HELP! Expert comments needed to submit to California HOA board regarding proposed EV charging rules. Unless provisions of these rules violate CA SB 880 they will enact these rules 6/18/15. If you are an expert in CA condo law/SB 880 please comment asap. Rules like these will discourage EV adaption in condos. I am working with representatives in both the CA Assembly and CA Senate to revise SB 880 to be more EV friendly but this will not help me before 6/18! GARAGE AND PARKING GUIDELINES APPLICABLE TO RESIDENTIAL UNITS Electric Vehicle Charging Stations: Installation, Maintenance and Use. The installation, maintenance and use of an electric vehicle charging station (“charging station”) within (development name) shall be subject to the following rules (“Rules”). All capitalized terms as used in these Rules shall, unless stated otherwise, be defined as set forth in the Declaration of Covenants, Conditions, Restrictions and Reservation of Easements of (development name) (the “CC&Rs”). 1. No charging station, or any part or component thereof, may be placed, installed, constructed or used within the Association Property (including any Parking Space within the Parking Garage) without the prior written permission of the Association’s Board. Additionally, Owners who wish to install, construct or use a charging station must, prior to the installation, construction, and/or use, enter into a written license agreement with the Association, which shall set out the terms of the Owner’s use of the Association’s Common Area and shall be recorded with the County Recorder’s Office. The license agreement shall incorporate the rules set forth herein. The Association reserves its right to charge the Owner a reasonable fee for the preparation and recordation of the license agreement. 2. The charging station, and all parts and components thereof, shall be designed in compliance with the California Building Standards Code and shall meet applicable health and safety standards and requirements imposed by state and local permitting authorities. 3. The Owner shall: (A) Comply in all respects with these Rules and any additional Architectural Standards promulgated under Article 9 of the CC&Rs with respect to the design, installation, maintenance, use and removal of a charging station. (B) Engage a licensed contractor to install and maintain the charging station. (C) Within 14 days following Association’s approval of the charging station and prior to the commencement of construction, and annually thereafter, provide a certificate of insurance that names Association as an additional insured under the Owner’s insurance policy. 4. The Owner applicant, and each successive Owner of the Owner applicant’s Unit shall, for as long as they are an Owner of the Unit, be responsible for all of the following: (A) All costs for the design, installation, maintenance, removal, repair, and replacement of the charging station, and all parts and components of it. (B) The cost of electricity associated with the charging station as determined by the Board or by any vendor retained by the Association for such purpose, as well as the cost of design, installation, maintenance, removal, repair, and replacement of any sub-meters necessary to measure the electricity use associated with the charging station. (C) Disclosing to prospective buyers of the Unit the existence of the charging station and the related responsibilities of the Owner of the Unit. (D) All costs for damage to the charging station, the Association Property, the Units, and all other persons and property, real and personal, resulting from the installation, maintenance, repair, removal, or replacement of the charging station. Without limiting the foregoing: (i) Owner shall accept all liability and responsibility for any damages resulting to Owner, the Units, Association, the Association Property, the Common Area, and all persons and other real or personal property arising from or related to the installation, maintenance or removal of the charging station. (ii) Owner shall indemnify Association, its members, officers, directors, agents, representatives and employees, and save and hold them harmless, and defend them at Owner’s sole expense, from any liability or claims, demands, damages, costs or judgments that Association, its members, officers, directors, agents, representatives and employees may suffer arising out of or related to the installation, maintenance, use or removal of the charging station. (iii). Owner shall reimburse Association upon demand for any damages, losses, costs and judgments, including all increased insurance costs to Association, resulting to Association from the installation, maintenance or removal of the charging station. 5. The Owner applicant, and each successive Owner of the Owner applicant’s Unit, shall maintain at all times for as long as they are an Owner of the Unit, an umbrella liability coverage policy in the amount of one million dollars ($1,000,000) covering the obligations of the Owner under paragraph (4), and shall name the Association as an additional insured under the policy with a right to notice of cancellation. An Owner who utilizes an existing standard alternating current power plug in accordance with the National Electrical Manufacturers Association is not required to maintain a liability coverage policy as required by this Section. However, such Owner must still comply with, and remains subject to, any and all other rules in this policy, including, but not limited to, Sections 3 and 4 above. 6. The Owner shall remove the charging station, or any part of it, at Owner’s expense upon request if the Board of Directors determines such removal is necessary in order to maintain, repair or replace the Association Property, and the cost of reinstalling the charging station or any part of it shall be at Owner’s expense. 7. All provisions of the CC&Rs not in conflict with these Rules or with California Civil Code Section 4745, or any comparable superseding statute, regarding the approval, construction, installation, use, maintenance, repair, and replacement of an electric vehicle charging station shall apply. Upon amendment of California Civil Code Section 4745 or any comparable superseding statute, these Rules shall be deemed to be amended accordingly, without the necessity of Board action. 8. Any Owner who violates this policy or otherwise uses the Association’s common-area electricity outlets for his/her personal use, including to charge his/her electric vehicle, will be subject to a $250 fine per violation per month, plus the costs of electricity associated with his/her usage. Owners shall be held responsible for violations of this policy by their family members, tenants, guests and other legal residents. 9. Installation of an electric vehicle charging station for the exclusive use of an Owner in a common area that is not an exclusive use common area shall be authorized by the association only if installation in the owner's designated parking space is impossible or unreasonably expensive. In such cases, the association shall enter into a license agreement with the owner for the use of the space in a common area, and the owner shall comply with all of the requirements above. 10. For purposes of this Policy, a “charging station” means a station that is designed in compliance with the California Building Standards Code and delivers electricity from a source outside an electric vehicle into one or more electric vehicles. An electric vehicle charging station may include several charge points simultaneously connecting several electric vehicles to the station and any related equipment needed to facilitate charging plug-in electric vehicles. Although not subject to Section 5 of this Policy, a standard alternating current power plug shall be considered a “charging station,” and shall be covered by the rules outlined herein.