As you may have heard, Governor Murphy recently signed a bill into law pertaining to Electric Vehicle (EV) charging stations in community associations. In a nutshell, this law prohibits associations from unreasonably preventing a resident from installing an EV charging station in the community. The resident will be responsible for the installation costs and the electric charges. The association is permitted to require that the owner sign a recordable modification agreement and/or license agreement.
So, what do you need to do? Well, nothing, unless a resident inquires about installing an EV changing station. If / when this occurs, your attorney can walk you through the process and prepare the necessary modification agreement and / or license agreement.
That being said, it might not be a bad idea to think about proactively installing an EV charging station in your community. According to AutoNews.com, electric vehicle sales are expected to exceed internal combustion vehicle sales by 2030, and all electric vehicles have the same requirement: they need to be regularly charged. Any community that has a charging station available for use by is residents will undoubtedly be more attractive to a prospective purchaser that owns an EV and will provide an added benefit to any resident interested in purchasing an EV.
New Jersey is currently providing an incentive to businesses and community associations that seek to install charging stations. The program is called “It Pay$ to Plug In” and it provides grants to offset the cost of purchasing and installing EV charging stations. This program is run by the Department of Environmental Protection (DEP) which has dedicated approximately $7.6M to EV charging station infrastructure. Applications for charging stations are being accepted by the DEP now and will be considered on a first-come, first-served basis.
Upon completion of work in accordance with the eligibility criteria, the DEP will reimburse an association up to 60% of eligible costs, up to a maximum of:
• $750 per Level 1 charging port (a 120 volt charging port that requires 8-12 hours for a full charge);
• $4,000 per Level 2 charging port (a 240 volt charging port that requires 4-6 hours for a full charge)
Please contact Michael Polulak, Esq. if you have any questions or would like more information regarding the It Pay$ to Plug In program.
About the Author
Michael Polulak, Esq. is an attorney with McGovern Legal Services, LLC – a mutli-chapter member of CAI that specialize in association law including general corporate, construction defects, and collections. Mr. Polulak can be reached via email at: MPolulak@theassociationlawyers.com and you can visit McGovern Legal Services online at: www.theassociationlawyers.com.
