§ 339-LL — Electric vehicle charging station installation

New York § 339-LL

• Jurisdiction: New York
• Law RPP: Real Property
• Art. 9-B: Condominium Act

Text

§ 339-ll. Electric vehicle charging station installation. 1. As used\nin this section:\n (a) "Reasonable restrictions" means restrictions that do not\nsignificantly increase the cost of the station or significantly decrease\nits efficiency or specified performance.\n (b) "Electric vehicle charging station" means a station that delivers\nelectricity from a source outside an electric vehicle into one or more\nelectric vehicles. An electric vehicle charging station may include\nseveral charge points simultaneously connecting several electric\nvehicles to the station and any related equipment needed to facilitate\ncharging plug-in electric vehicles.\n 2. (a) Any covenant, restriction, or condition contained in any deed,\ncontract, security instrument, or other instrument affecting the\ntransfer or sale of any interest in the property, and any by-laws, that\neither effectively prohibits or unreasonably restricts the installation\nor use of an electric vehicle charging station within an owner's unit or\nin a designated parking space, including, but not limited to, a deeded\nparking space, a parking space in an owner's exclusive use common\nelement, or a parking space that is specifically designated for use by a\nparticular owner, or is in conflict with the provisions of this section\nshall be void and unenforceable.\n (b) This section shall not apply to by-laws that impose reasonable\nrestrictions on electric vehicle charging stations. However, it is the\npolicy of the state to promote, encourage, and remove obstacles to the\nuse of electric vehicle charging stations.\n (c) An electric vehicle charging station shall meet all applicable\nhealth and safety standards and requirements imposed by law, rule or\nregulation.\n (d) If approval is required for the installation or use of an electric\nvehicle charging station the application for approval shall be processed\nand approved by the association in a manner prescribed by the\nassociation and shall not be willfully avoided or delayed. The approval\nor denial of an application shall be in writing. If an application is\nnot denied in writing within sixty days from the date of receipt of the\napplication, the application shall be deemed approved, unless that delay\nis the result of a reasonable request for additional information.\n (e) If the electric vehicle charging station is to be placed in the\ncommon elements or in an exclusive use common element, as designated in\nthe common interest declaration, the following provisions shall apply:\n (i) The owner first shall obtain approval from the association to\ninstall the electric vehicle charging station and the association shall\napprove the installation if the owner agrees in writing to do all of the\nfollowing:\n (A) comply with the association's architectural standards for the\ninstallation of the charging station;\n (B) engage a licensed contractor to install the charging station;\n (C) within fourteen days of approval, provide a certificate of\ninsurance that names the association as an additional insured under the\nowner's insurance policy pursuant to subparagraph (iii) of this\nparagraph; and\n (D) pay for both the costs associated with the installation of and the\nelectricity usage associated with the charging station.\n (ii) The owner and each successive owner of the charging station shall\nbe responsible for all of the following:\n (A) costs for damage to the charging station, common elements,\nexclusive use common elements, or separate units resulting from the\ninstallation, maintenance, repair, removal, or replacement of the\ncharging station;\n (B) costs for the maintenance, repair, and replacement of the charging\nstation until it has been removed and for the restoration of the common\nelements after removal;\n (C) the cost of electricity associated with the charging station; and\n (D) disclosing to prospective buyers the existence of any charging\nstation of the owner and the related responsibilities of the owner under\nthis section.\n (iii) The owner of the charging station, whether located within a\nseparate unit or within the common elements or exclusive use common\nelements, shall, at all times, maintain a liability coverage policy. The\nowner that submitted the application to install the charging station\nshall provide the association with the corresponding certificate of\ninsurance within fourteen days of approval of the application. That\nowner and each successor owner shall provide the association with the\ncertificate of insurance annually thereafter.\n (iv) A homeowner shall not be required to maintain a homeowners\nliability coverage policy for an existing national electrical\nmanufacturers association standard alternating current power plug.\n (f) Except as provided in paragraph (g) of this subdivision,\ninstallation of an electric vehicle charging station for the exclusive\nuse of an owner in a common element, that is not an exclusive use common\nelement, shall be authorized by the association only if installation in\nthe owner's designated parking space is impossible or unreasonably\nexpensive. In such cases, the association shall enter into a license\nagreement with the owner for the use of the space in a common area, and\nthe owner shall comply with all of the requirements in paragraph (e) of\nthis subdivision.\n (g) The association or owners may install an electric vehicle charging\nstation in the common elements for the use of all members of the\nassociation and, in that case, the association shall develop appropriate\nterms of use for the charging station.\n (h) An association may create a new parking space where one did not\npreviously exist to facilitate the installation of an electric vehicle\ncharging station.\n (i) An association that willfully violates this section shall be\nliable to the applicant or other party for actual damages, and shall pay\na civil penalty to the applicant or other party in an amount not to\nexceed one thousand dollars.\n (j) In any action by a unit owner requesting to have an electric\nvehicle charging station installed and seeking to enforce compliance\nwith this section, the unit owner shall be awarded reasonable attorney's\nfees if he or she prevails.\n