Common interest developments: electric vehicle charging stations.

The Davis-Stirling Common Interest Development Act defines and regulates common interest developments, which include community apartment projects, condominium projects, planned developments, and stock cooperatives. Beginning January 1, 2012, any covenant, restriction, or condition in a deed or other instrument affecting the transfer or sale of an interest in a common interest development, or any provision of the governing documents of a common interest development, that prohibits or restricts the installation or use of an electric vehicle charging station is void and unenforceable. On and after January 1, 2012, if an electric vehicle charging station is to be placed in a common area, the homeowner and common interest development association shall be subject to certain requirements. This bill would make those provisions applicable only to the installation or use of an electric vehicle charging station in an owner's designated parking space, as described. The bill would also provide that any provision in those documents that is in conflict with those requirements is void and unenforceable. The bill would authorize the installation of a charging station for the exclusive use of an owner in a common area that is not an exclusive use common area only if installation in the owner's designated parking space is impossible or unreasonably expensive. However, the bill would authorize an association or owners to install a charging station in the common area for the use of all members, and would require the association to develop appropriate terms of use for the charging station. The bill would authorize the board of directors of an association to grant exclusive use of a portion of the common area without the affirmative vote of the members of the association for the purpose of installing and using an electric vehicle charging station in an owner's garage or designated parking space, under specified circumstances, such as when the installation or use of the charging station requires reasonable access through the common area for utility lines or meters. This bill would declare that it is to take effect immediately as an urgency statute.