The Florida law enacted in 2018 to facilitate condominium owners’ installation of electric vehicle charging stations within their limited common element or exclusively designated parking spaces left a number of important questions unanswered. A recent appellate ruling has now provided insight on some of those questions and on certain limitations that may impact an owner’s installation of an EV charger in their parking area.

The ruling stems from a dispute over the installation of a charger by the owners of a condo in the Station Square Condominium in Clearwater, Florida. Franco Persechino and Lina Teixeira sought to install the charger within their unit’s assigned space in the parking garage, so they submitted an application to the association.

The association initially denied their application and developed its own form for future submissions. The unit owners resubmitted their application using the new form but they struck through certain questions, contending they were outside of the statutory requirements for the installation of an EV charger. The association again denied the application, but the unit owners nevertheless proceeded with the installation.

In response, the association sought and obtained a temporary injunction from Pinellas County court, which found that the owners made unauthorized material alterations to the community’s common-element property. It concluded that the installation used the association’s breaker box and electricity in a manner that both limited their ability to be used by all owners within the community and required the duo to have access for future maintenance/repairs, which would create a liability and safety concern for the association.

The temporary injunction ordered the owners to stop using the charging station, and it allowed the association to disconnect it from the electrical supply. It also directed the duo to submit an amended application with plans and specifications that complied with the association’s new application form, its rules and regulations, and Florida law.

Feed Image In their subsequent appeal to the state’s Second District Court of Appeal, the owners argued that the lower court’s ruling violated the Florida law that protects the right of condo owners to install an EV charger within their designated parking area, and that prevents an association from imposing requirements beyond those specifically listed in the statute.

In its decision, the Second DCA rejected the owners’ argument and concluded that the five requirements listed in the Florida Statutes are not the only conditions an association may impose on owners seeking to install a charger within their designated parking areas. The court found that while Florida law prohibits associations from outright prohibitions against owners installing chargers in their designated parking areas, it does not prohibit them from imposing reasonable requirements in addition to those listed in the statute.

In fact, the court clarified that while the state law exempts association-installed EV charging stations from being considered a material alteration, a unit owner’s installation of such chargers can constitute a material alteration or substantial addition to the common elements in certain circumstances. In situations where the facts support that an owner’s installation is a material alteration, the approval procedures for alterations to the common elements prescribed under the community’s governing documents would need to be followed.

If the documents do not specify a procedure, the court found that 75% of the total voting interests of the association must provide prior approval in accordance with state law. In this case, the board president testified that the owners attached the EV charging station to a common-element wall in the parking garage, ran approximately 145 feet of electrical lines to the association’s breaker box, made holes in the box to gain access, and drilled holes in the garage wall and ceiling to attach the conduit for the cables. Neither the owners nor their electrician advised the association as to the extent of the work performed, the materials used, how the association’s breaker box was used or altered, nor the location or depth of the holes drilled into the garage ceiling to run the conduit. Also, while the owners attached a meter to their charging station, the president indicated that the association had no information about the meter or what it was measuring.

The appellate panel found that the evidence presented supported the lower court’s conclusion that the installation qualified as a material alteration or substantial addition that therefore required the prior approval of 75% of the total voting interests of the association, in accordance with its governing declaration. The court held that by moving ahead with the installation before resolving the application dispute and seeking approval of at least 75% of thecommunity, the owners violated state law and the condominium’s declaration. Accordingly, it affirmed that the trial court did not err in granting the injunction.

A key takeaway from this ruling for Florida condominium associations is that they may require more information, plans, and approvals beyond the five items listed in the state law, if appropriate and reasonable. They would be well advised to work closely with qualified engineers and attorneys to confirm what requirements and approvals are reasonable or necessary for their community.

For unit owners, this case supports that the state’s law preventing associations from barring owners from installing personal EV chargers in their designated parking areas does not mean owners have carte blanche authority to install them in any manner of their choosing. Such installations can even be considered material alterations or substantial additions that may require approval from the membership, so it is imperative for owners to first seek and obtain the association’s input and consent.