Charging Your Electric Vehicle At Your Condo: There Are Two Ways For Associations to Address Electric Vehicle Charging

EV Charging in Florida Condo Buildings and Communities is much more involved than having a Charging Outlet installed in the garage of your Single-Family Home. Since 2018, Florida's Condominium Act (FS Chapter 718) has addressed EV Charging considerations for COAs, adding another couple levels of regulation to the installation of Charging Outlets and Stations on the Association's Shared Property.

We are building on the basics presented in that earlier article, so you may want to re-familiarize yourself with Level 1 (120-Volt), Level 2 (240-Volt), and Level 3 (DC Fast Charging). Here is a direct link: EV Charging - An Overview Of Residential Installations ( https://thefloridarealestateblog.com/f/ev-charging---an-introduction-to-residential-installations ).

Due to the differences in how COAs and HOAs function and are regulated in Florida, this discussion only applies to Condominium properties and Associations, not HOA-Governed Communities.

There are 2 ways for Condominium Associations to address Electric Vehicle Charging on its Shared Parking and Garage Common Elements:

• An Electrical Service Outlet at an Individual Owner's Deeded or Assigned Parking Space in the Building's Garage, Carport, or Open Parking Area
• A Freestanding Charging Station installed in a shared, paved area for the use of all owners

Florida Statute 718.113(8) is already in place to address individual owners wanting to install Electrical Service for EV Charging at their Assigned Parking Spaces. Here is a link: Chapter 718 Section 113 - 2023 Florida Statutes - The Florida Senate ( www.flsenate.gov ) - https://www.flsenate.gov/Laws/Statutes/2023/718.113

The main points include:

• An Association cannot prohibit owners from installing EV Charging Outlets at their Assigned Parking Spaces
• Installation cannot cause irreparable damage to any common element/area
• Electrical Service to the Individual Outlet must be Separately Metered for that owner to pay for Electricity used
• The Unit Owner must pay ALL Installation, Operation, Maintenance, Repair and Future Removal Costs
• Installation must comply with ALL Federal, State, and Local Regulations and Permitting Requirements

The Association has the Authority to Require Individual Owners to:

• Comply with any Building or Property Architectural and Appearance Standards
• Use a Licensed Contractor who is familiar with (and capable of) installing EV Charging Stations
• Provide a Certificate of Insurance naming the Association as an Additional Insured Party
• Reimburse the Association for any increase in the Property's Insurance Premium which is directly attributable to EV Charging Station Installation and use

For interpretation and application to specific circumstances, you must speak with a Florida-licensed attorney.

For individual parking space installations, the primary consideration is where to tap into the property's existing electrical service. EV Experts universally support Individual EV Outlets on Dedicated Separate Circuits and Breakers from a Main Service Panel so as not to Overload an Existing Circuit. This applies to outlets for either Level 1 (120 Volt) or Level 2 (240 Volt) Charging. Be aware that Running Power from one of the Property's Electrical Panels all the way to an Individual Parking Space can be very expensive.

Safety Considerations, Code Requirements, and Association approval will depend on whether Assigned Individual Owner Parking is Open-Air, Light Duty Carport, Masonry Constructed Carport with Structural Roof, the Building's Shared Garage, or Separate Individual Garage.

If you are an EV Driver and Florida Condo Owner who would like to install a Charging Outlet at your Assigned Parking Space, start by contacting your Board of Directors to ask them how to proceed. They will likely have you go through the Management Office for Permit and Installation Details, though always start with the Board.

There we are - a quick introduction to the basics of Condo Owners installing EV Charging Outlets at their Own Assigned Parking Spaces. FS Chapter 718 gives them the right to do it, though there are multiple Regulatory, Administrative, and Safety Considerations that must be met.

When a Condominium Association decides to install a Charging Station for the shared benefit and use of ALL Owners, things work a bit differently. To start, an Onsite Charging Station becomes another Common Element with Undivided Ownership by ALL Association Members (Unit Owners). In this case, COA Money will be used to purchase the equipment and pay for Installation, Maintenance, Repairs and Future Upgrades of the Association-Owned EV Charging Station.

