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SB-209 Common interest developments: electric vehicle charging stations.(2011-2012)

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SB209:v94#DOCUMENT

Senate Bill No. 209
CHAPTER 121

An act to add Section 1353.9 to the Civil Code, relating to common interest developments.

[ Approved by Governor  July 25, 2011. Filed with Secretary of State  July 25, 2011. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 209, Corbett. Common interest developments: electric vehicle charging stations.
The Davis-Stirling Common Interest Development Act defines and regulates common interest developments, which include community apartment projects, condominium projects, planned developments, and stock cooperatives.
This bill would provide that any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a common interest development, or any provision of the governing documents of a common interest development, that effectively prohibits or restricts the installation or use of an electrical vehicle charging station is void and unenforceable. The bill would authorize an association, as defined, to impose reasonable restrictions on those stations, as specified, and would impose requirements with respect to an association’s approval process for those stations. If the station is to be placed in a common interest area or an exclusive use common area, the homeowner would be responsible for various costs associated with maintaining and repairing the station, as well as costs for damage to common areas and adjacent units resulting from installation and maintenance of the station. The bill would impose other responsibilities on the homeowner, including maintaining an umbrella liability coverage policy of $1,000,000 that names the common interest development as an additional insured. An association that violates the bill’s provisions would be liable for damages and a civil penalty, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1353.9 is added to the Civil Code, to read:

1353.9.
 (a) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a common interest development, and any provision of a governing document, as defined in subdivision (j) of Section 1351, that effectively prohibits or restricts the installation or use of an electric vehicle charging station is void and unenforceable.
(b) (1) This section does not apply to provisions that impose reasonable restrictions on electric vehicle charging stations. However, it is the policy of the state to promote, encourage, and remove obstacles to the use of electric vehicle charging stations.
(2) For purposes of this section, “reasonable restrictions” are restrictions that do not significantly increase the cost of the station or significantly decrease its efficiency or specified performance.
(c) An electric vehicle charging station shall meet applicable health and safety standards and requirements imposed by state and local permitting authorities.
(d) For purposes of this section, “electric vehicle 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.
(e) If approval is required for the installation or use of an electric vehicle charging station, the application for approval shall be processed and approved by the association in the same manner as an application for approval of an architectural modification to the property, and shall not be willfully avoided or delayed. The approval or denial of an application shall be in writing. If an application is not denied in writing within 60 days from the date of receipt of the application, the application shall be deemed approved, unless that delay is the result of a reasonable request for additional information.
(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 homeowner first shall obtain approval from the common interest development to install the electric vehicle charging station and the common interest development shall approve the installation if the homeowner agrees in writing to do all of the following:
(A) Comply with the common interest development’s architectural standards for the installation of the station.
(B) Engage a licensed contractor to install the station.
(C) Within 14 days of approval, provide a certificate of insurance that names the common interest development as an additional insured under the homeowner’s insurance policy.
(D) Pay for the electricity usage associated with the station.
(2) The homeowner and each successive homeowner of the parking stall on which or near where the electric vehicle charging station is placed shall be responsible for all of the following:
(A) Costs for damage to the station, common areas, exclusive common areas, or adjacent units resulting from the installation, maintenance, repair, removal, or replacement of the station.
(B) Costs for the maintenance, removal, repair, and replacement of the electric vehicle charging station until it has been removed from the common area or exclusive use common area.
(C) The cost of electricity associated with the station.
(D) Disclosing to prospective buyers the existence of any electric vehicle charging station and the related responsibilities of the homeowner.
(3) The homeowner and each successive homeowner, at all times, shall maintain an umbrella liability coverage policy in the amount of one million dollars ($1,000,000) covering the obligations of the owner under paragraph (2), and shall name the common interest development as an additional insured under the policy with a right to notice of cancellation.
(g) An association that willfully violates this section shall be liable to the applicant or other party for actual damages, and shall pay a civil penalty to the applicant or other party in an amount not to exceed one thousand dollars ($1,000).
(h) In any action to enforce compliance with this section, the prevailing plaintiff shall be awarded reasonable attorney’s fees.