Introduced in House Passed House Introduced in Senate Passed Senate Became Law
01/07/2020     01/21/2020  

Common interest communities; electric vehicle charging stations permitted.

Prohibits certain common interest community associations from prohibiting the installation of an electric vehicle charging station within the boundaries of a member's designated parking space, or, in the case of a property owners association, the boundaries of a lot owner's property, and sets forth provisions governing the installation and removal of such charging stations.

Date Version PDF TXT
01/15/2020 Senate: Committee substitute printed 20105734D-S1 Open
01/07/2020 Senate: Prefiled and ordered printed; offered 01/08/20 20104752D Open

            

2020 SESSION

    20105734D
    SENATE BILL NO. 630
    AMENDMENT IN THE NATURE OF A SUBSTITUTE
    (Proposed by the Senate Committee on General Laws and Technology
    on January 15, 2020)
    (Patron Prior to Substitute--Senator Surovell)
    A BILL to amend the Code of Virginia by adding sections numbered 55.1-1823.1, 55.1-1962.1, and 55.1-2139.1 relating to common interest communities; electric vehicle charging stations permitted.

    Be it enacted by the General Assembly of Virginia:

    1. That the Code of Virginia is amended by adding sections numbered 55.1-1823.1, 55.1-1962.1, and 55.1-2139.1 as follows:

    55.1-1823.1. Electric vehicle charging stations permitted.

    A. Except to the extent that the declaration or other recorded governing document provides otherwise, no association shall prohibit any lot owner from installing an electric vehicle charging station for the lot owners personal use on property owned by the lot owner. An association may establish reasonable restrictions concerning the number, size, place, and manner of placement or installation of such electric vehicle charging station on the exterior of property owned by the lot owner.

    B. An association may prohibit or restrict the installation of electric vehicle charging stations on the common area within the development served by the association and may establish reasonable restrictions as to the number, size, place, and manner of placement or installation of electric vehicle charging stations on the common area.

    C. Any lot owner installing an electric vehicle charging station shall indemnify and hold the association harmless from all liability, including reasonable attorney fees incurred by the association resulting from a claim, arising out of the installation, maintenance, operation, or use of such electric charging station. An association may require the lot owner to obtain and maintain insurance covering claims and defenses of claims related to the installation, maintenance, operation, or use of the electric vehicle charging station and require the association to be included as a named insured on such policy.

    55.1-1962.1. Electric vehicle charging stations permitted.

    A. Except to the extent that the condominium instruments provide otherwise, no unit owners association shall prohibit any unit owner from installing an electric vehicle charging station for the unit owners personal use within the boundaries of a unit or limited common element parking space appurtenant to the unit owned by the unit owner.

    B. Notwithstanding any other provision of this chapter or the condominium instruments, the unit owners association may prohibit a unit owner from installing an electric vehicle charging station if installation of the electric vehicle charging station is not technically feasible or reasonably practicable due to safety risks, structural issues, or engineering conditions.

    C. The unit owners association may require as a condition of approving installation of an electric vehicle charging station that the unit owner:

    1. Provide detailed plans and drawings for installation of an electric vehicle charging station prepared by a licensed and registered electrical contractor or engineer familiar with the installation and core requirements of an electric vehicle charging station.

    2. Comply with applicable building codes or recognized safety standards.

    3. Comply with reasonable architectural standards adopted by the unit owners association that govern the dimensions, placement, or external appearance of the electric vehicle charging station.

    4. Pay the costs of installation, maintenance, operation, and use of the electric vehicle charging station.

    5. Indemnify and hold the unit owners association harmless from any claim made by a contractor or supplier pursuant to Title 43.

    6. Pay the cost of removal of the electric vehicle charging station and restoration of the area if the unit owner decides there is no longer a need for the electric vehicle charging station.

    7. Separately meter, at the unit owners sole expense, the utilities associated with such electric vehicle charging station and pay the cost of electricity and other associated utilities.

    8. Engage the services of a licensed electrician or engineer familiar with the installation and core requirements of an electric vehicle charging station to install the electric vehicle charging station.

    9. Obtain and maintain insurance covering claims and defenses of claims related to the installation, maintenance, operation, and use of the electric vehicle charging station and provide a certificate of insurance naming the unit owners association as an additional insured on the unit owners insurance policy for any claim related to the installation, maintenance, operation, or use of the electric vehicle charging station within 14 days after receiving the unit owners associations approval to install such charging station.

    10. Reimburse the unit owners association for any increase in common expenses specifically attributable to the electric vehicle charging station installation, including the actual cost of any increased insurance premium amount, within 14 days notice from the unit owners association.

