Oregon Legal Update: Electric Vehicle Charging Stations

On January 1, 2014, new laws will take effect in Oregon relating to Association requirements for Electric Vehicle Charging Stations (“EVCS”).   

 

The laws will apply both to Planned Communities and Condominiums and will allow owners to install an EVCS for personal use in a parking space, on a lot, or in any other area subject to the exclusive use of the owner in planned communities; and in a parking space assigned to the owner’s unit or in a limited common element with written approval of the owners of each unit to which use of the limited common element is reserved in condominiums.

Although the Association cannot prohibit installation of an EVCS in the locations described above, the Association can impose certain requirements on owners seeking to install an EVCS.  The Association can require:

  • That the owner submit an application before installation;
  • That the EVCS meet the architectural standards of the community; 
  • That the owner pay reasonable charges to cover costs of the Association’s review and permitting of the EVCS; and
  • That the EVCS be installed by a person licensed as a journeyman electrician.

The statutes also contain provisions requiring the owners to be responsible for costs of installation and use of the EVCS, and also allow Associations to charge EVCS owners for costs of any infrastructure improvement necessitated by the installation of the EVCS. 

 

In order to ensure compliance with the new laws, Associations should work with their legal counsel to prepare resolutions setting out their process for approval of EVCS applications.  They should also consult with community managers and electricians for guidance with development of ARC guidelines for EVCS, if needed, and to determine whether installation of EVCS is going to create any significant impact on the electrical infrastructure of the community and ensure that the Association will be able to charge owners of EVCS for their individual electrical usage.

  

Please let us know, what is your Association doing to prepare for the new laws?  You can contact us at www.barkermartin.com.

As ever, if any further questions on this topic arise, please feel free to contact me at 
angiebagby@barkermartin.comfor further discussion. 

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