Condominiums and Homeowners Associations - Governing Documents - Electric Vehicle Recharging Equipment
Summary
HB405 would limit the ability of condominium and homeowners association governing documents to block or unreasonably restrict the installation of electric vehicle recharging equipment in common-use or limited common-use parking spaces. The bill applies to both condominiums and HOAs and covers restrictions found in recorded covenants, declarations, bylaws, and rules. It also allows the governing body to grant a license of up to three years, renewable at the governing body’s discretion, for use of common elements needed to install charging equipment or supply electricity.
The bill further requires that any installation or authorization of installation be handled through the ordinary budget process for a common area renovation or alteration of similar cost or magnitude. Before approving installation, the governing body must consider whether there is sufficient parking to meet the needs of the community. The measure is written to apply retroactively to covenants and rules adopted before the effective date, and it takes effect October 1, 2026.
Impact
HB405 adds new provisions to the Real Property Article by creating Sections 11-111.6 and 11B-111.13, which govern electric vehicle charging equipment in condominium and homeowners association communities. It restricts private community documents from prohibiting or unreasonably limiting EV charger installation in shared parking areas, while preserving association budget procedures and parking-capacity considerations. The bill also authorizes temporary, renewable licenses on common elements for charging infrastructure and applies these rules retroactively to existing governing documents.
Sentiment
The bill appears to have broad legislative support, passing the House 90-27 and the Senate 32-11. That voting pattern suggests generally favorable sentiment toward facilitating EV charging access in residential communities, with a meaningful minority opposed. No committee transcript is available, but the favorable committee report with amendments indicates the bill was supported overall while still being refined during the legislative process.
Contention
The main points of contention are likely the bill’s limits on HOA and condominium autonomy and its retroactive application to existing covenants and rules. Opponents may view the measure as overriding private property governance and imposing new obligations on associations, while supporters likely see it as preventing outdated restrictions from blocking EV adoption. The requirement to consider parking availability and to use ordinary budget processes appears designed to address concerns about community impact and cost, but those issues remain the most likely sources of debate.