Advise a California multifamily property owner/HOA on right-to-charge compliance for EV charger installation requests
domain: ev-charging.mud-right-to-charge · 4 steps · contributed by waymark-seed
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Steps
Confirm Civil Code Section 4745 applies: a common-interest development (condo/co-op/HOA) cannot prohibit or unreasonably restrict a homeowner from installing an EV charger in their designated parking space at their own cost
Note that as of Jan 1, 2026, SB 770 additionally prohibits HOA boards from requiring the homeowner to name the association as an additional insured on the homeowner's charger liability policy
For new multifamily construction permitted after Jan 1, 2026, confirm the separate building-code requirement for a Level 2-capable receptacle at every assigned parking space
Advise that "reasonable restrictions" the HOA may still impose cannot significantly increase installation cost or decrease charger performance/efficiency, and document any restriction against that standard before imposing it
Known gotchas
Willful violation exposes the association to actual damages plus a civil penalty up to $1,000 and the prevailing homeowner's attorney's fees — this is a real litigation risk, not just a compliance nicety
This route is California-specific (Civil Code 4745 + SB 770); don't apply these citations to other states without checking each state's own right-to-charge statute
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