(a) As used in this section:
(1) “Association”, “bylaws”, “common elements”, “declaration”, “executive board”, “limited common element”, “purchaser”, “rule”, “unit” and “unit owner” have the same meanings as provided in section 47-202;
(2) “Electric vehicle charging station” has the same meaning as provided in section 16-19f; and
(3) “Reasonable restrictions” means a restriction that does not significantly increase the cost of the electric vehicle charging station or significantly decrease its efficiency or specified performance.
(b) On and after October 1, 2022, any provision of the declaration or bylaws that either prohibits or unreasonably restricts the installation or use of an electric vehicle charging station in a unit parking space or limited common element parking space, or is otherwise in conflict with the provisions of this section, shall be void and unenforceable.
(c) An electric vehicle charging station installed pursuant to this section shall meet all applicable health and safety standards and requirements under any state or federal law or municipal ordinance.
(d) A unit owner may submit an application to the executive board to install an electric vehicle charging station in a unit parking space, or in a limited common element parking space with the written approval of the unit owner of each unit to which use of the limited common element parking space is reserved. The executive board shall acknowledge, in writing, the receipt of any such application not later than thirty days after such receipt, and process such application in the same manner as an application for an addition, alteration or improvement pursuant to the declaration or bylaws. The approval or denial of such application shall be in writing and shall be issued not later than sixty days after the date of receipt of such application. If an application is not denied in writing within such sixty-day period, the application shall be deemed approved, unless the executive board reasonably requests additional information not later than sixty days from the date of receipt of such application.
(e) If a unit owner seeks to install an electric vehicle charging station in a unit parking space or limited common element parking space, the following provisions shall apply:
(1) The unit owner shall obtain approval from the executive board to install the electric vehicle charging station and the executive board shall approve the installation if the owner agrees in writing to: (A) Comply with the provisions of the declaration or bylaws regarding an addition, alteration or improvement; (B) engage a licensed and insured contractor to install the electric vehicle charging station; (C) provide a certificate of insurance, within fourteen days of approval, that demonstrates insurance coverage in amounts deemed sufficient by the board of directors; (D) pay for the costs associated with the installation of the electric vehicle charging station, including, but not limited to, increased master policy premiums, attorney's fees incurred by the association, engineering fees, professional fees, permits and applicable zoning compliance; and (E) pay the electricity usage costs associated with the electric vehicle charging station.
(2) The unit owner, and each successive owner, of the electric vehicle charging station shall be responsible for: (A) The costs for damage to the electric vehicle charging station, common elements or units resulting from the installation, use, maintenance, repair, removal or replacement of the electric vehicle charging station; (B) the costs for the maintenance, repair and replacement of the electric vehicle charging station until it has been removed; (C) the costs for the restoration of the physical space where the electric vehicle charging station was installed after it is removed; (D) the costs of electricity associated with the electric vehicle charging station; (E) the common expenses as a result of uninsured losses pursuant to any master insurance policy held by the association of unit owners; and (F) making disclosures to prospective buyers regarding (i) the existence of the electric vehicle charging station, (ii) the associated responsibilities of the unit owner under this section, and (iii) the requirement that the purchaser accepts the electric vehicle charging station unless it is removed prior to the transfer of the unit.
(3) A unit owner shall not be required to maintain a liability coverage policy for an existing National Electrical Manufacturers Association standard alternating current power plug.
(f) An association may (1) install an electric vehicle charging station in the common elements for the use of all unit owners and develop appropriate rules for such use, (2) create a new parking space where one did not previously exist to facilitate the installation of an electric vehicle charging station, (3) require the unit owner to remove the electric vehicle charging station prior to the unit owner's sale of the property unless the purchaser of the property agrees to take ownership of the electric vehicle charging station, and (4) assess the unit owner for any uninsured portion of a loss associated with an electric vehicle charging station, whether resulting from a deductible or otherwise, regardless of whether the association submits an insurance claim.
(g) In any action by an association seeking to enforce compliance with this section, the prevailing party shall be awarded reasonable attorney's fees.
(h) The provisions of this section shall not apply to an association that imposes reasonable restrictions on electric vehicle charging stations or has electric vehicle charging stations at a ratio that is equal to or greater than fifteen per cent of the number of units.
(P.A. 22-25, S. 3.)
Structure Connecticut General Statutes
Title 47 - Land and Land Titles
Chapter 828 - Common Interest Ownership Act
Section 47-200. - Short title: Common Interest Ownership Act.
Section 47-201. - Applicability of chapter.
Section 47-202. - Definitions.
Section 47-203. - Variation by agreement and waiver of rights prohibited. Exceptions.
