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Have any HOAs (condo buildings) successfully navigated EV charging installation in a shared garage?

Started by ChrisS249 replies • 384 views

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ChrisS24 (California)
Posts: 14
Posted:
Hi all --

Our HOA is a small condo building in California with a shared garage that was constructed before electric vehicles were a thing. Every owner has a dedicated space (by deed) and there are only those spaces, no extras.

We're running into a situation where some of the owners (~dozen) are interested in wiring up their individual spaces for electric vehicle charging.

However, this idea is incredibly complicated to try to do, because:

-- Not all owners are interested in participating or paying anything to enable to garage to be wired for EVs
-- The electrical system (and space available) is such that it seems only economical to do the job once
-- If we do the wiring job now, anyone who doesn't participate is somewhat locked out of doing it in the future (for cost efficiency reasons if not for physical space limitations of the wiring, etc)

So, this has raised all sorts of questions about:

-- Whether the HOA can spend any $ in support of such a project (central wiring costs, insurance, etc) if not all owners agree, or is a vote needed
-- Who owns the wires going from a central electrical room to the individual parking spaces, and who should pay for those
-- For owners who choose not to participate now, is it "legal" that they be shut out of future enhancement of their parking space with EV charging
-- More uncertain questions like, why we should do this now versus wait for technology improvements, costs to come down?
-- Can the HOA spend "in anticipation of" future owners who didn't participating now, later wanting to participate, and recoup some of that $ from future owners?

I wonder if any HOAs have successfully navigated this slew of issues on this kind of topic? It is very difficult to add on something like this where the structure of the building or HOA did not have this in mind.

You might think that the state, if it's so interested in supporting EVs, would help with some legislation to clarify these issues, but who knows when that will ever happen. I imagine thousands of HOAs are in such a situation.

Thanks!

Ps. on other technical points, we cannot put in a common charging spot because there is no space for it, and it would be an unsatisfactory sharing arrangement -- who gets to use the spot?
SheliaH (Indiana)
Posts: 6,964
Posted:
Have you tried Googling the subject? I just did and there are a number of articles out there that provide good information to consider. If there's an electric car dealership in yourvatea, they may have done this in other communities and perhaps give you a reference to contact.

I'm on my tablet and can't copy the link to one such article (go to cleantechnica.com and look for a 2019 post on the subject)' but here are some things I think you'll need to consider

To install the charger, you'll have to use the building electric panel. That means running lines along common walks, so this may warrant an exterior change request. before you get there, You might want to establish a committee to research h what would be required and how much all this would cost

You didn't say how many homeowners are interest in this,but the condo board will be looking at cost and scalability. If homeowners want this, they should be willing to pay for it because if the charger is in their spot, they get the benefit.

The type of charger will dictate where the electricity comes from. you can't just plug this in a common outlet, you won't know how much is being used. Consider getting something that will track update so users pay and the community is automatically reimbursed son you continue to share in the buildings common electricity costs.

I suspect if this comes off, there will be an impact on the reserves because of the buildings electrical system, so homeowners may need to accept assessments will have to increase to pay for more money going into the fund. Perhaps a special assessment will be necessary to upgrade it - that affects everyone and If some people squawk, you'll have to deal with that.

All of that said, this will help the environment and maybe attract new owners, raise property values and all that. So get going with you research - have fun and good luck!

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
SheliaH (Indiana)
Posts: 6,964
Posted:
As for some of your other questions, keep in mind all of this is evolving, so your community may one that others learn from. You don't live in those communities and can't predict the future, so you have to deal with what's in front of you right now.

I don't know if this is a state of city issue (yet) because you're talking about private property. You have good questions and I think they should be addressed at a special homeowners meeting (be prepared to have more than one because there's a lot you'll need to unpack).

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
AugustinD
Posts: 3,698
Posted:
-- Citations from Davis-Stirling.com and the Civil Code appear below.

-- That only owners who obtain (via the COA) an EV charging station may be billed for this charging station is clear to me. The sections of the Civil Code saying thusly should be quoted to the EV Committee.

-- Also relevant is any covenant that states that any services provided to one unit and not all units shall be billable to this unit. Quote such covenants as well to the EV Committee.

-- You are not overthinking this. You are sparing the EV Committee would could be a grave mistake that will result in many complaints and inappropriate, large bills to people who should not be billed.

-- I think the only equitable way to do this is to have "rolling billing," re-computed say once every two years, to keep the bookkeeping costs down. For example:

By the end of Year One -- Solicit owners who want a charging station. Explain the estimated cost for initial installation. Explain that the final cost will depend on how many sign up the first year and how many sign up in subsequent years. Require a non-refundable(?) deposit of $5000 per requester. In other words, people have to commit. Start an "EV Ledger" recording how much each owner has paid in. Explain that the EV Ledger will be updated every two years as more owners agree to purchase EV charging stations for their respective units. Explain that every two years, the initial, first year owners will receive rebates consistent with the fact that more owners have purchased EV charging stations. In some years, there will be no rebate, and there may in fact be additional billing, reflecting further maintenance or upgrades, for EV purposes, on the electric panel as needed. Assume that X owners initially commit.

