mspohr
Well-Known Member
That's not a charger. It just supplies power to the charger in the car. It's an electric plug with some smarts to protect you from getting a shock.
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Installed a Tesla charger in my condo garage. Other owners are forcing me to remove it. Thoughts?
- Thread starter Andre Mercier
- Start date
This is getting really out of hand, where people are now going around correcting people when they didn't even say charger.
mspohr
Well-Known Member
Yes, he said "equipment" as a way to make it sound more complicated than just an electric socket.
EVSEs cost hundreds of dollars and have circuit boards and software in them. Of course it's "equipment" and not just an outlet.
mspohr
Well-Known Member
Semantics. OK, I give up.
Let's get back to goat slaughtering...
TaoJones
Beyond Driven
To which a proper response could only be....
“Ni!”
I’ll see myself out. Must find a proper shrubbery.
And some mint jelly.
Don't bother getting a lawyer, you will lose.
Having your installation reversed doesn't mean your right to have an EV charger for your use is denied.
If, for example, you want to install an EV charger in a private parking lot for public use, you still need a city permit and the city needs to approve the plans. You can't jump the gun. HOAs would not be treated differently in the same scenario.
Your best bet is to resign and apologize to everyone to get on everyone's good side. I mean this is understandable and if the setup is not too ugly, I'm sure 4 of 7 of your neighbors could approve as they may need a favor from you later as well.
My take.
Having your installation reversed doesn't mean your right to have an EV charger for your use is denied.
If, for example, you want to install an EV charger in a private parking lot for public use, you still need a city permit and the city needs to approve the plans. You can't jump the gun. HOAs would not be treated differently in the same scenario.
Your best bet is to resign and apologize to everyone to get on everyone's good side. I mean this is understandable and if the setup is not too ugly, I'm sure 4 of 7 of your neighbors could approve as they may need a favor from you later as well.
My take.
I agree. Reading the statute that was linked to earlier in the thread, it states that HOAs cannot turn down a charger/connector as long as it follows certain requirements, but they can make requirements as long as it does not significantly alter the functionality. For example, they could say that for aesthetic purposes, the equipment being installed must be in the center of the parking space, no more than 3 feet from the floor. That requirement does not change how the equipment works, and thus would be a permitted requirement by the HOA. They could require that any hole needing to be drilled through the wall must be done in a certain location, or must come in towards the floor and use conduit to connect into the equipment. But the statute does say that you have to go through the normal approval process, and sets a reasonable timeframe for approval (and a requirement that it is deemed approved if not responded to within a certain duration).
Not getting written notice of approval from the HOA means that the law was not followed and the requirements for the HOA to approve do not apply. The HOA probably can make you remove and patch the wall, submit a request through their normal process, and then approve it in the exact location you already had it installed. Just as a way to cost you money because you circumvented the process.
Even if you lose, this does not mean that courts will rule that they can remove the EVSE. Some court precedent on this topic is a good thing.
I can almost guarantee that you're wrong. In fact, if this thing is going to court, I will put money on this.
The problem with the OP is that he/she want to claim that his/her right to have an EV charger is being denied. However, he/she hasn't been denied because he/she did not go through the proper channels to be denied. The HOA was not consulted to have a say.
In fact, the other owners' right to review is denied by the OP. They are all partial owners of the association and I do not think the OP's electrician could go from the panel/breaker to the parking spot without going thru communal property.
If this goes to court, the first thing to happen will be for everything to be uninstalled first.
I wouldn't go this route because this is just a pissing contest and one that OP will lose.
Last edited:
EV-lutioin
Active Member
This is a win-win, you get to keep your charger (according to state law) and you don't have to be president anymore. 
State laws ALWAYS supersede condo and HOA rules, no matter what the members think.
TT97
Active Member
I don't think the posters are saying the HOA rules trump the Civil Code, the issue is that the code was not followed.
Civil Code §4745. Electric Vehicle Charging Stations.
(f) If the electric vehicle charging station is to be placed in a common area or an exclusive use common area, as designated in the common interest development’s declaration, the following provisions apply:
(f) If the electric vehicle charging station is to be placed in a common area or an exclusive use common area, as designated in the common interest development’s declaration, the following provisions apply:
(1) The owner first shall obtain approval from the association to install the electric vehicle charging station and the association shall approve the installation if the owner agrees in writing to do all of the following...
As the OP did not obtain proper approval to install the charging station, everything else is moot. The OP will lose in court.
It is the OP's best interest to resolve the issue amicably with the HOA and use the incident to draft a procedure for the next owner that wants to install a charging station.
Absolutely right, besides this I don't believe the OP's HOA has a rule that denies installation of an EV Charger. This would violate state law. But this isn't what happened.
Not getting approval and be asked to reverse the installation does not violate state law.
Getting on everyone's good is the only I could see this resolved in OP's favor.
As every current and former HOA President knows, the second item is the most important.This is a win-win, you get to keep your charger (according to state law) and you don't have to be president anymore.
In fact, with a property of eight units, I'm amazed they are not kissing the OPs feet and begging him to please stay as President. I know I would be.
Xenoilphobe
Well-Known Member
cpa
Active Member
The statute seems to have a condition precedent before installation can proceed. I think the other posters are right: The Board can force you to remove everything and restore to the condition prior to installation. Then you must go through the entire approval process.
You don't want this to evolve into a lengthy and expensive battle over principles. Perhaps a peace offering to placate the majority of the owners would suffice: Have them vote on a suitable fine for you to pay for not following the statute in exchange for an ex post facto approval of your installation. Offer to provide your plans and drawings for anyone else in the community who might be contemplating installing a charging spot in their parking slot.
HOAs can be little fiefdoms unto themselves. Throw in a person or two with a thirst for power, and well, ya got trouble my friends; right here in Condo City. Trouble with a capital "T" that rhymes with "P" that stands for power!! (Apologies to Meredith Willson.)
You don't want this to evolve into a lengthy and expensive battle over principles. Perhaps a peace offering to placate the majority of the owners would suffice: Have them vote on a suitable fine for you to pay for not following the statute in exchange for an ex post facto approval of your installation. Offer to provide your plans and drawings for anyone else in the community who might be contemplating installing a charging spot in their parking slot.
HOAs can be little fiefdoms unto themselves. Throw in a person or two with a thirst for power, and well, ya got trouble my friends; right here in Condo City. Trouble with a capital "T" that rhymes with "P" that stands for power!! (Apologies to Meredith Willson.)
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