Rules for a Condominium Association to Consider Regarding the Installation of Electric Vehicle Charging Stations

Electric Vehicles (EV) continue to become more commonplace on our Florida streets. This increase of EVs has also led to an increase in the need for EV Charging Stations (EVCS). In addition to the public EVCS we see in mall parking lots and other public parking stations, owners of EVs are looking for the convenience of charging their EVs at their home. For Single-Family homeowners we see these EVCS being installed in their garages. However, for Condominium Unit Owners this is not as simple.

The Condominium Act, Section 718.113 (9) of the Florida Statutes, provides that the board may install an EVCS on the common elements. Pursuant to the statute and provided that the condominium declaration does not restrict material alterations, the board may decide to install an EVCS on the common elements and may do so without a unit owner vote. Further, the cost to install the EVCS is shared by all the unit owners as a common expense and the board may charge each owner or resident who uses the EVCS. However, this is a relatively new area of law and many condominium declarations contain material alteration provisions.  Such declaration provisions may or may not apply to installing an EVCS. So, prior to installing an EVCS, a board should seek legal advice and obtain a review of the community’s declaration.

Unit owners may, likewise, install their own EVCS in their limited common element (LCE) parking spaces. The board cannot automatically prohibit owners from installing an EVCS in their LCE parking spaces simply because the board installs an EVCS on the common elements. The statute provides that the board must approve an owner’s request to install an EVCS in a LCE parking space. However, the statute also states that this approval is subject to certain restrictions such as the installation cannot cause irreparable damage to the condominium and the electricity for the EVCS must be separately metered or metered by an embedded meter and payable by the unit owner installing the EVCS.

In order to comply with these statutory restrictions, a condominium board should consider adopting rules regulating the installation and use of EVCS. Below are a few such rules:

  1. A rule requiring owners to apply for board approval prior to installing the EVCS. The application should require that the Unit Owner submit detailed specifications concerning the EVCS and any related infrastructure or equipment to be installed.
  2. A rule requiring the owners requesting the installation of EVCS to provide proof of liability insurance. It is important that the associations ensure that any owner interested in installing an EVCS has appropriate insurance coverage to protect against accidents or damages related to the installation and use of the EVCS. This may include property damage, electrical issues and injuries.
  3. A rule clearly outlining the responsibility of the EVCS owner for the maintenance and operation of their individual EVCS. The rule should also require that the installation comply with bona fide safety requirements, consistent with applicable building codes or recognized safety standards, for the protection of persons and property.
  4. A rule addressing the requirement that any EVCS must meet certain design guidelines to ensure they do not disrupt the visual aesthetic of the property. This could include restrictions on the appearance or placement of the EVCS.
  5. A rule requiring the Owner to comply with all current and future laws and regulations related to the installation and maintenance of the EVCS. This could include the payment of any potential fees, obtaining any required permits, and requiring the use of approved licensed vendors.

As Florida becomes a more EV friendly state, condominium associations must also adapt. By adopting clear rules regulating the installation and use of EVCS, a condominium Board of Directors can help protect the association from legal liability while integrating the use of EVs into the condominium community.

For more information on EVs and charging stations, check out this episode of Take It To The Board!

By: Florence King of Becker and Poliakoff

* Increase in Condo Budgets – Due to State Laws

To make owners aware of changes that are affecting our community due to changes in State laws.

Increasing Budgets in Condo due to SIRS requirements
All as it is the wish of every Board Member in our community there are just items that are beyond Property Managers and Board Member Control. After the Condo Colapsed near the beach the State Acted without deeply looking into the matter and being pressured created a SIRS – Structural Intergrity Reserve Study and made it manditory that each condo have a certain amount saved and must be funded in a rather quick manner. In some cases this could cause your Condo Association fee to increase several hundred dollars and there is nothing the board can currently do about this at the time. We may be asking your help to contact our political leaders for the Doral Area and ask for this to be looked at again. This is hurting those who are on fixed incomes such as the elderly and Military Veterans. Hopefully this is taken up in the house discussion that begin in March. Hopefully by the summer we will have better news to provide the owners of Las Brisas.

