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The Jumpstart on Charging Stations

Quorum
May 4, 2016
By: Daniel Costello

With the growing popularity of electric cars, homeowner’s association boards will inevitably begin to receive an increasing number of requests from owners to install electric vehicle recharging equipment (“charging station”) on the common areas. While such requests will trigger the same considerations as any other architectural change application, the nature and location of charging stations deserve additional considerations. Outlined below are a few main points any homeowner’s association board should consider when contemplating approval of a charging station on common areas. Notably, the installation of charging stations in condominiums creates a variety of unique concerns outside of the homeowner’s association context. The discussion of installation within condominiums is best left to a supplemental article on this same issue. Here, we discuss this issue within the homeowner’s association context only.  

Location
Parking within a homeowner’s association is usually located on the association’s common area. The location of these spaces can vary widely. While some spaces may be located conveniently in front of an owner’s home, others may be in a parking lot located further away. In either of these locations, installing a charging station will likely require the installation of electrical wires on community association property.

If the association does not have assigned or reserved parking, the installation of a charging station may appear to create a space that is assigned to the owners of the electric vehicle. Indeed, most charging stations are car specific and will only allow the charging of a specific make and model. Therefore, the association could consider a variety of parking rules to avoid the unintended result of electric cars receiving assigned spaces or to prevent a gasoline car from parking in a charging station space.

Scope, Approval of Work, Installation
Similar to any architectural change request, if an owner is interested in a charging station, they should first be required to submit an application that outlines the plans and the scope of work necessary for installation. When reviewing the proposal, the board should consider its location and harmony with respect to existing structures and the nature and quality of the proposed work.  The Board may also wish to review copies of all contracts for the purchase, delivery and installation of the charging station and require that all work be performed by a licensed and bonded contractor.

If the Board approves the proposal, we recommend that the owner be responsible for obtaining all necessary permits and approvals. It is also recommended, as with any construction, that work occur during normal business hours during regular business days. The owner should also maintain adequate liability insurance covering the installation and the charging station, with the association named as an additional insured party. If possible, all wiring for the charging station should be installed underground to avoid tripping and other hazards.

Where possible, the electricity to the charging station should be from the owner’s home. Other owners will inevitably want to make certain that they are not paying for another owner’s power. If not possible, the association should consider other methods to have the electric car owner pay for their power usage.

After installation, the owner should be required to restore all portions of the association’s property that may have been disturbed or damaged from the installation of the charging station. The owner should also be responsible for all costs associated with the installation and any restoration of association property.

Maintain, Operation, Usage

The Board should require that an owner be responsible for all maintenance, repair and replacement of the charging station, including the upkeep of its aesthetic appearance. We further recommend that the association not be responsible for any unauthorized use of the charging station. For example, if another compatible vehicle steals electricity from the charging station, the matter should be considered a criminal offense, to be handled by the police.

Termination and Removal
Consideration should be given for what happens to the charging station if the owner decides to sell his/her home to a new owner. Unless any subsequent purchaser desires to use the charging station and binds himself or herself to similar responsibilities as discussed, we recommend that the owner be required to remove the charging station prior to any transfer of the property. This would necessitate that the owner completely removes the charging station, including all wiring, and return the common area to the condition in which it was prior to the installation of the charging station. If the owner fails to remove the charging station, while other remedies may be considered, the board should consider as a condition for any approval that the owner submit a deposit. The deposit would be used for the complete removal of the charging station, in the event the owner fails in this obligation.

Your community association may present unique obstacles for the installation of a charging station. Any agreement for the installation of a charging station should be drafted or, at a minimum, reviewed by an attorney.
 

Daniel Costello practices real estate law at Costello, P.C. in Washington, D.C., working with condominiums, cooperatives, and homeowner associations in Virginia, Maryland and the District of Columbia. For more information on installing charging stations in common areas, contact Daniel at (202) 239-2539 or at daniel@costellopc.com.  

This article originally appeared in Quorum, the monthly magazine of the Washington Metropolitan Chapter Community Association Institute.

This content is for your information only and is not intended to constitute legal advice. Please consult your attorney before acting on any information contained here.

November 2016

From Poodles to Pot-Bellied Pigs: Assistance Animals and the Fair Housing Act for Community Associations

Community Associations Update
November 15, 2016
By: Daniel M. Costello

With a ruff-ruff here, and an oink-oink here, community associations increasingly face requests to accommodate their residents who suffer from a disability by allowing assistance animals. The federal Fair Housing Act (FHA) requires community associations to make reasonable accommodations to allow disabled persons equal use and enjoyment of their homes but navigating such accommodations can be challenging for community association boards and managers. 

What is a Reasonable Accommodation?
A “reasonable accommodation” is a change, exception, or adjustment to a rule, policy, practice, or service that may be necessary for a person with a disability to have equal use and enjoyment of a dwelling, including public and common use spaces. A reasonable accommodation should not place the disabled person into a better position than those without the accommodation but should instead afford the disabled person equal opportunity to use and enjoy the dwelling as would a person without the disability.

