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As electric vehicle adoption accelerates in California — the state leads the nation in EV sales — the right to install EV charging equipment in HOA communities has become one of the most frequently contested HOA issues. California Civil Code Section 4745 provides specific EV charging rights that significantly limit HOA authority to block installations, similar to the solar rights framework.
The Civil Code 4745 Framework
California Civil Code Section 4745 prohibits HOA governing documents from effectively prohibiting or unreasonably restricting the installation of EV charging stations in a member’s designated parking space or a member’s garage. “Unreasonably restrict” means a restriction that would increase the cost of the installation by more than a specified amount or would require safety measures that exceed those required by applicable law. Associations can require that EV charging installations meet reasonable aesthetic standards and comply with applicable building codes, but they cannot use these requirements to functionally block a member’s exercise of their charging rights.
The Process for Getting Approval
Members seeking to install EV charging equipment must submit an application to the HOA following the association’s architectural review process. The HOA must respond within 60 days (under Civil Code 4745’s specific timeline) with approval, conditional approval, or denial. A denial must identify the specific grounds for denial with reference to applicable law or the governing documents. If the HOA fails to respond within 60 days, the application is deemed approved by operation of law.
Shared EV Charging Infrastructure
For associations that want to provide EV charging as a common area amenity rather than relying on individual member installations, California has developed a framework for shared EV charging infrastructure. Some associations have used their reserve funds or special assessments to install shared charging stations in common parking areas, with usage fees charged to members who use them. This approach can be more efficient for dense condominium properties where individual installations in shared parking structures are impractical. Davis-Stirling governs the assessment and contracting process for these shared infrastructure investments.
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