language that highlights alignment with state policy “to promote, encourage, and remove obstacles to the use of electric vehicle charging.”
• The legislation states that an application’s approval or denial must be in writing. If it is not denied within 60 days from the date of receipt, it is automatically deemed approved.
• Washington’s legislation prevents an association from charging a unit owner a fee for the placement of an electric vehicle charging station. That said, an association may charge a reasonable fee for processing the application to approve the installation of an electric vehicle charger, but only if such a fee exists.
• A unit owners association may install an EV charger in the common area for all unit owners.
• The legislation features a civil penalty for unit owners’ associations that do not comply with the right-to-charge laws. In actions to enforce compliance, Washington will cover the attorney fees and costs of the prevailing party for unit owners.

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This policy establishes that a common interest development shall allow the installation and repair of an EV charging station in a unit owner’s parking space.

• D.C. provides right-to-charge protections to unit owners as well as renters.
• There is a 60-day deadline for associations to approve or deny applications for EV chargers, after which the application is automatically approved.
• Associations and housing providers cannot charge owners or renters a fee for the placement or use of an EV charging port. 

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