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Cal Civil Code
4745
ELECTRIC VEHICLES

4745.  (a) Any covenant, restriction, or condition contained in any
deed, contract, security instrument, or other instrument affecting
the transfer or sale of any interest in a common interest
development, and any provision of a governing document, as defined in
Section 4150, that either effectively prohibits or unreasonably
restricts the installation or use of an electric vehicle charging
station in an owner's designated parking space, including, but not
limited to, a deeded parking space, a parking space in an owner's
exclusive use common area, or a parking space that is specifically
designated for use by a particular owner, or is in conflict with the
provisions of this section is void and unenforceable.
   (b) (1) This section does not apply to provisions that impose
reasonable restrictions on electric vehicle charging stations.
However, it is the policy of the state to promote, encourage, and
remove obstacles to the use of electric vehicle charging stations.
   (2) For purposes of this section, "reasonable restrictions" are
restrictions that do not significantly increase the cost of the
station or significantly decrease its efficiency or specified
performance.
   (c) An electric vehicle charging station shall meet applicable
health and safety standards and requirements imposed by state and
local authorities, and all other applicable zoning, land use, or
other ordinances, or land use permits.
   (d) For purposes of this section, "electric vehicle charging
station" means a station that is designed in compliance with the
California Building Standards Code and delivers electricity from a
source outside an electric vehicle into one or more electric
vehicles. An electric vehicle charging station may include several
charge points simultaneously connecting several electric vehicles to
the station and any related equipment needed to facilitate charging
plug-in electric vehicles.
   (e) If approval is required for the installation or use of an
electric vehicle charging station, the application for approval shall
be processed and approved by the association in the same manner as
an application for approval of an architectural modification to the
property, and shall not be willfully avoided or delayed. The approval
or denial of an application shall be in writing. If an application
is not denied in writing within 60 days from the date of receipt of
the application, the application shall be deemed approved, unless
that delay is the result of a reasonable request for additional
information.
   (f) If the electric vehicle charging station is to be placed in a
common area or an exclusive use common area, as designated in the
common interest development's declaration, the following provisions
apply:
   (1) The owner first shall obtain approval from the association to
install the electric vehicle charging station and the association
shall approve the installation if the owner agrees in writing to do
all of the following:
   (A) Comply with the association's architectural standards for the
installation of the charging station.
   (B) Engage a licensed contractor to install the charging station.
   (C) Within 14 days of approval, provide a certificate of insurance
that names the association as an additional insured under the owner'
s insurance policy in the amount set forth in paragraph (3).
   (D) Pay for the electricity usage associated with the charging
station.
   (2) The owner and each successive owner of the charging station
shall be responsible for all of the following:
   (A) Costs for damage to the charging station, common area,
exclusive use common area, or separate interests resulting from the
installation, maintenance, repair, removal, or replacement of the
charging station.
   (B) Costs for the maintenance, repair, and replacement of the
charging station until it has been removed and for the restoration of
the common area after removal.
   (C) The cost of electricity associated with the charging station.
   (D) Disclosing to prospective buyers the existence of any charging
station of the owner and the related responsibilities of the owner
under this section.
   (3) The owner and each successive owner of the charging station,
at all times, shall maintain a homeowner liability coverage policy in
the amount of one million dollars ($1,000,000) and shall name the
association as a named additional insured under the policy with a
right to notice of cancellation.
   (4) A homeowner shall not be required to maintain a homeowner
liability coverage policy for an existing National Electrical
Manufacturers Association standard alternating current power plug.
   (g) Except as provided in subdivision (h), installation of an
electric vehicle charging station for the exclusive use of an owner
in a common area, that is not an exclusive use common area, shall be
authorized by the association only if installation in the owner's
designated parking space is impossible or unreasonably expensive. In
such cases, the association shall enter into a license agreement with
the owner for the use of the space in a common area, and the owner
shall comply with all of the requirements in subdivision (f).
   (h) The association or owners may install an electric vehicle
charging station in the common area for the use of all members of the
association and, in that case, the association shall develop
appropriate terms of use for the charging station.
   (i) An association may create a new parking space where one did
not previously exist to facilitate the installation of an electric
vehicle charging station.
   (j) An association that willfully violates this section shall be
liable to the applicant or other party for actual damages, and shall
pay a civil penalty to the applicant or other party in an amount not
to exceed one thousand dollars ($1,000).
   (k) In any action to enforce compliance with this section, the
prevailing plaintiff shall be awarded reasonable attorney's fees.
1452 W. 9th Street # 3  Upland, CA 91786

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Address: 2377 W. Foothill Blvd. Suite # 13 Upland, CA 91786