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Charging Stations for Electric Vehicles in Florida Condos

Posted by Denise Stewart on Friday, February 4th, 2022 at 1:58pm.

We are sometimes asked: What is the Condo Law in Florida on Charging Stations?

 

Condo owners, like any other owner of electric cars, need a place to charge them. Sometimes it is a matter of cost, and most times buyers of condos need to know their rights before they sign a contract to purchase a condo. Since this is a relatively new topic in condominium law, many condo associations will be confused as to the rights of unit owners, and the obligations of the condo associations. 

For condominiums, Florida Statutes 718.113 (8) provides: 

(a) A declaration of condominium or restrictive covenant may not prohibit or be enforced so as to prohibit any unit owner from installing an electric vehicle charging station or a natural gas fuel station within the boundaries of the unit owner’s limited common element or exclusively designated parking area. The board of administration of a condominium association may not prohibit a unit owner from installing an electric vehicle charging station for an electric vehicle, as defined in s. 320.01, or a natural gas fuel station for a natural gas fuel vehicle within the boundaries of his or her limited common element or exclusively designated parking area.

(b) The installation may not cause irreparable damage to the condominium property.
(c) The electricity for the electric vehicle charging station or natural gas fuel station must be separately metered or metered by an embedded meter and payable by the unit owner installing such charging or fuel station or by his or her successor.
(d) The cost for supply and storage of the natural gas fuel must be paid by the unit owner installing the natural gas fuel station or by his or her successor.
(e) The unit owner who is installing an electric vehicle charging station or a natural gas fuel station is responsible for the costs of installation, operation, maintenance, and repair, including, but not limited to, hazard and liability insurance.
Basically the above statute requires the owner’s charging station to be separately metered. The meter will measure the amount of electricity used by the charging station independent of the association’s main meter so the unit owner can be billed for the actual use.
What amount of increased liability insurance is sufficient for this? You should consult your insurance agent on this question. You may not need additional coverage. But if your agent says that your regular premium will be increased because of the charging station, then you may pass that increased premium cost on to the owner.
If the association puts up metered charging stations for owners/guests, will that impact our insurance? The association can install common element charging stations with a board vote. Your agent should be able to tell you if that will increase your premium or require additional coverage.
What is the association’s liability if a guest or trespasser trips and falls over cords to charge the vehicle? The association may require the owner installing the charging station to “provide a certificate of insurance naming the association as an additional insured on the owner’s insurance policy for any claim related to the installation, maintenance, or use of the electric vehicle charging station or natural gas fuel station within 14 days after receiving the association’s approval to install such charging or fuel station or notice to provide such a certificate.” In my experience, getting an insurance carrier to name the association as an additional insured is easier said than done, so if they will not do it, you could make the owner indemnify the association for liability.
The biggest issue seems to be when the current electrical infrastructure and capacity of the lines and equipment for a condominium are not sufficient to support charging stations. This is a key issue, and you should require the owner to prove that the association’s system can handle the load and then verify that with your own electrician.
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