Section 47-206. - Eminent domain.
Section 47-207. - Supplemental general principles of law applicable.
Section 47-208. - Construction against implicit repeal.
Section 47-209. - Severability.
Section 47-211. - Obligation of good faith.
Section 47-212. - Remedies to be liberally administered.
Section 47-213. - Adjustment of dollar amount.
Section 47-214. - Applicability of chapter and amendments thereto to common interest communities.
Section 47-216. - Applicability to preexisting common interest communities.
Section 47-217. - Exception for certain preexisting common interest communities.
Section 47-218. - Applicability to amendments to governing instruments.
Section 47-219. - Applicability to out-of-state common interest communities.
Section 47-219b. - Exemption re covenant to share costs or other obligations.
Section 47-220. - Creation of common interest community.
Section 47-221. - Unit boundaries.
Section 47-223. - Description of unit.
Section 47-224. - Contents of declaration.
Section 47-225. - Leasehold common interest communities.
Section 47-226. - Allocation of interests.
Section 47-227. - Limited common elements.
Section 47-228. - Surveys and plans.
Section 47-229. - Exercise of development rights.
Section 47-230. - Alterations of units.
Section 47-231. - Relocation of unit boundaries.
Section 47-232. - Subdivision of units.
Section 47-233. - Monuments as boundaries.
Section 47-234. - Use for sales purposes.
Section 47-235. - Easement and use rights.
Section 47-236. - Amendment of declaration or bylaws.
Section 47-237. - Termination of common interest community.
Section 47-238. - Rights of secured lenders.
Section 47-239. - Master associations.
Section 47-240. - Merger or consolidation of common interest communities.
Section 47-241. - Addition of unspecified real property.
Section 47-241a. - Master planned communities.
Section 47-242. - Addition of land or units to limited equity cooperative.
Section 47-243. - Organization of unit owners' association.
Section 47-244. - Powers and duties of unit owners' association.
Section 47-244a. - Unincorporated unit owners' association's statutory agent for service.
Section 47-244b. - Service of process on statutory agent.
Section 47-246. - Transfer of special declarant rights. Obligations and liabilities.
Section 47-247. - Termination of contracts and leases.
Section 47-249. - Upkeep of common interest community. Liability for expenses.
Section 47-250. - Meetings. Rules.
Section 47-252. - Voting. Proxies. Ballots.
Section 47-254. - Conveyance or encumbrance of common elements.
Section 47-256. - Surplus funds.
Section 47-258. - Lien for assessments and other sums due association. Enforcements.
Section 47-259. - Other liens.
Section 47-260. - Association records. Copies. Fees.
Section 47-261. - Association as trustee.
Section 47-261a. - Basic education program for association members and management.
Section 47-261c. - Notice to unit owners.
Section 47-261d. - Removal of officers and directors.
Section 47-261e. - Adoption of budgets. Special assessments. Loan agreements.
Section 47-261f. - Litigation involving declarant.
Section 47-263. - Public offering statement requirements. Liability.
Section 47-264. - Public offering statement. General provisions and requirements.
Section 47-268. - Requirements for public offering statement when interest in community is security.
Section 47-269. - Purchaser's right to cancel.
Section 47-270. - Resales of units.
Section 47-271. - Escrow of deposits. Distribution of interest.
Section 47-272. - Release of liens.
Section 47-273. - Rights of tenants in conversion buildings.
Section 47-274. - Express warranties of quality.
Section 47-275. - Implied warranties of quality.
Section 47-276. - Exclusion or modification of implied warranties of quality.
Section 47-277. - Action for breach of warranty. Statute of limitations.
Section 47-279. - Labeling of promotional material.
Section 47-280. - Declarant's obligation to complete and restore.
Section 47-281. - Substantial completion of units required.
Section 47-282. - Statement of policy.
Section 47-283. - Definitions.
Section 47-284. - Conversion tenant's right to conversion notice and public offering statement.
Section 47-285. - Conversion tenant's right to purchase converted unit.
Section 47-286. - Conversion tenant's right to terminate lease and abandon unit.
Section 47-287. - Conversion tenant's right to relocation payment.
Section 47-288. - Registration of common interest community. Notice to Department of Housing.
Section 47-289. - Rent increases of conversion tenants.
Section 47-290. - Eviction of conversion tenants.
Section 47-291. - Unenforceable lease provisions.
Section 47-292. - Tenant's cause of action.
Section 47-293. - Applicability of protection afforded conversion tenants.
Section 47-294. - Complaints of violations. Investigations. Enforcement action by Attorney General.