The Condominium Act already states that installing a Charging Station on COA common property "...does not constitute a material alteration or substantial addition to the common elements or association property." However, a Shared Charging Station for the use of all owners cannot be paid for with accumulated Reserve Funds. The money must come from an Operating or Contingency Account, Special Assessment to ALL Owners, or Bank Loan.

It is important to note that it doesn't make much sense to install a Level 1 (120-Volt) Station for shared use by multiple owners. Level 2 (240-Volt) Charging which provides Faster Charge Rates and can have 2 simultaneous users is definitely preferred and recommended. Level 3 Charging on Residential Condominium Property is probably far too expensive to be a reasonable option since it is mostly used in Commercial and For-Profit Locations. See my previous article for the differences.

The decision on whether to have EV Owners install Charging Outlets at their own Parking Spaces, or for the Association to install a Shared Higher-Capacity Charging Station for the use of ALL Owners is one that involves quite a few "moving parts" and requires well-informed evaluation before proceeding.

Here are some questions and discussion points for Boards and Associations to consider when thinking about a shared charging station on the property:

• How many current owners are EV Drivers? How many future Owners might be EV Drivers?
• 2023 Estimates indicate less than 3% of Vehicles on U.S. Public thoroughfares are EVs.
• Will the Board also be proposing the installation of a Gas Station on the Property for Non-EV Owners? (A little sarcasm there.)
• Where will the COA's Shared Charging Station be located? Will some Guest Parking be changed to Charging-Only Spaces?
• Will Guests, Visitors, and Tenants be allowed to use it?
• How will the Association pay for the Purchase and Installation? (In Florida, Reserve Funds cannot be used to pay for a new amenity like a Charging Station)
• Ongoing Maintenance will be a budgeted cost to ALL Owners. A service contract with the charging station manufacturer is the best way to handle maintenance and repairs.
• Can the Association's Not-For-Profit Corporation make any money from User Fees?
• What is the best way for Individual Owners to pay for the Electricity used Per Charge? "Smart" Charging Stations with Cell Phone App, Credit Card Links, and Login Access are advised. Billing through a Unit Owners Association Assessments (Dues, Fees) Payment Account is definitely NOT recommended.
• If the COA installs a Shared Charging Station for ALL Owners, will Individual Charging Outlets at Owners' Parking Spaces also be allowed?

EV Charging Capacity is an increasingly sought-after amenity by Florida Condo Buyers. In time, it is possible that having Onsite Charging capability will become a desired feature contributing to many buying decisions. Though any rate of increase in future demand cannot be determined or assumed at this time.

As mentioned above, the initial installation involves many layers of approval - Board Administration, Owner Input, County or City Permitting, Safety Considerations, and Location Planning.

Florida Condominium Boards should already be addressing EV Charging Capability and Capacity in their Parking Garages, Lots, and Paved Common Areas. Good Business Practice suggests that they gather as much information as possible prior to making a decision and starting installation. Boards need to ask questions and receive input from the Property Manager (or Management Company), Individual Owners, Charging Station Manufacturers, Local Licensed Electrical Contractors, and City or County Permitting Departments.

Editor's Note: Christopher Carter is NOT an attorney. He does not give legal advice. For interpretation and application to specific circumstances of anything you read in this article, you must speak with a Florida-Licensed attorney.

There are many options for condo associations to look into for their residents, such as:

• https://apogeechargingsolutions.com/enabling-electric-vehicle-charging-for-condominiums/
• https://www.chargepoint.com/solutions/apartments?utm_source=google&utm_medium=cpc&utm_campaign=%20CP-Nat-Remarketing-Search&_bt=678500898176&_bk=ev%20charging%20solution&_bm=p&_bn=g&gad_source=1&gclid=EAIaIQobChMIoZve6K_ghAMV6KJaBR3bkQa3EAMYASAAEgLJSPD_BwE

Take time to review options available that best fit your buildings needs and how these options could even generate income for your property.

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