To receive an accommodation, the disabled person must first make a request for the accommodation to the association. While it is not a requirement that the request be in writing, we recommend that the association request that the owner put the request in writing to keep a record of the request and to better understand the request. For example, an owner may request to have a dog to help with anxiety when the association’s covenants prohibit dogs. The disabled person should not bring the assistance animal onto the association’s property without first requesting and receiving the accommodation. Otherwise, if the association prohibits the type of animal or the animal violates any other covenants (e.g., size and weight restrictions), the presence of the animal could result in covenant enforcement actions.

The requested accommodation, here the assistance animal, must have an identifiable relationship, or nexus, to the individual’s disability. The accommodation request must be reasonable. If the accommodation would pose an undue financial or administrative burden on the community association, the association can deny the request. The determination as to whether the request is reasonable must be made on a case-by-case basis, and the community association may consider the cost of the requested accommodation, the financial resources of the community association, the benefits that the accommodation would provide to the requestor, and the availability of alternative accommodations that would effectively meet the requester’s needs.

What Documentation Can the Association Request?
Community associations can request documentation from the disabled person’s physician, psychiatrist, social worker, or other mental health professional verifying that the animal provides support that alleviates at least one of the person’s disability symptoms or the effect of the existing disability.  

The community association may not inquire about the nature and severity of an individual’s disability; however, requests for disability-related information are permitted to verify: 1) that the person meets the definition of someone with a disability, 2) that there is a need for an accommodation, and 3) that there is a relationship, or nexus, between the disability and the requested accommodation.

A verification letter stating that the assistance animal is helpful or would be nice is insufficient. The letter must establish how the assistance animal will alleviate the symptoms or effects of the disability. For example, a letter from a mental health professional stating that the animal is necessary to alleviate the person’s anxiety and assists the person to sleep at night is sufficient.

Community associations should ask their attorney to assist with the request for documentation and to assist in reviewing the documentation to determine if it meets the required threshold under the FHA.

Daniel Costello practices real estate law at Costello, P.C. in Washington, D.C., working with condominiums, cooperatives, and homeowner associations in Virginia, Maryland and the District of Columbia. For more information on installing charging stations in common areas, contact Daniel at (202) 239-2539 or at daniel@costellopc.com.  

This content is for your information only and is not intended to constitute legal advice. Please consult your attorney before acting on any information contained here.

November 2016

Holiday Decorations in Community Associations: Bringing Order without Being a Scroog

Quorum
November 1, 2016
By: Daniel Costello
 

The holidays are not only a time for families and communities but are also opportunities to decorate one’s home. As the holidays approach, homeowners enthusiastically place decorations of all shapes, sizes, and colors on display. While one homeowner may favor a single holiday wreath, another may make the power company extra happy with synchronized light shows, music, mechanical Santa’s, and an inflatable snowman. With wide-ranging tastes and enthusiasm for different holiday decorations, Boards of Directors and property managers can avoid conflict by planning ahead. 

Holiday Decorations in Community Associations
Many communities’ covenants contain language prohibiting “any exterior change or alteration of any nature without the written approval of the Architectural Control Committee.” However, treating every proposed wreath or snowman like an application for a fence is not only Grinch-like but is also time-consuming and unnecessary for a temporary holiday display.

By adopting guidelines that allow for and regulate the short-term installation of holiday decorations, community associations will be prepared. Some guidelines should include the following:

Timeline for Decorations
The guidelines should prescribe a reasonable time period for the placement of decorations, both shortly before and after the holiday, consistent with reasonable and customary practices (generally 30 days before the holiday and no later than two weeks afterward). So, Frosty the Snowman should be “wav[ing] goodbye, sayin’ ‘Don’t cry, I’ll be back again someday” shortly after New Year’s.

Holiday Lighting
Lighting, especially bright and blinking lights, should not be allowed, and certain off hours should also be established so as to not disturb the sleeping habits of others.

Blow-Up Decorations
The association should address blow-up decorations specifically. These decorations are becoming more popular and vary vastly in size. The association should be specific about size limitations and should also address any times of the day when they should not be inflated.

Common Area/Element Decorations
Sometimes an association will place holiday decorations on the common areas of the association or on the common elements in a condominium. While not discouraged, an association needs to be conscious of a potential claim for a violation of the Fair Housing Act (FHA) and other federal and state housing laws when putting decorations on display.

Associations must not favor one religion over another, and they have an obligation to be non-discriminatory and uniform in the application and enforcement of holiday decoration rules. Therefore, signs that say, “Happy Holidays” should be used instead of “Merry Christmas.” Likewise, any imagery that is specific to a particular holiday or practice should be avoided and instead should be replaced with non-denominational imagery such as snowflakes or snowmen. While an association is restricted from using religious-specific images, individual homeowners should be allowed to display personal religious items in their homes and on their property, consistent with the association’s holiday rules and regulations.
 

Daniel Costello practices real estate law at Costello, P.C. in Washington, D.C., working with condominiums, cooperatives, and homeowner associations in Virginia, Maryland and the District of Columbia. For more information on installing charging stations in common areas, contact Daniel at (202) 239-2539 or at daniel@costellopc.com.  

This article originally appeared in the November 2016 issue of Quorum, the monthly magazine of the Washington Metropolitan Chapter Community Association Institute.

This content is for your information only and is not intended to constitute legal advice. Please consult your attorney before acting on any information contained here.