    D. The conditions imposed pursuant to this section on unit owners for installation of an electric vehicle charging station shall run with title to the unit to which the limited common element parking space is appurtenant.

    E. Any unit owner installing an electric vehicle charging station in a unit or on a limited common element parking space appurtenant to the unit owned by the unit owner shall indemnify and hold the unit owners association harmless from all liability, including reasonable attorney fees incurred by the association resulting from a claim, arising out of the installation, maintenance, operation, or use of such electric charging station. A unit owners association may require the unit owner to obtain and maintain insurance covering claims and defenses of claims related to the installation, maintenance, operation, or use of the electric vehicle charging station and require the unit owners association to be included as a named insured on such policy.

    55.1-2139.1. Electric vehicle charging stations permitted.

    A. Except to the extent that the declaration provides otherwise, no association shall prohibit any proprietary lessee from installing an electric vehicle charging station for the proprietary lessees personal use within the boundaries of a unit or limited common element parking space appurtenant to the unit owned by the proprietary lessee.

    B. Notwithstanding any other provision of this chapter or the declaration, the association may prohibit a proprietary lessee from installing an electric vehicle charging station if installation of the electric vehicle charging station is not technically feasible or practicable due to safety risks, structural issues, or engineering conditions.

    C. The association may require as a condition of approving installation of an electric vehicle charging state that the proprietary lessee:

    1. Provide detailed plans and drawings for installation of an electric vehicle charging station prepared by a licensed and registered electrical contractor or engineer familiar with the installation and core requirements of an electric vehicle charging station.

    2. Comply with applicable building codes or recognized safety standards.

    3. Comply with reasonable architectural standards adopted by the association that govern the dimensions, placement, or external appearance of the electric vehicle charging station.

    4. Pay the costs of installation, maintenance, operation, and use of the electric vehicle charging station.

    5. Indemnify and hold the association harmless from any claim made by a contractor or supplier pursuant to Title 43.

    6. Pay the cost of removal of the electric vehicle charging station if the proprietary lessee decides there is no longer a need for the electric vehicle charging station.

    7. Separately meter, at the proprietary lessees sole expense, the utilities associated with such electric vehicle charging station and pay the cost of electricity and other associated utilities.

    8. Engage the services of a licensed electrician or engineer familiar with the installation and core requirements of an electric vehicle charging station to install the electric vehicle charging station.

    9. Obtain and maintain insurance covering claims and defenses of claims related to the installation, maintenance, operation, and use of the electric vehicle charging station and provide a certificate of insurance naming the association as an additional insured on the proprietary lessees insurance policy for any claim related to the installation, maintenance, operation, or use of the electric vehicle charging station within 14 days after receiving the associations approval to install such charging station.

    10. Reimburse the association for any increase in common expenses specifically attributable to the electric vehicle charging station installation, including the actual cost of any increased insurance premium amount, within 14 days notice from the association.

    D. The conditions imposed pursuant to this section on proprietary lessee for installation of an electric vehicle charging station shall run with title to the unit to which the limited common element parking space is appurtenant.

    E. Any proprietary lessee installing an electric vehicle charging station in a unit or on a limited common element parking space appurtenant to the unit owned by the proprietary lessee shall indemnify and hold the association harmless from all liability, including reasonable attorney fees incurred by the association resulting from a claim, arising out of the installation, maintenance, operation, or use of such electric charging station. An association may require the proprietary lessee to obtain and maintain insurance covering claims and defenses of claims related to the installation, maintenance, operation, or use of the electric vehicle charging station and require the association to be included as a named insured on such policy.

    Picture Name From Date Type
    Scott A. Surovell D-Richmond Sponsor
    Bill DeSteph R-Richmond Cosponsor
    Date Branch Action
    01/21/2020 Senate Senate: Read third time and passed Senate (39-Y 1-N)
    01/17/2020 Senate Senate: Constitutional reading dispensed (38-Y 0-N)
    01/15/2020 Senate Senate: Committee substitute printed 20105734D-S1
    01/15/2020 Senate Senate: Reported from General Laws and Technology with substitute (13-Y 0-N 1-A)
    01/07/2020 Senate Senate: Prefiled and ordered printed; offered 01/08/20 20104752D
    01/07/2020 Senate Senate: Referred to Committee on General Laws and Technology
    Summary
    Congress - Bill Number Major Title
    Branch Vote Date Yes No Not Voting
    Senate 1/1/2111 12:00:00 AM 39 1 0
    Senate 1/1/2111 12:00:00 AM 38 0 0
    Senate 1/15/2020 12:00:00 AM 13 0 0
    Wiki
    Date Bill Major Title
    Committee Name
    Subject Type