By Richard D. DeBoest
STUART, Fla. – Question: We live in a high-rise condominium. A growing number, but still much less than a majority of owners, want the association to install electric charging stations in our garages for all owners to be able to charge electric cars, if and when they convert to such cars. They do not view this as a change to common property requiring a vote but a change in technology for powering vehicles, much like adding internet capability in the common areas of the building which was approved by the board as a needed but rather inexpensive upgrade of our amenities.
They also view electric car charging stations as adding value to all units in the building. How should the board proceed in handling this issue? – P.T., Naples
Answer: Your question raises several issues. First, in my opinion, the installation of electric charging stations by the association is a material alteration of the common elements that would require approval of 75% of the total voting interests pursuant to Section 718.113(2)(a) Florida Statutes unless the Declaration of Condominium provides otherwise. If the association was also intending to provide the cost of the electricity charging as a common expense, it will also likely require an amendment to the governing documents.
Second, installation of vehicle charging stations is not covered by the bulk cable and internet installation law that allows the board to make such installations without a vote of the unit owners. See Section 718.115(1)(d), Florida Statutes. Moreover, this is not simply an upgrade to existing technology for services already provided by the association because I presume the association does not presently provide equipment for fueling vehicles.
Finally, Section 718.1124(8) Florida Statutes, already provides that a unit owner must be allowed to install an electric charging station in his or her limited common element parking space at his or her own expense. The board cannot deny the installation and no other unit owner approval is required. However, the statutory requirements for installing an electric vehicle charging station are somewhat burdensome and should be reviewed closely.
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