(a) In this section, “electric vehicle recharging equipment” has the meaning stated in § 11–111.4 of this article.
(b) A recorded covenant or restriction, a provision in a declaration, or a provision in the bylaws or rules of a homeowners association is void and unenforceable if the covenant, restriction, or provision:
(1) Is in conflict with the provisions of this section; or
(2) Effectively prohibits or unreasonably restricts the installation or use of electric vehicle recharging equipment in a lot owner’s deeded parking space or a parking space that is specifically designated for use by a particular owner.
(c) (1) If approval is required for the installation or use of electric vehicle recharging equipment in a development, the governing body shall process and review an application for approval in the same manner as an application for approval of an architectural modification to a dwelling.
(2) The governing body may not willfully avoid or delay processing and reviewing an application for approval.
(3) If an application is not denied in writing within 60 days after the governing body receives the application, the application shall be deemed approved, unless the delay is the result of a reasonable request for additional information.
(4) The approval or denial of an application shall be in writing.
(d) (1) The governing body shall approve the installation of electric vehicle recharging equipment in a lot owner’s deeded parking space or a parking space that is specifically designated for use by a particular owner if:
(i) Installation:
1. Does not unreasonably impede the normal use of an area outside the lot owner’s parking space; and
2. Is reasonably possible; and
(ii) The lot owner agrees in writing to:
1. Comply with:
A. All relevant building codes and safety standards to maintain the safety of all users of the common area; and
B. The development’s architectural standards for the installation of the electric vehicle recharging equipment;
2. Engage a licensed contractor to install the electric vehicle recharging equipment; and
3. Pay for the electricity usage associated with the separately metered electric vehicle recharging equipment.
(2) The lot owner and each successive owner of the electric vehicle recharging equipment shall be responsible for:
(i) Installation costs for the electric vehicle recharging equipment;
(ii) Costs for damage to the electric vehicle recharging equipment or common area resulting from the installation, maintenance, repair, removal, or replacement of the electric vehicle recharging equipment;
(iii) Costs for the maintenance, repair, and replacement of the electric vehicle recharging equipment up until the equipment is removed;
(iv) If the lot owner decides to remove the electric vehicle recharging equipment, costs for the removal and for the restoration of the common area after removal; and
(v) The cost of electricity associated with the electric vehicle recharging equipment.
(e) A lot owner shall obtain any permit or approval for electric vehicle recharging equipment that is required by the county or municipal corporation in which the development is located.
(f) The governing body may grant a license for up to 3 years, renewable at the discretion of the governing body, on any common element necessary for the installation of equipment or for the supply of electricity to any electric vehicle recharging equipment.
(g) A lot owner shall:
(1) Provide a certificate of insurance naming the association as an additional insured; or
(2) Reimburse the association for the cost of an increased insurance premium attributable to the electric vehicle recharging equipment.
Structure Maryland Statutes
Title 11B - Maryland Homeowners Association Act
Section 11B-102 - Applicability of Title and 11b-105 Through 11b-108 and 11b-110
Section 11B-105 - Initial Sale of Lots in Developments Containing More Than 12 Lots
Section 11B-106 - Resale of Lot; Initial Sale of Lot in Development Containing 12 or Fewer Lots
Section 11B-106.1 - Responsibility for Maintenance, Repair, and Replacement of Common Elements
Section 11B-106.2 - Sale of Common Elements
Section 11B-107 - Initial Sale of Lot Not Intended to Be Occupied or Rented for Residential Purposes
Section 11B-108 - Cancellation of Contract
Section 11B-109 - Untrue Statements or Omissions by Vendor
Section 11B-110 - Warranties; Notice of Defect
Section 11B-111 - Meetings of Homeowners Association or Its Governing Body
Section 11B-111.1 - Family Child Care Homes -- No-Impact Home-Based Businesses
Section 11B-111.2 - Candidate or Proposition Sign
Section 11B-111.3 - Distribution of Written Information and Materials
Section 11B-111.5 - Court Appointment of Receiver
Section 11B-111.6 - Fidelity Insurance
Section 11B-111.7 - Number of Declarant Votes
Section 11B-112.1 - Late Charges
Section 11B-112.2 - Annual Budget
Section 11B-112.3 - Reserve Study of Homeowners Association Common Areas -- Criteria
Section 11B-113 - Homeowners Association Depository
Section 11B-113.1 - Electronic Transmission of Notice
Section 11B-113.2 - Electronic Transmission of Votes or Proxies
Section 11B-113.3 - Deletion of Ownership Restrictions Based on Race, Religion, or National Origin
Section 11B-113.4 - Annual Charge
Section 11B-113.5 - Annexation of Land in Howard County
Section 11B-114 - Electronic Payment Fees
Section 11B-115 - Enforcement Authority of Division of Consumer Protection
Section 11B-115.1 - Enforcement by Division of Consumer Protection
Section 11B-116 - Amendment of Governing Document
Section 11B-117 - Liability for Homeowners Association Assessments and Charges on Lots