CAI-NJ December 2020

Update on Legislation Regarding the Installation of CAR CHARGING STATIONS in Common Interest Communities By Matthew Z. Earle, Esq., Kates, Nussman, Ellis, Farhi & Earle, LLP

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W e have previously updated you concerning the opposition of the LAC to various itera- tions of an electric vehicle (“EV”) charging station bill that would require common interest commu- nities (“CICs”) to approve owner applications to install charging stations in assigned parking spaces. While CAI is committed to supporting green energy, these bills failed to consider the legitimate life, safety, financial, and governance concerns of CICs. The LAC is pleased to announce that after a significant amount of negotiation, the sponsors of the bill and the other stakeholders agreed on adding important protec- tions for CICs to the bill now styled as A3367/S1951. The bill was passed by the Assembly and Senate and signed into law by Governor Murphy on October 19, 2020.

The highlights of the bill include the following items: • CICs cannot prohibit or unreasonably restrict the installation of EV charging stations. • Subject to other portions of the bill, CICs are required to permit an owner to install an electric vehicle charging station in a parking space owned or assigned to the owner, even if same requires reasonable access through common elements. • The charging station and the installation thereof must meet all applicable codes, standards, and land use statutes, regulations, and ordinances. • CICs should review applications for charging stations in the same manner as other owner applications for modifications and alterations.

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