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JackH12 (California)
Posts: 13
Posted:
Hi All... I'm new to the site. I'm in a CA HOA. We have an owner who parks their car and charges it every night with an electric car charger in the HOA garage. The charger is plugged into the garage electricity outlet. He is obviously using the HOA's electricity so the HOA is paying his bill.

1) How do we determine the fees he should pay for this electricity?

2) Second, does he need HOA approval for this charger (which clearly makes some people uncomfortable) or just the Board?

3) Davis Stirling says he needs HOA approval, but I'm not sure his charger qualifies. Are there different type of chargers that require different approvals?

Thank you.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Yes he should have asked permission before installing. This would NOT be a "Fee" thing. Part of the allowing of the car charger is agreeing to pay for the electricity for it. If your HOA is able to determine the useage. Which could be a comparison of past bills to the date of installation. Then you all can agree to have them responsible for that cost if they have the charger.

It is still sticky legal area if you can deny the installation of this equipment. However, I would approve it but make an agreement that says above the HOA dues whoever installs extra equipment like this is responsible for that cost. Which is still hard to prove but I would definetely do the difference in utility bill and then round the number to like $25. Make sure this is a new rule added in the by-laws and then to the CC&R's when your HOA gets around to updating.

Former HOA President
TimB4 (Tennessee)
Posts: 21,059
Posted:
Jack,

Is this a permanently mounted charging station or a portable station?

TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By JackH12 on 03/13/2013 11:08 PM

1) How do we determine the fees he should pay for this electricity?

Best option would be to have the station wired to the members meter (at the members expense). Then there would be no need for the Association to make that determination.

Second option would be to have a power meter installed which the Association or the Power Company uses to determine the amount.

Third option would be to instal a temporary meter on that line and determine the average monthly amount. Then charge a set fee and hope it's enough to cover.

Quote:
Posted By JackH12 on 03/13/2013 11:08 PM

2) Second, does he need HOA approval for this charger (which clearly makes some people uncomfortable) or just the Board?

HOA approval is not the same as "membership" approval.
The HOA is the Association.
Powers and authority of the Association are exercised by the Board of Directors.
Therefore, HOA approval would simply be approval from the Board and/or an Architectural Committee if one exists (it will depend on your governing documents)

Quote:
Posted By JackH12 on 03/13/2013 11:08 PM

3) Davis Stirling says he needs HOA approval, but I'm not sure his charger qualifies. Are there different type of chargers that require different approvals?

The Chargers I've seen require 220 volt supply line on their own dedicated circuit.

Per Davis-Stirling electric charging stations web page:

Owner Requirements. If a homeowner wants to install an EV charging station in a common area or an exclusive use common area (his parking space), he must meet applicable health and safety standards and requirements imposed by state and local authorities as well as all other applicable zoning, land use or other ordinances, or land use permits. (Civ Code §1353.9(c).) In addition, he must obtain HOA approval and agree in writing to the following (Civ. Code §1353.9(f)(1)):

1) Comply with the association's architectural standards.

2) Use a licensed contractor to install the station.

3) Within 14 days of approval, provide a certificate of insurance that names the common interest development as an additional insured under the homeowner's insurance policy.

4) Pay for electricity usage associated with the station.

Duties & Liability. The homeowner and each successive homeowner of the EV charging station shall be responsible for all of the following (Civ. Code §1353.9(f)(2)):

Damage. Damage to the station, common areas, exclusive common areas, or adjacent units resulting from the installation, maintenance, repair, removal, or replacement of the station.

Maintenance. Maintenance, removal, repair, and replacement of the electric vehicle charging station until it has been removed from the common area or exclusive use common area.

Electricity. Electricity associated with the station.

Disclosure. Disclosing the EV charging station to buyers and the related responsibilities of the homeowner.

Insurance. Maintain an umbrella liability coverage policy in the amount of one million dollars ($1,000,000) covering owner's obligations and naming the HOA as an additional insured under the policy with a right to notice of cancellation. (Civ. Code §1353.9(f)(e).)

JohnB26 (South Carolina)
Posts: 1,569
Posted:
The charger is plugged into the garage electricity outlet. He is obviously using the HOA's electricity so the HOA is paying his bill.


