The Illinois Electric Vehicle Charging Act opens the door for cleaner transportation across residential communities. As more residents switch to electric cars, homeowners associations must adjust their rules. This law ensures that residents can charge their vehicles at home without facing unfair roadblocks.
What is the Illinois Electric Vehicle Charging Act?
The Illinois Electric Vehicle Charging Act, a state law, took effect in 2024. It supports the growth of electric vehicle (EV) infrastructure in residential areas. The law applies to new residential construction as well as specific rules in common interest communities such as condominiums and HOAs.
The goal is to make EV charging easier and more accessible for residents. The law encourages buildings and HOAs to allow EV chargers, while still giving communities some control over how and where they are installed.
For multifamily properties and condominiums, the law sets out rights and obligations. It provides residents with the ability to install personal charging stations, while also protecting associations from having to pay for them.
Can the HOA Restrict EV Car Chargers?
In most cases, no. Illinois law now limits how much an HOA can block a resident from installing an EV charger.
The Illinois Electric Vehicle Charging Act states that associations cannot outright ban EV chargers on a homeowner’s exclusive-use parking spot, such as a deeded garage or assigned parking stall. This means residents have a legal right to install charging equipment, even if the HOA prefers not to allow it.
That said, homeowners still need to follow certain rules. The HOA can require that residents submit a formal request before installation. The association can also enforce reasonable restrictions related to safety, aesthetics, insurance, and contractor qualifications.
If a resident installs a charger without proper approval, the HOA may take action. But if the resident follows the right steps and covers the cost, the HOA cannot deny the request without a valid reason.
Key Points in the Illinois Electric Vehicle Charging Act
The Illinois EV Charging Act can be confusing for association boards. Here are the key points to take away from this law.
1. Allow EV Charging Stations
The law protects the right of unit owners to install EV charging stations on or near their personal parking spaces. This right applies whether the parking area is part of the homeowner’s deeded property or assigned for their exclusive use.
Associations must allow charging stations unless there is a compelling safety or technical reason not to. Aesthetic concerns alone do not justify a denial. This applies only when the resident agrees to follow the rules and pay for all related expenses.
2. No Obligation to Cover Costs
The Act makes it clear that HOAs and condo associations are not responsible for paying for the installation and maintenance of charging stations. The unit owner must cover the entire cost of installation, maintenance, insurance, electricity, and eventual removal if necessary.
If installation requires upgrades to the electrical system, the homeowner must also pay for those. If damage occurs during installation or use, the owner is responsible for the repairs.
Of course, HOAs can still cover the installation cost if they prefer. This setup will likely require more stringent policies regarding usage, maintenance, and payment.
3. HOA Approval
Even though HOAs must allow EV chargers, they can still require an approval process. After all, associations aim to maintain the neighborhood’s appeal, which can have a direct impact on property values.
Owners must submit a formal request that includes detailed plans, relevant permits, and the names of the contractor (s) involved. The HOA can request proof of insurance and ask the owner to sign an agreement accepting full responsibility.
The association may also require the work to comply with all applicable building codes and association standards. This ensures safety and consistency in the community.
How to Update Policies for EV Charging in Illinois HOA Communities
To comply with the Illinois Electric Vehicle Charging Act, HOAs should craft a clear policy. This policy should be in writing and subsequently distributed to all residents.
A good HOA EV charging policy should cover the following:
1. Cost Responsibility
First, the policy must clearly state that the resident is responsible for covering all installation, maintenance, and utility costs. This includes any electrical upgrades or damage caused by the work.
2. Location of the Charger
The policy should also define where EV chargers can be installed. This can include garage walls, designated parking stalls, or other areas reserved for exclusive use.
3. Approval Process
Next, the policy must outline the process by which residents can apply for the installation. Associations should require residents to submit plans, permits, and details of licensed contractors, among other requirements.
4. Contractor Requirements
Associations should also require residents to hire a licensed and insured contractor for the job. Ideally, the contractor would have previous experience in installing EV equipment as well. This protects both the association and the homeowner.
5. Building Code Compliance
The policy should require that the EV chargers meet local, state, and national electrical codes. It is a good idea to add a section stating that residents must obtain all necessary permits before starting work.
6. Aesthetic Guidelines
While aesthetic objections alone can’t justify a denial, the policy can still outline acceptable materials, cable concealment, and paint colors. This ensures that the neighborhood’s appearance remains consistent.
7. Insurance Coverage
The policy should also require the resident to carry liability insurance. The HOA can set a minimum policy amount and require proof of coverage.
8. Maintenance and Repairs
The policy must state that the resident is responsible for all maintenance and repairs. They must also shoulder the cost and responsibility for the eventual removal of the station if the system fails or they decide to move.
9. Indemnity Agreement
Associations can protect themselves from potential liability by requiring owners to sign a legal agreement. This indemnity clause protects the HOA from legal risks.
10. Usage Tracking
If the charger uses shared electricity, the policy should also include a method for metering or calculating fair usage. The EV charger provider should be able to help with this.
11. Payment for Electricity
Next, the policy should outline how residents will reimburse the association for electricity usage. This can use meter readings as a basis or charge flat monthly fees.
12. Safety and Emergency Access
To ensure safety, chargers should never block emergency paths or violate fire codes. Access and fire safety are top priorities.
13. Shared Chargers (Optional)
If the association installs shared EV chargers, the policy should define how they will be used, scheduled, and paid for. This ensures clarity and prevents disputes within the community.
14. Transfer of Responsibility
The policy should include language that outlines what happens when an owner sells their unit. The new owner may need to accept responsibility or remove the charger.
15. Removal Requirements
Finally, the policy should clearly state when and how chargers must be removed. This is especially if they stop working or if the owner fails to maintain them.
The Final Word
The Illinois Electric Vehicle Charging Act empowers homeowners to install EV chargers while protecting HOAs from incurring unfair costs. As electric vehicles become increasingly popular, associations must adapt their rules accordingly. With a clear policy and fair process, HOAs can support clean energy while maintaining safety and control.
Hillcrest offers HOA management services to communities in Chicago. Call us today at 630-627-3303 or contact us online to request a proposal!
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