Sec. 2. (NEW) (Effective October 1, 2022)
(a) As used in this section:
(1) "Association of unit owners", "board of directors", "common
elements", "condominium instruments", "limited common elements",
"unit" and "unit owner" have the same meanings as provided in section
47-68a of the general statutes;
(2) "Electric vehicle charging station" has the same meaning as
provided in section 16-19f of the general statutes; and
(3) "Reasonable restrictions" means a restriction that does not
significantly increase the cost of the electric vehicle charging station or
significantly decrease its efficiency or specified performance.
(b) On and after October 1, 2022, any provision of the condominium
instruments that either prohibits or unreasonably restricts the
installation or use of an electric vehicle charging station in a unit parking
space or limited common element parking space, or is otherwise in
conflict with the provisions of this section, shall be void and
unenforceable.
(c) An electric vehicle charging station installed pursuant to this
section shall meet all applicable health and safety standards and
requirements under any state or federal law or municipal ordinance.
(d) A unit owner may submit an application to the board of directors
to install an electric vehicle charging station in a unit parking space, or
in a limited common element parking space with the written approval
of the unit owner of each unit to which use of the limited common
element parking space is reserved. The board of directors shall
acknowledge, in writing, the receipt of any such application not later
than thirty days after such receipt, and process such application in the
same manner as an application for an addition, alteration or
improvement pursuant to the declaration, as described in section 47-70
of the general statutes. The approval or denial of such application shall
be in writing and shall be issued not later than sixty days after the date
of receipt of such application. If an application is not denied in writing
within such sixty-day period, the application shall be deemed
approved, unless the board of directors reasonably requests additional
information not later than sixty days from the date of receipt of such
application.
(e) If a unit owner seeks to install an electric vehicle charging station
in a unit parking space or limited common element parking space, the
following provisions shall apply:
(1) The unit owner shall obtain approval from the board of directors
to install the electric vehicle charging station and the board of directorsshall approve the installation if the owner agrees in writing to:
(A)
Comply with the provisions of the declaration regarding an addition,
alteration or improvement;
(B) engage a licensed and insured contractor
to install the electric vehicle charging station;
(C) provide a certificate of
insurance, within fourteen days of approval, that demonstrates
insurance coverage in amounts deemed sufficient by the board of
directors;
(D) pay for the costs associated with the installation of the
electric vehicle charging station, including, but not limited to, increased
master policy premiums, attorney's fees incurred by the association of
unit owners, engineering fees, professional fees, permit fees and
applicable zoning compliance costs; and
(E) pay the electricity usage
costs associated with the electric vehicle charging station.
(2) The unit owner, and each successive owner, of the electric vehicle
charging station shall be responsible for:
(A) The costs for damage to the
electric vehicle charging station, common elements or units resulting
from the installation, use, maintenance, repair, removal or replacement
of the electric vehicle charging station;
(B) the costs for the maintenance,
repair and replacement of the electric vehicle charging station until it
has been removed;
(C) the costs for the restoration of the physical space
where the electric vehicle charging station was installed after it is
removed;
(D) the costs of electricity associated with the electric vehicle
charging station;
(E) the common expenses as a result of uninsured
losses pursuant to any master insurance policy held by the association
of unit owners; and
(F) making disclosures to prospective buyers
regarding (i) the existence of the electric vehicle charging station, (ii) the
associated responsibilities of the unit owner under this section, and (iii)
the requirement that the purchaser accepts the electric vehicle charging
station unless it is removed prior to the transfer of the unit.
(3) A unit owner shall not be required to maintain a liability coverage
policy for an existing National Electrical Manufacturers Association
standard alternating current power plug(f) An association of unit owners may (1) install an electric vehicle
charging station in the common elements for the use of all unit owners
and develop appropriate rules for such use, (2) create a new parking
space where one did not previously exist to facilitate the installation of
an electric vehicle charging station, (3) require the unit owner to remove
the electric vehicle charging station prior to the unit owner's sale of the
property unless the purchaser of the property agrees to take ownership
of the electric vehicle charging station, and (4) assess the unit owner for
any uninsured portion of a loss associated with an electric vehicle
charging station, whether resulting from a deductible or otherwise,
regardless of whether the association submits an insurance claim.
(g) In any action by an association of unit owners seeking to enforce
compliance with this section, the prevailing party shall be awarded
reasonable attorney's fees.
(h) The provisions of this section shall not apply to an association of
unit owners that imposes reasonable restrictions on electric vehicle
charging stations or has electric vehicle charging stations at a ratio that
is equal to or greater than fifteen per cent of the number of units.