1) the wall receptacle is most likely 115 VAC
2) there ARE 'electric' vehicles which use a 110-120 VAC cord to charge

clever fellow finding a 'loophole'

10 Amp draw for 10 hours = 1 KWH,
probably draws an 'average' 5 Amp for 8 hour = .4 KWH per charge
~ down my way that would be 9.6 cents per KWH
so, worst case = 9.6 cents x 30 days = $2.88 per month

if your docs give the BOD powere to promulgate rules and regs governing common areas ~ make a rule

if the spot is 'deeded' ~ remove that receptacle

or - allow 110 VAC usage

why don't you just have the user buy doughnuts occasionally?
LarryB13 (Arizona)
Posts: 4,099
Posted:
John,

I think your math is wrong.

Watts are volts times amps. 10 amps at 120 volts are 1200 watts. Using those watts for one hour would equal 1200 watt-hours or 1.2KWH.

Using the charger for 8 hours at that rate would use 9.6 KWH. 30 days of that would be 288 KWH. If the charge for power is 9.6 cents per KWH, the monthly cost would be $27.65.

It would not be unreasonable for the association and the car owner to agree on a price for their use of electricity in the garage.
LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By JackH12 on 03/13/2013 11:08 PM

1) How do we determine the fees he should pay for this electricity?

You will need to know how many amps the charger draws and how many hours per month they will have it plugged in. The formula is then:
KWH expense = (amps times volts times hours / 1000) times rate per KWH

This will provide you with a base figure and it would not be unreasonable to add a few bucks for providing the owner with the convenience of the outlet and to cover possible maintenance costs.

Quote:
Posted By JackH12 on 03/13/2013 11:08 PM

2) Second, does he need HOA approval for this charger (which clearly makes some people uncomfortable) or just the Board?

Unless your declaration or state law mandates a vote by the members, this is a policy decision that should be made by the board. Since electric cars are in vogue once again, you should be looking at not only this current situation but establishing a policy for additional electric cars in the future. My reading of D-S says that since 1-1-2012, the association must allow electric car chargers, so those who are not comfortable with the idea need to learn to live with it. My reading also indicates that you cannot prohibit EV charging but that you can impose some reasonable rules.

Quote:
Posted By JackH12 on 03/13/2013 11:08 PM

3) Davis Stirling says he needs HOA approval, but I'm not sure his charger qualifies. Are there different type of chargers that require different approvals?

Not being a big fan of electric cars, I know little about the various kinds of chargers. My understanding is that an "elctric vehicle charging station" is essentially something that is permanently installed on the premises but that some cars have built-in chargers that require nothing more than a standard 110-volt outlet. D-S seems to be oriented more toward the charging station approach, but it does provide that the owner needs to pay for the power he uses regardless of the charging method.

The most bothersome thing I saw in D-S is a requirement that the owner of an EV charging station have $1,000,000 in liability insurance. That seems to be a bit much for just plugging a toaster on wheels into an existing outlet.

See http://www.davis-stirling.com/MainIndex/ElectricVehicles/tabid/2988/Default.aspx#axzz2NXwLFjui

I think the owner needs association approval and some sort of written agreement to plug his car into the association's outlets. If nothing permanent is being installed or I just cannot see any reason for going off the deep end to meet all the D-S requirements.
JohnB26 (South Carolina)
Posts: 1,569
Posted:
LarryB13;

OOPS ~ you are correct

i was off by a factor of 10

@ $25-30 per month it IS an issue

ps. re: liability ~ lithium ion battery electrolyte is HIGHLY FLAMMABLE

see: Boeing aircraft fires
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Like them or not, electric cars are the wave of the future. It would behoove any association to address the situation now, especially those associations that "share" anything. Otherwise look for extension cords snaking all around and/or the association paying for the electricity usage, not to mention unsafe/fire hazard installations. I can see a building burning down as someone did something wrong.

As we are standalone homes, overall the subject is not of much interest to us other then from an aesthetics point of view but still one we should at least discuss.

JackH12 (California)
Posts: 13
Posted:
It is a portable charger plugged into the garage outlet.
JackH12 (California)
Posts: 13
Posted:
Just logging on now and seeing all the responses -- THANK YOU! This was all very helpful.
DaveD3 (Michigan)
Posts: 796
Posted:
Quote:
Posted By JohnC46 on 03/14/2013 3:23 PM
Like them or not, electric cars are the wave of the future. It would behoove any association to address the situation now, especially those associations that "share" anything. Otherwise look for extension cords snaking all around and/or the association paying for the electricity usage, not to mention unsafe/fire hazard installations. I can see a building burning down as someone did something wrong.

