(Allen D) Common interest developments: EV-dedicated TOU meters.
Summary: The Davis-Stirling Common Interest Development Act provides that 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, or any provision of the governing documents of a common interest development, that effectively prohibits or restricts the installation or use of an electrical vehicle charging station in an owner’s designated parking space is void and unenforceable. The act authorizes an association, as defined, to impose reasonable restrictions on those stations, as specified, and imposes requirements with respect to an association’s approval process for those stations. If the station is to be placed in a common area or an exclusive use common area, the act requires the homeowner to pay for the electricity usage associated with the charging station and to be responsible for various costs associated with maintaining and repairing the station, as well as costs for damage to common areas and adjacent units resulting from installation and maintenance of the station. Existing law requires the award of reasonable attorney’s fees to a prevailing plaintiff in an action to enforce these provisions. This bill would instead require the award of those fees to a prevailing plaintiff in an action by a homeowner requesting to have an electric vehicle charging station installed and seeking to enforce compliance with the above-described provisions.