Renter Has Installed Charging Station Without HOA Approval

A renter in the condo building where I live has installed a 220 volt outlet in the parking garage to charge his electric car without approval from the HOA. As president of the HOA I am aware that California Senate Bill 880, states that HOA's must try to accommodate homeowners requests to install charging stations, but the homeowner must agree to numerous terms and conditions before the HOA has to give approval. I don't even know if the renter hired a licensed electrician to install the outlet, which legally he should have, and he is ignoring and refusing to give the homeowner information on the electrician he used, or provide copies of the bids that he got. I highly doubt that he got a permit either or had the installation inspected by the City of Los Angeles. I know the HOA cannot do anything to try to evict the tenant, only the homeowner/landlord can do that, but under what grounds can he evict him. I want to remove the outlet, because I don't know if it was legally installed, and the homeowner does not have the mandatory $1,000,000 liability coverage naming the HOA as additional named insured. Also, I am outraged with this renter's attitude of doing whatever he wants, whenever he wants. Any suggestions would be appreciated.

our tenant-friendly jurisdiction ( not CAL) might nevertheless allow a landlord to terminate under grounds of "interfering with the rights of the landlord / other tenants" / breach of essential condition to comply with condo corporation governance documents. A different jurisdiction in our country actually legislates direct termination of condo lease by a condo corporation without privity of contract and without prior court order, but requires a court order for contested possession. But could this be another right to fly the Blue Star scenario ?

With Kevin, Have the outlet removed and bull the owner. The outlet is not on the owner's separate interest , is it? It's in your common area? Or an exclusive use common area?

All we HOA boards in CA must do is not forbid an owner to install an outlet.

The statute that governs this is Civil Code §4745; a Senate Bill is only a proposal to enact, amend, or abolish a statute. Your interpretation is basically correct; the condo must allow a charging station but the owner must comply with many requirements.

BTW, it is not appropriate for a tenant to install a charging station as the statute imposes certain requirements on the current owner all subsequent owners.



Before rushing headlong to remove the outlet, see if it is connected to an electrical service panel on the exterior of the building and a set of breakers. If so, turn off the breakers and lock the panel so the breakers cannot be switched on again. Leave the box locked until the owner shows compliance with the requirements of Civil Code §4745. Most service panels can be locked with a padlock.

If the 220-volt outlet is not wired into a service panel accessible from outside the living quarters, then hire an electrician and notify the owner that the association will make entry into his space and remove the unauthorized electrical equipment. Since there is evidence of a violation of the building codes and an immediate threat to the community you can give as little notice as you see fit, including no notice at all.

Since there is an inherent danger in non-professionals fooling around with the electrical service in a condo setting, you need to look into evicting the tenant and sanctioning the owner. I strongly recommend seeking the advice of an attorney as this tenant may or may not have jeopardized the welfare of everyone in the entire building. At the very least I would recommend getting an injunction to prevent the owner and his tenant from doing any further work that effects the building's common elements.



Sounds like this guy has a history but you now have him by the, uh, you know. In this situation the law requires the owner to perform certain specific acts and he apparently did none of them. I do not normally recommend using the law as a club to beat people into submission, but in this case you seem to have an irresponsible owner and an irresponsible tenant and I would not hesitate for a second to bury them both under a mountain of legal bills.

Actually Melissa, per the CA statute, it would not be considered a common element and it is the full responsibility of the current and future owners of the unit. Here is part of CA Civil Code §4745 [emphasis added]

(f) If the electric vehicle charging station is to be placed in a
common area or an exclusive use common area, as designated in the
common interest development's declaration, the following provisions
apply:
(1) The owner first shall obtain approval from the association to
install the electric vehicle charging station and the association
shall approve the installation if the owner agrees in writing to do
all of the following:
(A) Comply with the association's architectural standards for the
installation of the charging station.
(B) Engage a licensed contractor to install the charging station.
(C) Within 14 days of approval, provide a certificate of insurance
that names the association as an additional insured under the owner'
s insurance policy in the amount set forth in paragraph (3).
(D) Pay for the electricity usage associated with the charging
station.
(2) The owner and each successive owner of the charging station
shall be responsible for all of the following:
(A) Costs for damage to the charging station, common area,
exclusive use common area, or separate interests resulting from the
installation, maintenance, repair, removal, or replacement of the
charging station.
(B) Costs for the maintenance, repair, and replacement of the
charging station until it has been removed and for the restoration of
the common area after removal.
(C) The cost of electricity associated with the charging station.
(D) Disclosing to prospective buyers the existence of any charging
station of the owner and the related responsibilities of the owner
under this section.
(3) The owner and each successive owner of the charging station,
at all times, shall maintain a homeowner liability coverage policy in
the amount of one million dollars ($1,000,000) and shall name the
association as a named additional insured under the policy with a
right to notice of cancellation.

Larry,

The above is NOT a covenant but STATE LAW

State law IS recorded, remember; 'Ignorance of the law is no excuse.'

CAVEAT EMPTOR

The issues really isn't if this outlet is allowed. Matter of fact, I would encourage every HOA to consider installing an outlet for their HOA.

The issue here is that the TENANT installed the outlet without permission or verifying it is installed correctly. This puts ALL the owner's at risk. Plus considering some electric car owners post their stations for other car owners to use. Something that one should investigate as this should not be for public use.

I would still lock the box out on this outlet. I would then have the board vote to allow an outlet if the owner of the unit applies and proves proper installation. I would also consider the HOA install a generally located outlet for HOA members or tenants to use instead. That way the HOA is "owner" of the outlet and can charge a "USEAGE/MAINTENANCE" fee to those who use it. The can charge like the expense of the electricity plus a maintenance fee or deposit. Let's say $50 a month and you get a key to the box. That way the WHOLE HOA members are not paying the whole bill for the few that use it. Plus can get back some of their money for installation and future maintenance.

Be careful if you lock the box. They may cut the lock. If they do, save the lock if you can and the receipt for each lock you have to buy. That can be part of your countersuit or charges to the owner.

John,

The statute, which I referred to earlier, requires that that the owner agree to certain terms that will be binding on subsequent owners. The lawyers advised to take that one step further and record the agreement so future owners could not claim that they did not know what they were obligated to do.

I think I confused you by calling the agreement a "covenant," which is the same word that Adams Kessler used.

Sue, don't your ARC Guidelines state that if ARC approval isn't sought and granted, you HOA has the right to remove the items that are in violation??

Anyway, given what you've said about this guy, spend the money for the attorney. For now, mail your violation notice to the owner and follow through with your normal disciplinary steps.

Developers of new condos HOAs around my general area are installing charging stations. Older ones like our high rise have nowhere to put an extra parking space for a common area charging station, Melissa.

In our underground garage, the spaces are deeded to owners, but they are exclusive use common areas. Our Board wouldn't hesitate granting approval for owners to install their own charging station provided Civil Code 5745 is followed exactly. No owner has wanted to go to the expense...yet.

CCC 5745 probably is enactment of the senate bill you're referring to, Sue. The web site that Tim and Larry refer to, which is wonderful for CA HOA leaders is davis-stirling.com.

Sue

It seems the real issues are one should have notified the association, had a licensed electrician install the charging station and the user post a bond.

Have you made it clear (as in a letter from the associations attorney) to the unit owner what you want such as a licensed electrician to inspect/approve it and you want the insurance added or are you just going to keep anguishing over it?

Forget the fact that the association was not asked. It is not like you could have said no.