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Renewable energy is an important part of Colorado's plan to become more energy efficient. More and more car manufacturers are producing hybrid and electric vehicle models. This is great news for those who would prefer to drive more environmentally friendly cars. However, for some, the challenges of installing a charging unit or modifying their current outlets can be quite burdensome.
Living in an HOA with an electric or hybrid vehicle has its own set of challenges. In 2013, the State Legislature passed SB13-126, which concerned the removal of unreasonable restrictions on the ability of an owner of an electric vehicle to access charging facilities. The language in this bill, in part, encourages and creates accommodations for owning an electric vehicle.
Section 38-33.3-106.8 of the Colorado Common Interest Ownership Act states that an HOA shall not:
- Prohibit a unit owner from using, or installing at the unit owner's expense for the unit owner's own use, a level 1 or level 2 electric vehicle charging system on or in a unit;
- Assess or charge a unit owner any fee for the placement or use of an electric vehicle charging system on or in the unit owner's unit; except that the association may require reimbursement for the actual cost of electricity provided by the association that was used by the charging system or, alternatively, may charge a reasonable fee for access.
Keep in mind that associations may still adopt and enforce rules regarding bona fide safety requirements, consistent with applicable building code or recognized safety standard; requirements that the charging system be registered with the association within thirty days after installation, and; reasonable aesthetic provisions that govern the dimensions, placement, or external appearance of an electric vehicle charging system
For more information please refer to section 38-33.3-106.8 of the Colorado Common Interest Ownership Act.
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