Illinois Governor Pritzker signed the Electric Vehicle Charging Act into law on June 9th, 2023. The legislation is applicable to new construction of residential properties, including houses, apartments, and condominiums. The law goes into effect on January 1, 2024.

Other states have enacted similar “right to charge” legislations, prohibiting property owners, landlords, and homeowner associations from unjustly restricting residents from installing EV charging stations. However, Illinois is the first state requiring new buildings to be equipped for EV charging capabilities. Additionally, Illinois is the first state to extend these safeguards to renters.

You can view the Electric Vehicle Charging Act here: https://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=103-0053

 

Impact on Illinois Community Associations

The Electric Vehicle Charging Act (the “Act”), which is only applicable to associations built or established after the law went into effect,  states that “renters and condominium unit owners shall be able to install charging equipment for electric vehicles under reasonable conditions.”

The Act mandates that any attempt by a condominium or common interest community association board of directors to “prohibit or unreasonably restrict” the installation or use of an electric vehicle charging system within an owner’s unit or a designated parking space is void and unenforceable. This includes, but is not limited to, deeded parking spaces or parking spaces assigned to the unit owner as a limited common element.

 

Board Member Responsibilities

The Act protects community association board members’ right to review and process requests by owners to install an electric vehicle charging system.

The Act indicates that if an electric vehicle charging system is going to be placed in the common elements/area or exclusive use common elements/area, the requesting owner must first obtain prior written approval from the association to install the electric vehicle charging system.

Further, the requesting owner must also agree, in writing, to:

  1. Comply with the association’s architectural standards/other reasonable conditions on the installation of the system.
  2. Engage a licensed/insured electrical contractor to install the system.
  3. Within 14 days of approval from the Board, provide a certificate of insurance naming the association as an additional insured under the owner’s insurance policy.
  4. Pay for the costs associated with the installation of, and the electricity usage associated with, the system.
  5. Agree to assume responsibility for damage to the common elements/areas or other units resulting from the installation, use, or removal of the system.

Finally, the Act provides that requests from owners to install an electric vehicle charging system must be approved or denied by the association’s board within 60 days from the date of receipt.

Unless the board has a policy in place, owners and tenants have the right to install an electric charging system within their deeded or assigned parking space without the appropriate legal protections for the community association.

 

Next Steps for Board Members and Property Managers

Considering the rising ownership of electric cars, board members and property managers may be approached with proposals to install a charging station. To ensure that the association is handling these matters consistently, the board should have a written policy in place.

The policy should be consistent with the Illinois Electric Vehicle Charging Act and address critical issues, including:

  • Safety regulations
  • Insurance requirements
  • Architectural uniformity
  • Payment for electricity costs
  • Responsibility for potential future damages
  • The timely processing and review of owners’ requests
  • Impacts on the property’s infrastructure and electric capacity
  • Control over the electric vehicle charging system installation process

Associations with outdated governing documents may have little to no guidance in their covenants, by-laws, declaration, and/or rules and regulations that explicitly reference electric charging stations let alone new legislation.

It’s important for board members and property managers to work with the association’s attorney to review all aspects of any plans and/or specifications pertaining to the installation of an electric vehicle charging station so the association is well aware of its rights and obligations.

Do not hesitate to contact our law firm if your association has questions regarding updates to your association polices, governing documents, rules, regulations, or other legal concerns.

Please call 855-537-0500 or visit www.ksnlaw.com.

Since 1983, KSN has been a legal resource for condominium, homeowner, and townhome associations. Additionally, we represent clients in real estate transactions, collections, landlord/tenant issues, and property tax appeals. We represent thousands of clients and community associations throughout the US with offices in several states including Florida, Illinois, Indiana, and Wisconsin.

 

Please note the material contained in this article is for educational and informational purposes only and does not constitute legal advice. No attorney-client relationship is established by your review or receipt of the information contained in this article. You should not act on the information discussed in this article without first obtaining legal advice from an attorney duly licensed to practice law in your State. While KSN has made every effort to include up-to-date information in this article, the law can change quickly. Accordingly, please understand that information discussed in this article may not yet reflect the most recent legal developments. Material is not guaranteed to be correct, complete, or up to date. KSN reserves the right to revise or update the information and statements of law discussed in the article law at any time, without notice, and disclaims any liability for your use of information or statements of law discussed on the article, or the accessibility of the article generally. This article may be considered advertising in some jurisdictions under applicable law/s and/or ethical rules/regulations. © 2023 Kovitz Shifrin Nesbit, A Professional Corporation.26