As we are standalone homes, overall the subject is not of much interest to us other then from an aesthetics point of view but still one we should at least discuss.


Agreed!
The board should address the issue now and establish a rule addressing the use of charging stations.

One significant issue is the loading of the circuit in question. At best, it's a 20 Amp circuit that's intended for utility usage here & there. i.e. It wasn't designed with the capacity to handle several high-demand devices (vehicle chargers) at once. Get more than a couple of people wanting to draw off the same circuit and you'll surely have issues with breakers tripping.

I would suggest requiring the owner pay for the installation of a dedicated, metered outlet on its own circuit. It won't be cheap though.
LauraR5 (Tennessee)
Posts: 220
Posted:
Whatever you choose, someone (the HOA or homeowner) needs to make sure there is insurance coverage on that charger. $1,000,000 sounds like a good start. There was an article on here a few weeks ago about an EV charger shorting out and burning down some condos. That right there soured me to them, but we've got to count on some homeowners having them and if we have to permit TV satellites, I'm sure charging stations are next.

Do your homework on the insurance. I'd be inclined to say the homeowner has to pay it, but I'm frightened to think what happens if he lets it lapse.

LauraR5 (Tennessee)
Posts: 220
Posted:
http://www.marinscope.com/novato_advance/article_5ead14a2-86af-11e2-90a5-0019bb2963f4.html
LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By JohnC46 on 03/14/2013 3:23 PM
Like them or not, electric cars are the wave of the future. It would behoove any association to address the situation now, especially those associations that "share" anything. Otherwise look for extension cords snaking all around and/or the association paying for the electricity usage, not to mention unsafe/fire hazard installations. I can see a building burning down as someone did something wrong.

As stated above, my initial reaction to Davis-Sterling's requirements were that they were overkill for just one guy plugging in a portable charger. But as John and others have pointed out the whole situation could get out of hand quickly, especially if multiple owners are trying to tap into the same circuit.

My new suggestion to Jack, the OP, would be to cut nobody any slack as there are too many disasters waiting to happen. Follow D-S to the letter so your butt is covered when the inevitable problem arises. Allow the owner to hire a licensed electrician to install his own charging station complete with the required insurance.

BTW, in my opinion electric cars are a fraud. The promise of no pollution is a lie. The pollution is merely transferred from the vehicle to a power plant in some distant part of the country. If everyone in Southern California drove an electric car, places like Page, Arizona would be the smog capitol of America because that's where the power is generated. LA gets clean air while the Navajos choke on the pollution.

JackH12 (California)
Posts: 13
Posted:
Thanks again for all the useful feedback. I'm still unclear if the Davis Stirling requirement for the insurance policy of $1,000,000 is required for a portable charging machine? Is there confirmation one way or another on this point? I would want the owner to get this, but unsure if I can request that if it's a portable charger...
TimB4 (Tennessee)
Posts: 21,059
Posted:
I don't think it applies. As the portable charger is not a "charging station" which is defined Civil Code §1353.9 as:

(d) For purposes of this section, "electric vehicle charging station" means a station that is designed in compliance with the California Building Standards Code and delivers electricity from a source outside an electric vehicle into one or more electric vehicles. An electric vehicle charging station may include several charge points simultaneously connecting several electric vehicles to the station and any related equipment needed to facilitate charging plug-in electric vehicles.

LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By TimB4 on 03/16/2013 12:53 AM
I don't think it applies. As the portable charger is not a "charging station" which is defined Civil Code §1353.9 as:

(d) For purposes of this section, "electric vehicle charging station" means a station that is designed in compliance with the California Building Standards Code and delivers electricity from a source outside an electric vehicle into one or more electric vehicles. An electric vehicle charging station may include several charge points simultaneously connecting several electric vehicles to the station and any related equipment needed to facilitate charging plug-in electric vehicles.


Tim,

I am inclined to agree with you that the portable charger plugged into a wall outlet in front of the car is not a "charging station."

The problem, as others have pointed out and I have to agree, is what happens when the next guy shows up with an EV? At some point the circuit will become overloaded. If they are lucky, the circuit breaker pops before any damage is done, but I have seen too many do-it-yourselfers try to get around popping circuit breakers that an electrical fire will not be far behind.

