Electric vehicles are increasingly common in Florida communities, and owners often ask how to install a charger at home. The answer depends on whether the community is a condominium or a homeowners association, where the charger will go, and what the governing documents say.
This article is general information and is not legal advice. The association's attorney should be consulted.
Start With the Documents and the Law
Before an electric vehicle is purchased, the owner should review the declaration, rules, and any architectural guidelines, and ask the manager whether the association has a charging policy. Local building codes and permit requirements also apply to every installation.
Condominiums: What Florida Law Provides
Section 718.113(8) of the Florida Statutes addresses electric vehicle charging stations in condominiums. Under the current text:
- A declaration or restrictive covenant may not prohibit, and the board may not prohibit, a unit owner from installing a charging station within the boundaries of the owner's limited common element or exclusively designated parking area.
- The installation may not cause irreparable damage to the condominium property.
- The electricity must be separately metered or metered by an embedded meter and paid by the owner who installs the station, or by a later owner.
- The installing owner is responsible for the costs of installation, operation, maintenance, and repair, including hazard and liability insurance, and for the cost of removal if the station is no longer wanted. The association may enforce payment of these costs through its collection rights.
- The owner must comply with all applicable federal, state, and local laws.
The statute also allows the association to require the owner to:
- Comply with bona fide safety requirements consistent with building codes or recognized safety standards
- Follow reasonable architectural standards on dimensions, placement, or appearance, so long as they do not prohibit the station or substantially increase its cost
- Use a licensed and registered firm familiar with charging station installation
- Provide a certificate of insurance naming the association as an additional insured within 14 days after approval or a request
- Reimburse any increase in the association's insurance premium caused by the station within 14 days after receiving the invoice
The association provides an implied easement across the common elements so power can be brought to the station, subject to these requirements. Under section 718.113(9), the board may also install and operate charging stations on the common elements and set charges for their use.
Homeowners Associations
Chapter 720 does not contain a charging station section like the one for condominiums. In an HOA, the declaration and architectural guidelines usually control.
Section 720.3045 provides that, unless prohibited by general law or local ordinance, an association may not restrict owners or tenants from installing items on a parcel that are not visible from the parcel's frontage, an adjacent parcel, an adjacent common area, or a community golf course. A charger mounted inside a garage may fall within that protection. A charger mounted on an exterior wall or in a driveway will often require architectural approval. Counsel should be consulted on how these rules apply to a specific community.
Submit a Complete Request
Whatever the community type, a written request with complete information speeds approval. A request typically includes:
- The charger model and its location
- A site plan showing the electrical route and any work on common property
- The licensed electrician's name, license, and proof of insurance
- Plans for metering and paying for electricity
- Copies of required permits
Installing a charger without required approval can lead to a violation notice and, in some cases, an order to remove it. The enforcement process is outlined in
how to properly handle HOA violation notices.
Typical Agreement Terms
Many associations ask owners to sign a written agreement before installation. Common terms include compliance with codes, use of a licensed installer, owner payment of all installation, insurance, maintenance, and electricity costs, indemnification of the association for damage, and responsibility for removal or transfer when the home is sold. In a condominium, any terms must be consistent with section 718.113(8).
Most home chargers are either Level 1, which uses a standard outlet, or Level 2, which uses a dedicated higher-voltage circuit. Level 2 chargers charge faster but usually require more electrical work and closer review.
Help With Charging Requests
Architectural requests and charging policies are handled with counsel for the communities managed by Condominium Associates. Planning ideas for amenities and shared spaces can also be found in
HOA practices for common areas. To talk about electric vehicle charging in your community,
contact us.
