§ 343 — Certain covenants, conditions, and restrictions of homeowners' associations prohibited

§ 343. Certain covenants, conditions, and restrictions of homeowners'\nassociations prohibited. 1. Definitions. For the purposes of this\nsection:\n (a) "restriction on use" shall mean any covenant, restriction, or\ncondition contained in:\n (i) a deed;\n (ii) a contract;\n (iii) the by-laws of a homeowners' association;\n (iv) any rules or regulations adopted by a homeowners' association;\n (v) a security agreement; or\n (vi) any other instrument affecting the transfer or sale of, or any\ninterest in, real property.\n (b) "electric vehicle charging station" shall have the same meaning as\nsuch term is defined in section three hundred thirty-nine-ll of this\nchapter.\n 2. A homeowners' association may not adopt or enforce any rules or\nregulations that would effectively prohibit, or impose unreasonable\nlimitations on, the installation or use of an electric vehicle charging\nstation. A restriction on use which effectively prohibits the\ninstallation or use of an electric vehicle charging station is\nunenforceable and shall be void as contrary to public policy. For the\npurposes of this subdivision, an unreasonable limitation includes, but\nis not limited to, any restriction on use that:\n (a) inhibits the electric vehicle charging station from functioning at\nits intended maximum efficiency; or\n (b) increases the electric vehicle charging station's installation or\nmaintenance costs by an amount which is estimated to be greater than ten\npercent of the total cost of the initial installation of the electric\nvehicle charging station, including the costs of labor and equipment.\n 3. Notwithstanding subdivision two of this section, a homeowners'\nassociation may adopt or enforce a restriction on use to prohibit the\ninstallation of an electric vehicle charging station that is located on\nproperty owned by the homeowners' association or that is located on\nproperty owned in common by the members of the homeowners' association.\n 4. If approval for the installation or use of an electric vehicle\ncharging station is required by a homeowners' association, the\napplication for approval shall be processed and approved by the\nassociation in a manner prescribed by the association and shall not be\nwillfully avoided or delayed. The approval or denial of an application\nshall be in writing. Any denial of a homeowner's application shall\ninclude a detailed description of the exact basis for the denial and\nshall include specific examples of the homeowners' association's\nconcerns, if applicable. If an application is not denied in writing\nwithin sixty days from the date of receipt of the application, the\napplication shall be deemed approved, unless that delay is the result of\na reasonable request for additional information.\n 5. An electric vehicle charging station shall meet the requirements\nestablished by any local, state or federal law, rule or regulation on\nhealth and safety standards and those requirements imposed by state and\nlocal permitting authorities.\n 6. In any action by a homeowner requesting to have an electric vehicle\ncharging station installed and seeking to enforce compliance with this\nsection, the homeowner shall be awarded reasonable attorney's fees if he\nor she prevails.\n