As burdensome as it is on the car owner, the association would be best to follow D-S to the letter. I agree that this would be a non-issue in a single-family-home community but when shared resources are involved the association has a duty to protect its members and its assets. D-S provides an avenue to accommodate the EV owner while preserving the shared resources.

If the EV owner wants to charge his car in the communal garage, let him install a charging station at his own expense and provide the association with the required insurance.

I hate to be a hardcase on this and have no doubt that the association can accomodate that one EV without making the guy jump through hoops. The problem, as stated above, will occur when the second EV shows up. The association may not even know about the second one until the fire trucks show up.

JohnC46 (South Carolina)
Posts: 14,265
Posted:
I am not nor do I play a lawyer.

What say something along the lines of a personal vehicle charging station can only be plugged into a plug that was installed by a licensed electrician. The plug can only be used for the designated vehicle charging unit. The plug must have its own circuit breaker and power meter to record/gauge usage.

The association ARB and/or BOD must approve any such request.

There might could be some required liability insurance issues.

How the billing would be handled could vary quite a bit and be very dependent on the actul association and in some cases maybe even direct billing from the power company to the user.

All cost for the above will be the responsibilty of the charging station owner.

Seems on the fair and safe side for all.

TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By LarryB13 on 03/16/2013 2:10 AM

The problem, as others have pointed out and I have to agree, is what happens when the next guy shows up with an EV? At some point the circuit will become overloaded . . .

Yep, I agree there is a potential problem in allowing this to continue.

I was just answering the question asked as I had already provided links to the davis-stirling page and offered other opinions based on the initial question earlier in the thread.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
I read the link to Davis Sterling that Tim posted.As much as I dislike D-S, there posting on charging stations seems to be fairly on the mark.

I think if an association wanted to get ahead of the curve and open discussions then a version of D-S would be a good starting point.

JackH12 (California)
Posts: 13
Posted:
THANK YOU TO ALL WHO RESPONDED - this information has been very helpful. What a great forum.
KellyM3 (North Carolina)
Posts: 2,239
Posted:
Hi Jack,

Welcome to the forum.

1. The HOA will need some small reimbursement for electrical use by the car owner.

2. The HOA will need some waiver of liability should the charger blow up the car while it's plugged into your wall

3. Electric cars, in some areas, are a trend that will grow.

I don't see a big issue here, just a few measures to be taken to bring the logistics of electric car maintenance into the HOA operational fold, if both sides will collaborate.

Otherwise, remove the electrical outlet...

Anyone who's forking over the premium price for an electrical vehicle isn't doing it to steal electricity and will have resources to reimburse the nominal electric fee. The power company can assist with that. There doesn't have to a losing side in this issue.
DaveD3 (Michigan)
Posts: 796
Posted:
Quote:
Posted By TimB4 on 03/16/2013 12:53 AM
I don't think it applies. As the portable charger is not a "charging station" which is defined Civil Code §1353.9 as:

(d) For purposes of this section, "electric vehicle charging station" means a station that is designed in compliance with the California Building Standards Code and delivers electricity from a source outside an electric vehicle into one or more electric vehicles. An electric vehicle charging station may include several charge points simultaneously connecting several electric vehicles to the station and any related equipment needed to facilitate charging plug-in electric vehicles.


I think it does apply, Tim.
With the exception of not knowing what the California Building Standards Code specifies, a portable charger does everything else described.

The only difference a portable charger plugged into a 110V outlet makes is this:
(4) A homeowner shall not be required to maintain a homeowner liability coverage policy for an existing National Electrical Manufacturers Association standard alternating current power plug.

So if he's plugging into an existing outlet, he doesn't need the $1 million liability coverage (a silly lapse of judgement by the D-S author, imho). Everything else, I see as being applicable (in my "I'm not a lawyer and am thankful to not live in CA" world).

Meter it, charge for electricity.
LetA (Nevada)
Posts: 2,679
Posted:
QUESTION!!! is this a condo or single family home HOA?
If it is a condo HOA the BOD can vote to install a EV charging station "the ones that take a credit card" to activate and charge.
There may be some versions that have an electronic RFID tag that the user swipes and the HOA can bill the user for
power consumed.
TimB4 (Tennessee)
Posts: 21,059
Posted:
4 year old thread reactivated to post spam.

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