EV Information

EV Information

Articles on HOAs and EVs

Articles on HOAs and EVs

CCIOA EVs

ZML Should Allow EV Charging

ZML's EV Policy

ZML's EV Policy

ZML's EV policy is extremely expensive and uncommon. In this article we will examine the nuances of the ZML EV policy.

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ZML Should Allow EV Charging

ZML Should allow EV Charging; however, the Board does not allow a homeowner to install an EV charger. The board has setup a cumbersome and expensive EV charging plan. Our next article will dissect the expensive hurdles preventing homeowners from accessing electricity for their EVs.

"Did you know renters in an apartment setting have a right in Colorado to install EV chargers, even without ownership?" -David Dimmer

Articles: EVs and Colorado HOAs

CCIOA: 38-33.3-106.8

Unreasonable restrictions on electric vehicle charging systems - legislative declaration - definitions. (1) The general assembly finds, determines, and declares that:

(a) The widespread use of plug-in electric vehicles can dramatically improve energy efficiency and air quality for all Coloradans and should be encouraged wherever possible;

(b) Most homes in Colorado, including the vast majority of new homes, are in common interest communities;

(c) The primary purpose of this section is to ensure that common interest communities provide their residents with at least a meaningful opportunity to take advantage of the availability of plug-in electric vehicles rather than create artificial restrictions on the adoption of
this promising technology; and

(d) The general assembly encourages common interest communities not only to allow electric vehicle charging stations in accordance with this section, but also to apply for grants from the electric vehicle grant fund, created in section 24-38.5-103, C.R.S., or otherwise fund the installation of charging stations on common property as an amenity for residents and guests.

(2) Notwithstanding any provision in the declaration, bylaws, or rules and regulations of the association to the contrary, and except as provided in subsection (3) or (3.5) of this section,
an association shall not:

(a) Prohibit a unit owner from using, or installing at the unit owner's expense for the unit owner's own use, a level 1 or level 2 electric vehicle charging system on or in a unit; or

(b) Assess or charge a unit owner any fee for the placement or use of an electric vehicle charging system on or in the unit owner's unit; except that the association may require reimbursement for the actual cost of electricity provided by the association that was used by the charging system or, alternatively, may charge a reasonable fee for access. If the charging system is part of a network for which a network fee is charged, the association's reimbursement may include the amount of the network fee. Nothing in this section requires an association to impose upon a unit owner any fee or charge other than the regular assessments specified in the declaration, bylaws, or rules and regulations of the association.

ZML Should Allow EV Charging

ZML's EV Policy

Download official ZML EV Policy.

"To refill an EV from Denver to Winter Park cost less than $5. A typical EV uses $40 per month in electricity. An EV arriving with 0% battery cost less than $15, or 12 cents per kWh."

Summary of ZML EV Policy

Any group of Residential Owners may form their own Early CEC (“ECEC”) in advance of the required 10 participants for a CEC. In the event an ECEC is formed, the Early CEC Residential Owners may pursue installation of an EV charging station, provided that the criteria on Exhibit A is satisfied and the plans conform to the fee schedule on Exhibit B. The resulting plan shall require Board approval before any purchasing or contracting begins. All ECEC participants shall also be required to execute a Coop Agreement.

Those Residential Owners who participate in a CEC or Early CEC shall be required to pay all required costs that are in any way related to the EV charging station(s), including, but not limited to, all ancillary and installation costs such as required upgrades to electrical systems, fire systems, ventilation, lighting, computers, internet, signage, video, security, and insurance riders, as applicable to the EV charging station(s). Such costs shall be payable by the CEC or ECEC participants in advance of installation and shall be held in an escrow account until such funds are distributed, as applicable, to the management company administering installation on behalf of the CEC or to the contractors installing the charging stations on behalf of the ECEC participants.

The physical infrastructure for any EV charging station originating from CEC, ECEC, or other initiative, shall be owned by those Residential Owners who paid for installation of the EV charging station. In no event shall the EV charging station be considered a LCER of the Association. For the sake of clarification and avoidance of doubt, the parking space(s) in which the EV charging station(s) is located shall remain a LCER.

The Residential Owners who own the EV charging station(s) shall lease the EV charging station(s) back to the Association for a minimum term of twenty-five (25) years at the rate of $1/year, payable in full at the time of lease execution. The form of lease shall be provided by the Association.

All EV charging station(s) shall be available for the use of all Residential Owners who own EVs (and their EV driving guests), regardless of whether the driver is affiliated with a CEC or ECEC. The charging fee schedule applicable to all EV users is set forth on Exhibit B.

There shall be no charging of EVs in the Garage or elsewhere using the Association’s un-metered electricity. The Association shall be reimbursed for the actual cost of electricity provided by the Association.

"Did you know renters in an apartment setting have a right in Colorado to install EV chargers, even without ownership?" -David Dimmer

EXHIBIT A

Charging Station Minimum Requirements:

- Commercial Class Level 2 Charger approaching 25RPH or better - Universal charging plug SAE J1772. Other plugs optional - Delivers at least 25 RPH [miles of range per hour]

- Two Charging Station Configuration - 208 3 phase preferred or 230V alternate [requires a 40A circuit per station]

- 802.11 Wifi Automated Billing system accepting credit card or phone app of recharging person

- Time of Day electricity capable - Authentication to determine when to charge a non-CEC charging fee

- Billing for charging for extended occupancy Additional software capabilities

- Phone notification of empty charging station

- Phone notification of charge complete Other - UL & CE certified

- Not powered by ZML backup generator

- Code compliant non-ventilated underground garage

- Insurance company compliant non-ventilated underground garage

- Sufficient lighting

- Sufficient Fire Prevention

- Sufficient Signage

ZML's EV Policy