At End of Year Three -- Assume an additional Y owners have had EV stations installed (via the COA) in the last two years. Re-compute the initial cost per owner, using the initial fees divided by (X + Y) owners. Award rebates to the initial X owners. Bill the additional Y owners as needed.

At end of Year Five -- Assume an additional X owners have had EV stations installed (via the COA) in the last two years. Re-compute the initial cost per owner, using the initial fees divided by (X+Y+Z) owners. Award rebates to the initial X + Y owners. Bill the additional Z owners as needed.

And so on.

Of course, where EV is headed is unknown. The algorithm above may need adjustment, and such adjustment is bound to result in some unavoidable inequities. A COA does the best they can, with an eye to the statute and covenants, and so it has a good defense of anyone sues.

About how long will it take to install the "backbone" and run wire to each parking space?

Citations:
https://www.davis-stirling.com/HOME/Statutes/Civil-Code-4745
https://www.davis-stirling.com/HOME/Statutes/Civil-Code-47451
https://www.davis-stirling.com/HOME/EV-Reasonable-Expense
https://www.davis-stirling.com/HOME/Electric-Vehicle-Charging-Stations

(I first posted the above to the thread Californian KerryL1 started in mid-2021. See https://www.hoatalk.com/Search/ForumSearch/tabid/87/forumid/1/postid/306021/view/topic/Default.aspx)
ChrisS24 (California)
Posts: 14
Posted:
Thanks for all these pointers!

I wonder, have any of you (or others reading this) seen any HOAs successfully put in place rules like this? Or have referrals to HOA law firms that are knowledgeable about this sort of thing?
LetA (Nevada)
Posts: 2,679
Posted:
EV is a rapidly evolving commodity. Some if the apartment complexes I patrol have FOB activated with credit card billing chargers in designated first come first servers spaces.
The first thing you need to consider is this is a MASSIVE energy consuming project. Typical condo electric service is delivered about 120 amps per unit from the energy company and a little over for laundry rooms
and pool etc. Can your utility supply you the needed amperage?

The most efficient chargers uses 210v like a water heater, oven or cooktop. Second, service drops need to be installed from each unit to their parking space, a very daunting, time consuming and expensive
task. How are you going to prevent stealing of electricity? What chargers will you use? The additional cost of startup equipment, who will be responsible for it's upkeep, maintenance and replacement?
The increase to the reserves, increase in assessments. You may be looking at $20,000 startup cost per unit, and I don't think that is going to bode well with non EV owners

Get a free quote and go from there. Personally I would hold off until ICE's are no longer produced and everyone is forced to drive EV's, but for the DPRC lt looks like Commiefornia will be
outlawing ICE's in 12 years.
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By LetA on 01/14/2022 1:32 PM
Califonia statutes prohibit any covenant, restriction yada that prohibits charging stations. If an owner asks for a charging station, the statutes require enormous cooperation from the HOA/COA to ensure the charging station is installed.
AugustinD
Posts: 3,698
Posted:
Post-o above. Try this instead:

Quote:
Posted By LetA on 01/14/2022 1:32 PM
Personally I would hold off until ICE's are no longer produced and everyone is forced to drive EV's
Califonia statutes prohibit any covenant, restriction yada that prohibits charging stations. If an owner asks for a charging station, the statutes require enormous cooperation from the HOA/COA to ensure the charging station is installed.
KerryL1 (California)
Posts: 14,550
Posted:
Hi Chris, we cannot rec any attorneys, etc. on this forum (see rules above). There is a great deal you need to know so you do need a good HOA attorney to get you started. S/he can basically draw up an architectural guideline-type document that incorporates CA Civil Code. Get one who's experienced with this topic who'll know exactly how to plan for the long term

How many units do you have?

The first thing to know is that in CA (jeez, LetA, give it a rest), an HOA may not turn down anyone who wants an EV charging station. So your board really can't put folks off, etc. It does take time though to get all the info you need.

You should be able to get a free estimate from one or more electrical contractors to learn if you have enough juice at your garage power source, and, if not, how much it will cost to beef it up. Then, the HOA can pay to get that part handled, which is what we and some neighboring condo buildings have done.

Ours is being installed right now. The capacity is for about 40 EVs, I think. I believe 20 of us have signed up to get wiring to our deeded parking space.

Another key point is each owner who wants a charging station pays to run the electrical via a conduit to their parking space and for the station. It's locked so no one else can use it and it tells the HOA how much to charge for electricity every month.

sorry I have an HOA meeting soon and can't write anymore today. do check out the sources Augustin gave you. LetA is waaaaay off on the cost per user to get a charger up & running
TimB4 (Tennessee)
Posts: 21,059
Posted:
The best one's I have seen are those that accept credit card payments for the electricity used.

See:

One Company

another company

There are probably a lot more companies out there.

In my HOA, a town home development, we did discuss this issue. Since parking spaces were assigned, the board felt that a member could install a charging station at their cost in their assigned spaces. The member must wire the station to their electric meter and be responsible for all maintenance, repair, etc. The charging station must be removed at time of sale of the property and the parking area returned to how it was prior to the installation or the new owner must agree, in writing, to take responsibility for the station and adhere to the same terms of the agreement.

We never had anyone formally ask.

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