Electrical Vehicle Charging Stations in Condominiums

By Slonee Malhotra

Creating a policy for electric vehicles involves many considerations. Which party will pay for the installation of the necessary infrastructure? Who pays for the ongoing electricity costs? Where will the outlets be placed on the common elements and will a metering system be necessary? If the Declarant has not provided for electric vehicle charging in the condominium’s creating documents, the onus is on the condominium corporation or the unit owner to arrange appropriate accommodation if electric vehicle charging stations are deemed necessary.

In an effort to catch up with rising technologies and to accommodate the growing number of electric vehicles available in our market, the province has released new regulations under the Condominium Act directed at the creation and installation of electric vehicle charging stations in condo buildings. These procedures, set forth under Section 24 of O.Reg 48/01, will be effective as of May 1, 2018 and provide direction on two distinct situations:

• When the condominium corporation wishes to install a charging station upon common elements; and
• When an owner proposes to install a charging station on common elements.

An existing condominium corporation may introduce electric vehicle charging to the condominium through an exemption to Section 97 of the Condominium Act. Section 97 sets out how condominium corporations may make changes to common elements or to services provided to owners. Through the exemption to Section 97, condominium corporations will be able to unilaterally install an electric charging station on 60 days’ notice to owners if:

• the cost of the installation does not exceed 10% of the budgeted common expenses for the current year; and
• if the owners would not regard the installation of the charging station as causing a material reduction or elimination of the use or enjoyment of units or of common elements or of the condominium corporation’s assets (in the reasonable opinion of the condominium board).

In the event that the above conditions are not met, the condominium board can send a notice to unit owners setting out the details of the charging station and allow the owners to requisition a meeting to vote on the proposed installation. The condominium board can proceed with installation if:

• ·owners of at least 15% of units have not requisitioned a meeting to vote within 60 days of receiving the notice;
• a meeting is requisitioned and no quorum has been met at first attempt; or
• quorum has been met and the unit owners did not vote against the proposed installation.

Under Section 98 of the Condominium Act, a unit owner may apply to the condominium board to install a charging station on common elements. Such application must include all drawings, specifications and information regarding the proposed installation. If approved, a Section 98 Agreement will be registered against the title to the unit. Note that the condominium corporation will have limited reasons to reject the request.

Declarants wishing to pre-emptively incorporate electric vehicle charging into their creating documents are encouraged to contact Sorbaralaw’s Condominium Development Group for further information.