Common interest developments: EV charging stations.
What changed between versions
Entirely new Section 4745 amendment added, bringing EV charging station regulation in common interest developments (community apartments, condominiums, planned developments, stock cooperatives) into the bill. This is a major expansion from the original bill which only touched dance studio contract law.
Assembly Member Zbur added as coauthor, indicating bicameral sponsorship of the amended bill.
Covenants, restrictions, or governing document provisions that effectively prohibit or unreasonably restrict EV charging station installation in an owner's unit or designated parking space are declared void and unenforceable.
For chargers in common areas or exclusive use common areas: owner must obtain association approval, comply with architectural standards, use a licensed contractor, provide a certificate of insurance naming the association as additional insured within 14 days of approval, and pay all installation and electricity costs.
Owner and each successive owner must be responsible for damage to property from installation/maintenance/removal, maintenance and repair costs until removal plus restoration of common area, electricity costs, and must disclose the charger's existence and related responsibilities to prospective buyers.
'Reasonable restrictions' defined as those that do not significantly increase the cost of the station or significantly decrease its efficiency or specified performance. 'Electric vehicle charging station' defined as a station compliant with the California Building Standards Code that delivers electricity from an outside source into one or more EVs.
Associations must process EV charger approval applications in the same manner as architectural modification applications. If not denied in writing within 60 days of receipt, the application is deemed approved (unless delay results from a reasonable request for additional information).
Homeowners are exempt from maintaining a homeowner liability coverage policy for an existing National Electrical Manufacturers Association (NEMA) standard alternating current power plug.
Associations that willfully violate the section are liable for actual damages plus a civil penalty of up to $1,000. In any action by a homeowner seeking to enforce compliance, the prevailing plaintiff is awarded reasonable attorney's fees.
Dance studio contract section (1812.54) received only nonsubstantive wording changes: 'Every' changed to 'Any' in subsection (a), and a redundant phrase 'he or she the student' corrected to 'the student' in subsection (b).