Bill Watts
President Las Brisas at Doral Community Association.

Community Happenings

The Board of Directors would like to let you know about some of the upcomming community issues that we are currently working on.

Holidays
We hope that everyone has a Very Safe and Happy Holiday Season. If you are leaving for an extended period of time you may wish to stop your mail, leave a key sealing in an envelope with a neighbor just in case of an emergency and inform the Association who to contact.

GYM
The Master Association has already placed an order to replace three pieces ( Bicycle, Elipitical, and Threadmill ) in the gym and waiting for delivery which should occur the last week of December or the first part of Janurary. Owners please advise your tenants that we are monitoring the gym and future damage caused by neglect which will be billed to the owner.

Parking Lot
We have already signed a contract to seal coat the parking lot within the Las Brisas Community and hope to start this in the next few weeks. This time we are going to allow the black top to dry for 48 hours instead of 24 which will give it a longer lasting appearance.
The Board is aware of the need for additional parking of Motorcycles/Scooters in the Condo 6 and 7 area. We will be relocating this almost straight accross from where it is currently located and due to the number of users will increase this to two parking spaces to as to not be blocking each other in.

Community Rules
We have been working with the Association Attorney to revise and clarify many of the rules of the community. This meeting will be taking place in the very near future. Owners it would benefit you to provide a new copy of the rules to your tenants as enforcement will go against the owner and the Owner will have to recoup loses from their tenants. Everyone is welcome to come to the meeting if you have questions. Most rules will be remaining the same other than clarification.

Entry System
During 2024 we have spent more money than previous years to repair and fix items at the entry gate. Most of these repairs have been to neglect by the visitors or delivery services entering the property. On average the cost to repair just one of the white arms runs about $600 and the Association has been monitoring the issue and when we can locate the person responsible give them the option to pay for the repair or submit it to their insurance. When we can not locate the person or company we contact the Doral Police Department and provide them with information and fill out a Hit and Run report with the vehicle information. About 85% of the time when you see the gate non-operational it is due to someone causing an issue and not the system itself.
Note that on certain days if you approach the gate and one side is open without the other side being blocked, we have to do this in order to make updates. We thank you for the emails and concerns about the issue. Also note that we ask that you do not prop open the walk in gates. The walk in gates are normaly left open Mon-Fri during time for children to go school (7am – 8:30am) then closed until time for them to return home (1pm – 3:30 pm) outside of these hours DO NOT leave the gate open. This will be considered a nuisances and we will be using video to determine who is leaving the gate open and provide the information to the compliance committee to determine if a fine should be assessed to the home.

Halloween Treat / Future Community Events
Thanks to Owner Soraya for helping to organize a small event during Halloween which the Community children really enjoyed themselves. We are looking forward to create additional Events as we have done in the past. During 2025 we hope to have a 4th ofJuly, Halloween and Holiday Event pending funding availability. If you have a company and would like to sponsor one of these events or another special occassion for the Community please reach out to the Master Board and lasbrisas@doralmanagement.com with your ideas.

Dumpster Area
The Board has been working deligently to get repairs done to several of the wooden fenses that surround the metal trash containers. Since we are doing this as one larger project as some have to be completely rebuilt due to poor construction in some cases it is taking a little longer than we hoped due to the need to get three quotes for the repairs. If you see a door left open please take the time to close it as it is your money being spent to repair items like this.
Please be advised those who are throwning away furniture, construction debree, large items and not breaking down large boxes thrown into the dumpster, the Association has no other option than to bill the Owner when this occurs as Waste Management will not remove these items. Minimum cost of removing items is $250.o0 and this does not go infront of the Compliance Committee and will be billed immediately to the home. If you see someone doing this and can provide a picture and address it will be welcomed. All Contractors are to remove any debree they create and are not allowed to use the Community Dumpsters.