Bottom Line Up Front: California law strongly protects homeowners’ rights to install EV charging stations in their designated parking spaces, but HOAs retain authority to impose reasonable restrictions that don’t significantly increase costs or decrease efficiency. The key is understanding what constitutes “reasonable” restrictions and following proper procedures.
The Current Legal Framework
California has been at the forefront of promoting electric vehicle adoption through legislation that balances homeowner rights with HOA governance needs. The primary statute governing EV charging stations in common interest developments is Civil Code Section 4745, which has been amended multiple times since its initial enactment in 2011.Core Protections Under Civil Code Section 4745
The law states that any covenant, restriction, or condition in governing documents that “effectively prohibits or unreasonably restricts the installation or use of an electric vehicle charging station” in an owner’s designated parking space is “void and unenforceable.” This protection extends to:
• Parking spaces within an owner’s unit
• Deeded parking spaces
• Parking spaces in exclusive use common areas
• Parking spaces specifically designated for use by a particular owner
The statute allows HOAs to impose “reasonable restrictions” on EV charging stations, defined as restrictions that “do not significantly increase the cost of the station or significantly decrease its efficiency or specified performance.” This balancing test requires careful analysis of any proposed restriction.
Examples of potentially reasonable restrictions include:
• Architectural design standards that don’t materially affect function
• Requirements for licensed contractor installation
• Specific insurance coverage requirements
• Safety and electrical code compliance
• Indemnification provisions
Examples of likely unreasonable restrictions include:
• Blanket prohibitions on all charging equipment
• Requirements that double or triple installation costs
• Aesthetic standards that require expensive custom enclosures
• Unreasonably lengthy approval processes
Significant changes came with SB 1016, which modified Civil Code Section 4745 in several important ways, including the addition of Section 4745.1 addressing EV-dedicated time-of-use (TOU) meters.
Time-of-Use Meter Rights
Section 4745.1 protects homeowners’ rights to install EV-dedicated TOU meters, which are separate electric meters exclusively for EV charging that track time-of-use for utility rate purposes. HOAs must “attempt to find a reasonable way to accommodate” TOU meter requests unless the association would incur expense.
Practical Implementation Challenges for HOAs
Infrastructure and Electrical Capacity
Many older developments face significant infrastructure challenges when multiple residents seek to install high-powered charging stations. Common issues include:
• Electrical panel capacity: Older buildings may lack sufficient electrical capacity for multiple Level 2 chargers
• Utility service upgrades: Adding multiple charging stations may require expensive utility service upgrades
• Common area electrical routing: Where installation requires “reasonable access through, or across, the common area for utility lines or meters”, associations must accommodate such requests
Installation in Common Areas
Installation in common areas for exclusive use by a particular owner is permitted “only if installation in the owner’s designated parking space is impossible or unreasonably expensive.” This requires associations to:
• Evaluate technical feasibility of parking space installation first
• Document cost analysis if parking space installation is prohibitively expensive
• Enter into license agreements for common area use
• Ensure compliance with all approval requirements
Owners must “at all times, maintain a liability coverage policy” and provide certificates of insurance within 14 days of approval, then annually thereafter. Practical challenges include:
• Finding appropriate coverage: Some insurance carriers are unfamiliar with EV charging station policies
• Cost of coverage: Required coverage amounts can be expensive for individual homeowners
• Successor owner compliance: Ensuring new owners maintain required insurance when properties are sold
One of the most contentious practical issues involves how associations handle electricity costs for charging stations. Key considerations include:
• Separate metering: Installing dedicated meters for each charging station can be expensive but provides accurate usage tracking
• Estimated billing: Some associations use estimated usage formulas, which can lead to disputes
• Common area charging: When associations install charging stations for general use, developing fair usage fees and access controls becomes complex
Best Practices for HOA Implementation
Use of Recorded License Agreements: Essential Protection for Associations
One of the most important protective measures an HOA can implement is requiring a recorded license agreement for EV charging stations that encroach on common areas or require common area access. These agreements provide comprehensive protection that goes far beyond simple architectural approval.
Why Recorded License Agreements Are Critical:
Legal Clarity and Enforceability: A properly drafted and recorded license agreement creates a clear legal framework that defines the scope of permitted use, maintenance obligations, and termination conditions. Recording the agreement provides constructive notice to all future owners and ensures the obligations run with the land.
Protection Against Future Owners: Without a recorded agreement, associations face significant risks when properties transfer. New owners may claim ignorance of EV charging obligations or dispute maintenance responsibilities. A properly recorded license agreement discloses the obligations to prospective buyers and ensures obligations transfer to successors.
Infrastructure Coordination: Well-drafted agreements require coordinated infrastructure planning by mandating wire trays, metal wireways, and coordination with existing installations. This prevents the common area from becoming a chaotic maze of individual installations and facilitates future EV charging projects.
