<?xml version="1.0" encoding="ISO-8859-1"?><section number="57-8a-802"><effdate>5/3/2023</effdate><histories><history>Amended by Chapter <modchap sess="2023GS">503</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Electric vehicle charging systems -- Restrictions -- Responsibilities.</catchline><subsection number="57-8a-802(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:
<subsection number="57-8a-802(1)(a)">
a parking space:<subsection number="57-8a-802(1)(a)(i)">
on the lot owner's lot; and</subsection><subsection number="57-8a-802(1)(a)(ii)">
used for the parking or storage of a vehicle or equipment; or</subsection></subsection><subsection number="57-8a-802(1)(b)">
a limited common area parking space designated for the lot owner's exclusive use.</subsection></subsection><subsection number="57-8a-802(2)">
An association may:
<subsection number="57-8a-802(2)(a)">
require a lot owner to submit an application for approval of the installation of a charging system;</subsection><subsection number="57-8a-802(2)(b)">
require the lot owner to agree in writing to:<subsection number="57-8a-802(2)(b)(i)">
hire a general electrical contractor or residential electrical contractor to install the charging system; or</subsection><subsection number="57-8a-802(2)(b)(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;</subsection></subsection><subsection number="57-8a-802(2)(c)">
require a charging system to comply with:<subsection number="57-8a-802(2)(c)(i)">
the association's reasonable design criteria governing the dimensions, placement, or external appearance of the charging system; or</subsection><subsection number="57-8a-802(2)(c)(ii)">
applicable building codes;</subsection></subsection><subsection number="57-8a-802(2)(d)">
impose a reasonable charge to cover costs associated with the review and permitting of a charging system;</subsection><subsection number="57-8a-802(2)(e)">
impose a reasonable restriction on the installation and use of a charging system that does not significantly:<subsection number="57-8a-802(2)(e)(i)">
increase the cost of the charging system; or</subsection><subsection number="57-8a-802(2)(e)(ii)">
decrease the efficiency or performance of the charging system; or</subsection></subsection><subsection number="57-8a-802(2)(f)">
require a lot owner to pay the costs associated with installation, metering, and use of the charging system, including the cost of:<subsection number="57-8a-802(2)(f)(i)">
electricity associated with the charging system; and</subsection><subsection number="57-8a-802(2)(f)(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 system.</subsection></subsection></subsection><subsection number="57-8a-802(3)">
A lot owner who installs a charging system shall disclose to a prospective buyer of the lot:
<subsection number="57-8a-802(3)(a)">
the existence of the charging system; and</subsection><subsection number="57-8a-802(3)(b)">
the lot owner's related responsibilities under this section.</subsection></subsection><subsection number="57-8a-802(4)">
Unless the lot owner and the association or the declarant otherwise agree:
<subsection number="57-8a-802(4)(a)">
a charging system installed under this section is the personal property of the lot owner of the lot with which the charging system is associated; and</subsection><subsection number="57-8a-802(4)(b)">
a lot owner who installs a charging system 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 system under this section:<subsection number="57-8a-802(4)(b)(i)">
remove the charging system; and</subsection><subsection number="57-8a-802(4)(b)(ii)">
restore the premises to the condition before installation of the charging system.</subsection></subsection></subsection></section>
