Robert M. Meisner: Permission to install EV station is likely needed

Mark Urban, The Record-Eagle, Traverse City, Mich.
·2 min read
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Dec. 5—Q: I live in a condominium and want to install a charging station in my garage for my electric vehicle. Do I need permission from the Association?

A: You should review your governing documents along with experienced legal counsel to be sure, but if you live in a condominium with attached units, you will most likely need to seek approval from the condominium association or its architectural committee.

Even if you live in a site condominium with detached homes, the governing documents may contain restrictions that you must comply with during this process.

Many community associations are now receiving their first applications for installation of electric vehicle charging stations. Associations are well-advised to retain legal counsel to help them develop specific rules and regulations governing electric vehicle charging stations. Also, to the extent that there is any impact on the common elements — which there most likely will be — the co-owner should be required to enter into a modification agreement which will be recorded against the unit with the county register of deeds. That agreement would clarify the co-owner's responsibilities with respect to liability, insurance, maintenance and other items.

It should be noted that even though many charging stations include redundant safety features, they can still fail and are not without fire risk. It would likely not be reasonable in this day and age to entirely prohibit charging stations, so associations need to protect themselves with the proper documentation.

We expect a continued increase in associations requiring assistance with electric vehicle charging station applications as more government incentives are introduced to expedite our transition from fossil fuels to clean energy.

Robert M. Meisner is the Principal Attorney of The Meisner Law Group, based in Bingham Farms, Michigan, which has provided legal representation for condominiums, homeowner associations, individual co-owners and developers throughout Michigan, including Grand Traverse, Leelanau, and Emmet Counties for nearly 50 years. His book, Condo Living 2: The Authoritative Guide to Buying, Owning and Selling a Condominium is available at www.momentumbooks.com. He can be reached at 800-470-4433 or bmeisner@meisner-law.com. Visit the firm's blog at www.meisner-law.com/blog.