Charging stations are a necessary part of owning an electric vehicle (EV). Charging stations may be publicly available or installed privately on someone’s property. Homeowners’ Associations (HOAs) in Arizona may restrict the installation of such stations, but this might not be the best idea.
As EVs have become more popular, states have had to adjust laws regarding charging stations. Many states have enacted “right to charge” laws that prohibit HOA and condo boards from banning the installation of EV charging stations. While these laws are not yet enacted in Arizona, it may be wise for HOAs to get on board before they are left behind.
Call our Arizona association governance attorneys at Halk, Oetinger, and Brown at (602) 759-9205 for a confidential legal review.
Should Arizona HOAs Adopt EV Charging Stations in Their Communities?
Homeowners with electric vehicles need a place to charge up, and they will install one themselves if the HOA ignores the issue. Adopting EV charging stations within a community can help homeowners with electric vehicles without modifying individual homes to accommodate charging stations. It is better for HOAs to get out in front of the issue and provide charging stations they can control and maintain rather than leave the issue up to individual homeowners.
Can an Arizona HOA Say No to an EV Charging Station?
Charging stations for electric vehicles can take up space and may pose various complications for existing communities. While it is possible for HOAs to restrict EV stations, doing so might not be the wisest idea.
Banning or Restricting EV Charging Stations
In Arizona, it is legal for HOAs to ban or restrict the use of EV charging stations in communities. An HOA may enforce covenants, conditions, and restrictions (CC&Rs) that ban homeowners from installing private EV charging stations on their property.
Right to Charge Laws
Multiple states have passed “right to charge” laws in recent years. These laws prohibit HOAs and condo boards from banning the installation of EV charging stations. Whether HOAs or condo boards can restrict EV charging stations, and to what extent these restrictions may apply, will vary from state to state.
While Arizona does not have a right to charge law, this may change. As electric vehicles become more popular, and more homeowners need access to EV charging stations, Arizona HOAs may find it best to adopt EV charging stations rather than ban or restrict them.
Can a Homeowner Install a Private EV Charger in an Assigned Parking Space?
If an HOA does not adopt EV chargers for the community, individual homeowners may take steps to install chargers on their own.
Assigned Parking
If parking is provided in a common lot or garage, homeowners may try to install chargers in their assigned spot. This is not illegal, but it may or may not conflict with HOA CC&Rs. If homeowners in your community want to install charging stations in assigned parking spots, double-check your community’s CC&Rs with our Arizona association governance attorneys.
Private Property
HOAs have somewhat less authority over what a homeowner may install on their private property. While significant property modifications must comply with CC&Rs, installing a charging station in a private driveway or garage might be beyond the HOA’s authority.
Who Pays for EV Charger Installation, Electricity, Repairs, Insurance, and Damage?
Installing EV chargers can be expensive and often requires permits and approval from state and local governmental entities. Exactly who pays depends on how the stations are installed.
Individual Homeowners
If a homeowner installs an EV charging station on their private property, such as in their own driveway or garage, they are likely solely responsible for the costs. They must also secure any permits required before installation.
HOA Boards
If an HOA board decides to adopt charging stations for the entire community, the HOA may be responsible for the upfront costs of installation. For example, if your HOA plans to add multiple EV charging stations to a parking lot open to all HOA members, the HOA board will likely foot the bill.
HOA Assessments
If HOAs adopt EV charging stations in their communities, they may have to pay the upfront costs, but they can recover these costs through ordinary HOA assessments. Assessments represent the cost of providing and maintaining various community amenities, including EV charging stations.
Can the HOA Require Architectural Approval for EV Charging Stations?
HOAs regularly require architectural approval for exterior modifications of homes. If a homeowner wishes to install an EV charging station on their private property that would modify their home’s exterior, the HOA may require approval, depending on what the HOA’s CC&Rs say.
Can an Arizona HOA Limit Common-Area EV Charger Use?
Yes. If EV charging stations are installed in common areas and available for use by all homeowners with electric vehicles, the HOA may limit how these stations are used. HOA restrictions should be reasonable. While Arizona does not have “right to charge laws,” an HOA should avoid overly restricting access to EV chargers.
What Should an HOA EV Charger Policy Include?
An HOA’s EV charger policy should include very clear requirements for how and where charging stations may be installed. It is also a good idea to include information about insurance and liability, electrical capacity limits, and how electricity billing is decided.
What Should Condo Boards Watch Out for Regarding EV Charging Stations?
Condo boards should watch out for CC&R language that may completely ban EV charging stations in their communities. If Arizona enacts “right to charge: laws, HOAs that have banned EV chargers will have to update their policies to accommodate EV drivers.
Condo boards should also be wary of how the installation of EV chargers fits with existing HOA laws. To accommodate new charging stations, HOA or condo boards may need to update CC&Rs to reflect installation requirements, liability concerns, insurance requirements, and other important issues involved in EV charging stations.
Contact Our Arizona Association Governance Lawyers with Questions About EV Chargers
Call our Arizona association governance attorneys at Halk, Oetinger, and Brown at (602) 759-9205 for a confidential legal review.