Financial Protection: The agreement protects the association by requiring retainer deposits, comprehensive insurance coverage, and full indemnification for all costs, damages, and attorney fees.
Maintenance and Access Rights: Clear provisions ensure the association retains access rights for inspection and necessary repairs, while placing all maintenance obligations on the owner. The agreement also addresses removal requirements if association maintenance needs require it.
Technical Standards and Safety: Detailed technical specifications ensure installations meet professional standards, require licensed contractors, and mandate compliance with safety codes.
Key Provisions Every License Agreement Should Include:
• Detailed technical specifications for installation, including electrical requirements and routing
• Comprehensive insurance requirements with association as additional insured
• Indemnification provisions protecting the association from all claims and costs
• Maintenance and repair obligations clearly assigned to the owner
• Access rights for association inspection and emergency repairs
• Termination provisions with cure periods and removal requirements
• Transfer obligations ensuring new owners assume all responsibilities
• Recording requirements to provide constructive notice
Many associations make the error of treating EV charging installations as simple architectural approval matters. However, when installations require common area access or create ongoing maintenance obligations, a comprehensive license agreement becomes essential. Failure to use such agreements can result in:
• Unclear maintenance responsibilities leading to deferred maintenance
• Inability to enforce removal when necessary for association repairs
• Insurance gaps leaving the association exposed to liability
• Conflicts with future owners who claim ignorance of obligations
• Infrastructure chaos as individual installations proliferate without coordination
Beyond license agreements, associations should adopt detailed EV charging station policies that address:
• Application and approval procedures with reasonable timelines
• Technical specifications and safety requirements
• Insurance requirements and procedures for verification
• Cost allocation and billing procedures
• Maintenance responsibilities and access rights
• Transfer requirements when properties are sold
Given the technical and legal complexities, associations benefit from consulting:
• Legal counsel familiar with Davis-Stirling Act requirements
• Electrical engineers to assess infrastructure capacity
• Insurance professionals to understand coverage options
• EV charging specialists for technical guidance
Rather than addressing requests reactively, forward-thinking associations are:
• Conducting electrical infrastructure assessments
• Creating comprehensive plans that outline objectives, timelines, and budgets for EV charging projects
• Exploring bulk installation options that may reduce per-unit costs
• Investigating utility rebates and government incentives
Successful implementations include educational campaigns to inform homeowners and promote responsible usage practices, such as:
• Clear guidelines on charging station use
• Information about avoiding blocking charging spots when not actively charging
• Updates on community EV charging initiatives
Associations that “willfully violate” Section 4745 face liability for actual damages plus civil penalties up to $1,000. Given the attorney fee shifting provisions favoring homeowners, associations should prioritize compliance over resistance.
Warning signs of potential violations include:
• Blanket denials without technical justification
• Unreasonably lengthy approval processes
• Requirements that substantially increase installation costs
• Failure to accommodate reasonable requests for common area access
As EV adoption accelerates, HOAs will face increasing pressure to accommodate charging infrastructure. The legal framework continues to evolve, with California consistently strengthening homeowner protections while attempting to preserve reasonable HOA authority.
Key takeaways for HOA legal counsel:
• Default toward accommodation: The statutory framework presumes approval unless there are compelling technical or safety reasons for denial
• Document technical justifications: Any restrictions must be justified by legitimate concerns that don’t significantly impact cost or efficiency
• Streamline approval processes: Lengthy delays may constitute unreasonable restrictions
• Consider proactive planning: Developing community-wide charging solutions may be more cost-effective than individual installations
• Stay current with legislation: EV-related laws continue to evolve rapidly
Conclusion: Professional Legal Guidance is Essential
The complexity of EV charging station law under the Davis-Stirling Act requires specialized expertise to navigate successfully. HOAs that attempt to handle these matters without experienced legal counsel often find themselves facing costly litigation, inadequate protection, or violations of homeowner rights.
Our firm specializes in helping California HOAs develop comprehensive EV charging policies, draft protective license agreements, and navigate the approval process while ensuring compliance with Civil Code Section 4745. We assist associations with:
• Policy Development: Creating detailed EV charging policies that balance homeowner rights with association protection
• License Agreement Drafting: Preparing comprehensive recorded license agreements that protect association interests while facilitating lawful installations
• Approval Process Design: Establishing streamlined procedures that meet statutory requirements while maintaining necessary oversight
• Infrastructure Planning: Coordinating with technical experts to develop cost-effective community-wide solutions
• Compliance Reviews: Ensuring existing practices meet current legal requirements and identifying areas for improvement
• Dispute Resolution: Representing associations in enforcement actions and defending against homeowner challenges
For assistance with EV charging station matters or to schedule a consultation regarding your association’s policies and procedures, please contact our office.
This article provides general information about California law and should not be construed as legal advice for specific situations. HOAs facing EV charging station issues should consult with qualified legal counsel familiar with current Davis-Stirling Act requirements.