(1) Notwithstanding contrary provisions of a declaration or bylaws of a planned community:
(a) An owner may submit an application to install an electric vehicle charging station for the personal, noncommercial use of the owner, in compliance with the requirements of this section, in a parking space, on a lot or in any other area subject to the exclusive use of the owner.
(b) A homeowners association may not prohibit installation or use of a charging station installed and used in compliance with the requirements of this section.
(2) When the owner complies or agrees to comply with the requirements of this section, a homeowners association, or a declarant in lieu of the association, shall approve a completed application within 60 days after the owner submits the application unless the delay in approving the application is based on a reasonable request for additional information.
(3) A homeowners association:
(a) May require an owner to submit an application before installing a charging station.
(b) May require the charging station to meet the architectural standards of the planned community.
(c) May impose reasonable charges to recover costs of the review and permitting of a charging station.
(d) May impose reasonable restrictions on the installation and use of the charging station that do not significantly increase the cost of the charging station or significantly decrease the efficiency or performance of the charging station.
(4) Notwithstanding ORS 479.540 (Exemptions), the charging station must be installed by a person that holds a license, as defined in ORS 479.530 (Definitions for ORS 479.510 to 479.945 and 479.995), to act, at a minimum, as a journeyman electrician.
(5) The owner is responsible for:
(a) All costs associated with installation and use of the charging station, including:
(A) The cost of electricity associated with the charging station; and
(B) The cost of damage to common property and to areas subject to the exclusive use of other owners that results from the installation, use, maintenance, repair, removal or replacement of the charging station.
(b) Disclosure to a prospective buyer of the lot of the existence of the charging station and the related responsibilities of the owner under this section.
(6) If the homeowners association reasonably determines that the cumulative use of electricity in the planned community attributable to the installation and use of charging stations requires the installation of additional infrastructure improvements to provide the planned community a sufficient supply of electricity, the association may assess the cost of the additional improvements against the lot of each owner that has installed, or will install, a charging station.
(7) Unless the owner and the homeowners association, or the declarant in lieu of the association, negotiate a different outcome:
(a) A charging station installed under this section is deemed to be the personal property of the owner of the lot with which the charging station is associated; and
(b) The owner must remove the charging station and restore the premises to the condition before installation of the charging station before the owner may transfer ownership of the lot, unless the prospective buyer of the lot accepts ownership of the charging station and all rights and responsibilities that apply to the charging station under this section.
(8)(a) A pedestal, or similar, charging station that is hard-wired into the electrical system must be a certified electrical product, as defined in ORS 479.530 (Definitions for ORS 479.510 to 479.945 and 479.995).
(b) If a charging station, other than one described in paragraph (a) of this subsection, is not a certified electrical product, and the owner of the lot owns the charging station, the owner shall:
(A) Maintain a homeowner liability insurance policy in an amount not less than $1 million that includes coverage of the charging station; and
(B) Name the homeowners association as a named additional insured under the policy with a right to notice of cancellation of the policy.
(9) In any action between an owner and a homeowners association to enforce compliance with this section, the prevailing party is entitled to an award of attorney fees and costs. [2013 c.438 §3; 2015 c.249 §3]