CAI-NJ Sept. 2019update

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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E lectric vehicles (“EVs”) are becoming more prevalent every day, and when the owner of a unit in a com- munity association purchases an EV, that purchase is often coupled with a request to the association to install an EV charging station. While many communities have embraced the installation of charging stations, in some communities, there may be significant technical concerns regarding whether a community’s common electrical infra- structure can support the increased electrical loads caused by these systems. Indeed, if the load capacity of a common electrical infrastructure is exceeded, it may result in “brown- outs” and other power-related issues. Usually, a load study performed by an electrical engineer is necessary to ensure that the installation of a charging station will not create any adverse impacts. A request to install a charging station also raises various practical questions, such as: 1. Who should pay to install, maintain, and remove the charging station?

2. How can the community association be protected from a loss caused by the charging station? 3. Where should the station be installed? 4. Whether accommodations should be made to those with EVs to install car charging stations in areas closer to structures that are more suitable to the expansion of the electrical infrastructure. 5. How does all of the above fit within the scheme created by the association’s governing documents? Notwithstanding those concerns, the State Legislature has been moving forward on legislation that, in essence, requires associations to permit owners to install charging stations both in assigned and common area parking spots. On March 25, 2019, the Senate passed bill S2421 relating to charging stations in common interest communities (“CICs”) which, in its current form is opposed by CAI-NJ’s Legislative Action Committee (the “LAC”). The Assembly counterpart, A1030, is out of committee. While the LAC CONT I NU E S ON PAGE 32

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