CAI-NJ Sept.2018(w)(1)

Legislation Regarding The Rights of Residents To Install

ELECTRIC CAR CHARGING STATIONS

By Matthew Z. Earle, Esq. Kates, Nussman, Ellis, Farhi & Earle

Y our community association may have encoun- tered the following scenario: A resident shows up one day in his or her new Tesla Model S with “Ludicrous Acceleration” upgrade and informs the board that his or her electrician is on the way to install a state of the art vehicle charging station in his or her assigned parking space, which happens to be a part of the common elements. The board “taps the breaks” on the resident’s proj- ect because it now must determine how to answer the following questions: 1. Is the resident entitled to modify or alter the common element, limited common element, or deeded parking space? 2. Are there any technical reasons (such as electrical load capacity) that may cause the board to reject such an installa- tion? 3. Should the board require the resident seeking to install a charging station to carry additional insurance and/or indem- nify the association? 4. Who is responsible to replace, maintain, and/or remove the charging station in the future? 5. If there are already car charging stations installed, will the municipal authority require the association to have a load study performed by an electrical engineer?

CONT I NU E S ON PAGE 26

© iStockphoto.com

24

S E P T E M B E R , 2 0 1 8