§ 47-04.1-16 — Electric vehicle charging station installation - Penalty

North Dakota § 47-04.1-16

• Jurisdiction: North Dakota
• Title 47: Property
• Ch. 47-04.1: Condominium Ownership of Real Property

Text

1. For purposes of this section:
a. "Electric vehicle charging station" means a station that delivers electricity from a
source outside an electric vehicle into one or more electric vehicles. An electric
vehicle charging station may include several charge points simultaneously
connecting several electric vehicles to the station and any related equipment
needed to facilitate charging plug-in electric vehicles.
b. "Reasonable restrictions" means restrictions on the number, size, location, and
manner of placement or installation of an electric vehicle charging station on the
common or limited common area which do not significantly increase the cost of
the electric vehicle charging station or significantly decrease the efficiency or
specified performance of the electric vehicle charging station.
2. Any covenant, restriction, or condition contained in any deed, contract, security
instrument, or other instrument affecting the transfer or sale of any interest in the
property, or any bylaw, that either effectively prohibits or unreasonably restricts the

installation or use of an electric vehicle charging station within an owner's unit or in a
designated parking space, including a deeded parking space, a parking space in an
owner's limited common area, or a parking space specifically designated for use by a
particular owner, or is in conflict with the provisions of this section is void and
unenforceable. This section does not apply to a bylaw that imposes reasonable
restrictions on electric vehicle charging stations.
3. An electric vehicle charging station must meet all applicable health and safety
standards and requirements imposed by law, rule, or regulation. If approval is required
for the installation or use of an electric vehicle charging station, the application for
approval must be processed and approved by the administrative body governing the
condominium in a manner prescribed by the administrative body governing the
condominium and may not be willfully avoided or delayed. The approval or denial of an
application must be in writing. If an application is not denied in writing within sixty days
from the date of receipt of the application, the application is deemed approved, unless
that delay is the result of a reasonable request for additional information.
4. If the electric vehicle charging station is to be placed in a limited common area, as
provided in the required declaration contained in section 47-04.1-02:
a. The owner shall obtain approval from the administrative body governing the
condominium to install the electric vehicle charging station. The administrative
body governing the condominium shall approve the installation in a limited
common area if the owner agrees in writing to:
(1) Comply with the architectural standards of the administrative body
governing the condominium for the installation of the charging station;
(2) Engage a licensed contractor to install the charging station;
(3) Within fourteen days of approval, provide a certificate of insurance that
names the administrative body governing the condominium as an additional
insured under the owner's insurance policy pursuant to subdivision c;
(4) Pay the costs associated with the installation of and the electricity usage
associated with the charging station; and
(5) Comply with any other reasonable regulations, including regulations on the
number, size, location, and manner of placement or installation of electric
vehicle charging stations on the limited common area, as required by the
administrative body governing the condominium.
b. The owner and each successive owner of the charging station is responsible for:
(1) Costs relating to damage to the charging station, common area, limited
common area, or any unit resulting from the installation, maintenance,
repair, removal, or replacement of the charging station;
(2) Costs relating to the maintenance, repair, and replacement of the charging
station until it is removed and for the restoration of the common area after
removal;
(3) The cost of electricity associated with the charging station;
(4) Other costs not listed in this subsection which may arise; and
(5) Disclosing to prospective buyers the existence of any charging station and
the related responsibilities of the owner under this section.
c. The owner of the charging station shall, at all times, maintain a liability coverage
policy not to exceed the value of a typical condominium owner's policy. Within
fourteen days of approval of the application, the owner that submitted the
application to install the charging station shall provide the administrative body
governing the condominium with the corresponding certificate of insurance. The
owner and each successive owner shall provide the administrative body
governing the condominium with the certificate of insurance each year.
d. A homeowner may not be required to maintain a homeowners liability coverage
policy for an existing national electrical manufacturers association standard
alternating current power plug.
e. This section does not prohibit the administrative body governing a condominium
from imposing reasonable regulations on the number, size, and manner of

placement of an electric vehicle charging station in common areas or limited
common areas.
f. The administrative body governing the condominium may deny the installation of
an electric vehicle charging station based on bona fide safety requirements,
consistent with an applicable building code or recognized safety standard, for the
protection of persons and property.
5. Except as provided in subsection 6, if installation of an electric vehicle charging station
in the owner's designated parking space is impossible or unreasonably expensive, the
administrative body governing the condominium may authorize the installation of an
electric vehicle charging station for the exclusive use of an owner in a common area
that is not a limited common area. The administrative body governing the
condominium may deny the installation of an electric vehicle charging station if a
reasonable area is not available or the area cannot be reasonably accessed by the
owner. If installation is authorized under this subsection, the administrative body
governing the condominium shall enter a license agreement with the owner for the use
of the space in a common area and the owner shall comply with all the requirements in
subsection 4.
6. The administrative body governing the condominium or owners may install an electric
vehicle charging station in a common area for the use of all members of the
condominium and develop appropriate terms of use for the charging station.
7. An administrative body governing the condominium may create a new parking space
where one did not previously exist to facilitate the installation of an electric vehicle
charging station.
8. An administrative body governing a condominium which willfully violates this section is
liable for actual damages and shall pay a civil penalty to the applicant or other party in
an amount not to exceed one thousand dollars.
9. Any unit owner installing an electric vehicle charging station shall indemnify and hold
the administrative body governing the condominium harmless from all liability,
including reasonable attorney's fees incurred by the administrative body governing the
condominium resulting from a claim arising out of the installation, maintenance,
operation, or use of the electric vehicle charging station.