57-8a-802. Electric vehicle charging systems -- Restrictions -- Responsibilities.
(1) | Notwithstanding any provision in an association's governing documents to the contrary, an association may not prohibit a lot owner from installing or using a charging system in: (a) | a parking space: (i) | on the lot owner's lot; and |
(ii) | used for the parking or storage of a vehicle or equipment; or |
|
(b) | a limited common area parking space designated for the lot owner's exclusive use. |
|
(2) | An association may: (a) | require a lot owner to submit an application for approval of the installation of a charging system; |
(b) | require the lot owner to agree in writing to: (i) | hire a general electrical contractor or residential electrical contractor to install the charging system; or |
(ii) | if a charging system is installed in a common area, provide reimbursement to the association for the actual cost of the increase in the association's insurance premium attributable to the installation or use of the charging system; |
|
(c) | require a charging system to comply with: (i) | the association's reasonable design criteria governing the dimensions, placement, or external appearance of the charging system; or |
(ii) | applicable building codes; |
|
(d) | impose a reasonable charge to cover costs associated with the review and permitting of a charging station; |
(e) | impose a reasonable restriction on the installation and use of a charging station that does not significantly: (i) | increase the cost of the charging station; or |
(ii) | decrease the efficiency or performance of the charging station; or |
|
(f) | require a lot owner to pay the costs associated with installation, metering, and use of the charging station, including the cost of: (i) | electricity associated with the charging station; and |
(ii) | damage to a general common area, a limited common area, or an area subject to the exclusive use of another lot owner that results from the installation, use, maintenance, repair, removal, or replacement of the charging station. |
|
|
(3) | A lot owner who installs a charging system shall disclose to a prospective buyer of the lot: (a) | the existence of the charging station; and |
(b) | the lot owner's related responsibilities under this section. |
|
(4) | Unless the lot owner and the association or the declarant otherwise agree: (a) | a charging station installed under this section is the personal property of the lot owner of the lot with which the charging station is associated; and |
(b) | a lot owner who installs a charging station shall, before transferring ownership of the owner's lot, unless the prospective buyer of the lot accepts ownership and all rights and responsibilities that apply to the charging station under this section: (i) | remove the charging station; and |
(ii) | restore the premises to the condition before installation of the charging station. |
|
|
Enacted by Chapter 439, 2022 General Session