Sec. 3. (NEW) (Effective October 1, 2022)
(a) As used in this section:
(1) "Association", "bylaws", "common elements", "declaration",
"executive board", "limited common element", "purchaser", "rule", "unit"
and "unit owner" have the same meanings as provided in section 47-202
of the general statutes;
(2) "Electric vehicle charging station" has the same meaning as
provided in section 16-19f of the general statutes; and
(3) "Reasonable restrictions" means a restriction that does not
significantly increase the cost of the electric vehicle charging station or
significantly decrease its efficiency or specified performance.
(b) On and after October 1, 2022, any provision of the declaration or
bylaws that either prohibits or unreasonably restricts the installation or
use of an electric vehicle charging station in a unit parking space or
limited common element parking space, or is otherwise in conflict with
the provisions of this section, shall be void and unenforceable.
(c) An electric vehicle charging station installed pursuant to this
section shall meet all applicable health and safety standards and
requirements under any state or federal law or municipal ordinance.
(d) A unit owner may submit an application to the executive board to
install an electric vehicle charging station in a unit parking space, or in
a limited common element parking space with the written approval of
the unit owner of each unit to which use of the limited common element
parking space is reserved. The executive board shall acknowledge, in
writing, the receipt of any such application not later than thirty days
after such receipt, and process such application in the same manner as
an application for an addition, alteration or improvement pursuant to
the declaration or bylaws. The approval or denial of such application
shall be in writing and shall be issued not later than sixty days after the
date of receipt of such application. If an application is not denied in
writing within such sixty-day period, the application shall be deemed
approved, unless the executive board reasonably requests additional
information not later than sixty days from the date of receipt of such
application.
(e) If a unit owner seeks to install an electric vehicle charging station
in a unit parking space or limited common element parking space, the
following provisions shall apply:
(1) The unit owner shall obtain approval from the executive board to
install the electric vehicle charging station and the executive board shall
approve the installation if the owner agrees in writing to:
(A) Comply
with the provisions of the declaration or bylaws regarding an addition,alteration or improvement;
(B) engage a licensed and insured contractor
to install the electric vehicle charging station;
(C) provide a certificate of
insurance, within fourteen days of approval, that demonstrates
insurance coverage in amounts deemed sufficient by the board of
directors;
(D) pay for the costs associated with the installation of the
electric vehicle charging station, including, but not limited to, increased
master policy premiums, attorney's fees incurred by the association,
engineering fees, professional fees, permits and applicable zoning
compliance; and
(E) pay the electricity usage costs associated with the
electric vehicle charging station.
(2) The unit owner, and each successive owner, of the electric vehicle
charging station shall be responsible for:
(A) The costs for damage to the
electric vehicle charging station, common elements or units resulting
from the installation, use, maintenance, repair, removal or replacement
of the electric vehicle charging station;
(B) the costs for the maintenance,
repair and replacement of the electric vehicle charging station until it
has been removed;
(C) the costs for the restoration of the physical space
where the electric vehicle charging station was installed after it is
removed;
(D) the costs of electricity associated with the electric vehicle
charging station;
(E) the common expenses as a result of uninsured
losses pursuant to any master insurance policy held by the association
of unit owners; and
(F) making disclosures to prospective buyers
regarding (i) the existence of the electric vehicle charging station, (ii) the
associated responsibilities of the unit owner under this section, and (iii)
the requirement that the purchaser accepts the electric vehicle charging
station unless it is removed prior to the transfer of the unit.
(3) A unit owner shall not be required to maintain a liability coverage
policy for an existing National Electrical Manufacturers Association
standard alternating current power plug.
(f) An association may (1) install an electric vehicle charging station
in the common elements for the use of all unit owners and develop appropriate rules for such use, (2) create a new parking space where one
did not previously exist to facilitate the installation of an electric vehicle
charging station, (3) require the unit owner to remove the electric vehicle
charging station prior to the unit owner's sale of the property unless the
purchaser of the property agrees to take ownership of the electric vehicle
charging station, and (4) assess the unit owner for any uninsured
portion of a loss associated with an electric vehicle charging station,
whether resulting from a deductible or otherwise, regardless of whether
the association submits an insurance claim.
(g) In any action by an association seeking to enforce compliance with
this section, the prevailing party shall be awarded reasonable attorney's
fees.
(h) The provisions of this section shall not apply to an association that
imposes reasonable restrictions on electric vehicle charging stations or
has electric vehicle charging stations at a ratio that is equal to or greater
than fifteen per cent of the number of units.