CAI-NJ Sept 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 NJ-LAC to various iter- ations of an electric vehicle (“EV”) charging station bill that would require common interest communities (“CICs”) to approve owner applications to install charging stations in assigned parking spaces. While CAI is commit- ted to supporting green energy, these bills failed to con- sider 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 protections for CICs to the bill now styled as A3367/S1951, which the LAC supports. Hopefully, the bill will pass both houses and be signed by the governor. The highlights of the bill include the following items: • CICs cannot prohibit or unreasonably restrict the installa- tion 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 modi- fications and alterations. • In the event that the CIC reasonably concludes that the cumulative use of electricity on the premises attributable to charging stations requires the installation of additional electrical infrastructure improvements, the CIC may hold applications in abeyance until the improvements are complete, and may also specially assess owners with charging stations and those with pending applications the costs thereof [added by LAC].

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