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District of Columbia Code Division I. Government of District. § 6-1451. c. Electric vehicle charging port rights for condominium associations, community associations, or other common interest developments.

Current as of January 01, 2024 | Updated by Findlaw Staff

<Text of section applicable upon the date of inclusion of its fiscal effect in an approved budget and financial plan.>

(a)(1) A condominium association, community association, or other common interest development shall allow the installation and repair, at the unit owner's expense for the unit owner's own use, of an electric vehicle charging port on or within the property only in a deeded parking space or a parking space that is specifically designated for use by a particular unit owner;  except, that the condominium association, community association, or other common interest development may require that the unit owner:

(A) Complies with:

(i) Bona fide safety requirements consistent with applicable building codes or recognized health and safety standards for the protection of persons and property;

(ii) The requirement that the electric vehicle charging infrastructure be registered with the condominium association, community association, or other common interest development within 30 days after installation;

(iii) Reasonable architectural standards provisions that govern the dimensions, placement, or external appearance of an electric vehicle charging port and related wiring and signage;  and

(iv) Prohibitions on the licensing, sub-licensing, rental, or sublet of a parking space with an electric vehicle charging port installed by an owner;

(B) As a condition of the condominium association, community association, or other common interest development approving the installation of an electric vehicle charging station, agrees to:

(i) Provide detailed plans and drawings for the installation of the electric vehicle charging port, prepared and stamped or sealed by either a licensed and registered architect, professional engineer, or an electrical engineer familiar with the installation and core requirements of an electric vehicle charging port;

(ii) Engage the services of either a licensed and registered journey electrician, master electrician, or an electrical engineer familiar with the installation and core requirements of an electric vehicle charging port for the installation, maintenance, and removal of the electric vehicle charging port;  and

(iii) Be responsible for all costs associated with the installation and use of the electric vehicle charging port, including:

(I) The actual cost of electricity associated with the charging port;  and

(II) The cost of damages to common elements subject to the exclusive use of the other unit owners, members, shareholders, or homeowners that results from the installation, use, maintenance, repair, removal, or replacement of the electric vehicle charging port;

(C) If an electric vehicle charging port is to be placed in a common element or exclusive use common element, as designated by the condominium association, community association, or other common interest development:

(i) First obtain written approval from the condominium association, community association, or other common interest development to install the electric vehicle charging port;

(ii) Agree to the reasonable reimbursement of electricity usage;  or

(iii) Agree in writing to:

(I) Comply with the condominium association, community association, or other common interest development's architectural standards for the installation of the electric vehicle charging port by submitting the appropriate design plan or other technical documentation prepared and stamped or sealed by a registered architect, professional engineer, or electrical engineer;

(II) Engage a duly licensed and registered journeyman electrician, master electrician, or electrical engineer familiar with the installation and code requirements of an electric vehicle charging port;

(III) Provide a certificate of insurance that names the condominium association, community association, or other common interest development as an additional insured party under the unit owner's insurance policy;

(IV) Pay for both the costs associated with the installation of and the electricity usage associated with the electric vehicle charging port;  and

(V) Provide a certificate of insurance naming the condominium association, community association, or other common interest development as an additional insured or shall reimburse the association for the cost of an increased premium attributable to the electric vehicle charging port;

(D) Remove an electric vehicle charging port and restore the premises to the condition before the installation of the electric vehicle charging port before the unit owner may transfer ownership of the premises, unless the prospective buyer of the premises accepts ownership, in writing, of the electric vehicle charging port and all the rights and responsibilities associated with ownership under this section;  and

(E) After the installation of the electric vehicle charging port, that the unit owner, and each successive unit owner of the electric vehicle charging port, be responsible for:

(i) The costs for the maintenance, repair, and replacement of the electric vehicle charging port until it has been removed and for the restoration of the common area after removal;

(ii) Disclosing to prospective buyers the existence of charging port of the owner and the related responsibilities of the owner under this section;

(iii) Disclosing to prospective buyers whether the electric vehicle charging port is removable and an intent to remove the port in order to install it at their new place of residence;

(iv) The costs for damage to the electric vehicle charging port, common area, limited common area, or separate interests resulting from the installation, maintenance, repair, removal, or replacement of the charging port;  and

(v) The cost of electricity associated with the electric vehicle charging port, including a requirement to connect the electric vehicle charging port to their own electricity utility account unless the licensed contractor performing the installation deems that to be impossible, in which case, the condominium association, community association, or other common interest development shall connect the electric vehicle charging port to the common electricity account but may require reasonable reimbursement to the condominium association, community association, or other common interest development for the electricity usage.

(2) A recorded or unrecorded covenant, restriction, or condition contained in a deed, contract, security interest, or other instrument affecting the transfer or sale of interest in a condominium association, community association, or other common interest development, and a provision of a governing document that effectively prohibits or unreasonably restricts the installation or use of an electric vehicle charging port within a unit owner's unit or a designated parking space, or is in conflict with this section, shall be void and unenforceable.

(b) A condominium association, community association, or other common interest developments shall enact processes or procedures for the installation, operation, maintenance, and removal of an electric vehicle charging port.

(c)(1) If approval by the condominium association, community association, or other common interest development is required for the installation, repair, or use of an electric vehicle charging port, the condominium association, community association, or other common interest development shall process and approve the application in the same manner as an application for approval of an architectural modification to the property, and the condominium association, community association, or other common interest development shall not unreasonably avoid or delay the adjudication of the application.

(2) The approval or denial of an application under this section shall be in writing.

(3) If an application is not approved or denied in writing within 60 days after the date of the receipt of the application, the application shall be deemed approved unless the delay is the result of a reasonable request for additional information or exigent circumstances.

(d) A condominium association, community association, or other common interest development may reject a unit owner's application if the unit owner fails to meet requirements set forth in guidelines consistent with this section for the installation of an electric vehicle charging port;  except, that the condominium association, community association, or other common interest development shall allow the unit owner to cure defects in the application or required documentation and resubmit the application for approval.

(e) The condominium association, community association, or other common interest development shall not assess or charge the owner fee for the placement of an electric vehicle charging port except for a reasonable fee for processing the application that is consistent with those assessed or charged for applications for approval of architectural modifications.

(f) A condominium association, community association, or other common interest development may install an electric vehicle charging port in the common element for the use of all unit owners and members of the association, in which case, the condominium association, community association, or other common interest development shall develop appropriate terms of use for the electric vehicle charging port, including the cost of electricity associated with individual use by unit owners.

(g) A condominium association, community association, or other common interest development shall be responsible for the costs of removing an electric vehicle charging port that is in the common element and available for use by all unit owners, if reasonably necessary for the repair, maintenance, or replacement of property of the association or of separate interests initiated by the association.

(h) A condominium association, community association, or other common interest development may create a new parking space, consistent with applicable building permitting requirements, where one did not previously exist to facilitate the installation of an electric vehicle charging port.

(i) DOB shall fine a condominium association, community association, or other common interest development that willfully violates this section an amount not to exceed $1,000 for each 60-day period that the reported violation is not brought into compliance with this section.  A condominium association, community association, or other common interest development may appeal an enforcement action taken pursuant to this section to the Office of Administrative Hearings.

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Cite this article: FindLaw.com - District of Columbia Code Division I. Government of District. § 6-1451. c. Electric vehicle charging port rights for condominium associations, community associations, or other common interest developments. - last updated January 01, 2024 | https://codes.findlaw.com/dc/division-i-government-of-district/dc-code-sect-6-1451-03c/

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