Exemption for installation of electric vehicle charging system made by corporation
 24.3 (1) In this section, “installation”, in relation to an electric vehicle charging system, means any of the following that is necessary to set up the system: 1. Any addition, alteration or improvement to the common elements. 2. Any change in the assets of the corporation or change in a service that the corporation provides to the owners. O. Reg. 114/18, s. 8. (2) For the purposes of subsections (4) and (5), the cost of the installation of an electric vehicle charging system does not include any costs related to the use, operation, repair after damage, maintenance and insurance of the system. O. Reg. 114/18, s. 8. (3) A corporation is exempt from section 97 of the Act in relation to an electric vehicle charging system if all or any part of the system is situated on the property or an asset of the corporation and if the installation of the system is made by the corporation and is carried out in accordance with subsection (4) or (5).  O. Reg. 114/18, s. 8. (4) The requirements under this subsection for an exemption described in subsection (3) relating to the installation of an electric vehicle charging system are the following: 1. The board has conducted an assessment of the cost to the corporation of the proposed installation. 2. The estimated cost, if any, to the corporation of the proposed installation, based on the total cost, regardless of whether part of the cost is incurred before or after the current fiscal year, is not greater than 10 per cent of the annual budgeted common expenses for the current fiscal year. 3. In the reasonable opinion of the board, the owners would not regard the proposed installation as causing a material reduction or elimination of their use or enjoyment of the units that they own or the common elements or assets, if any, of the corporation. 4. The corporation has sent a notice to the owners that, i. describes the proposed installation, and ii. contains, A. a
statement that, in the reasonable opinion of the board, the owners would not regard the proposed installation as causing a material reduction or elimination of their use or enjoyment of the units that they own or the common elements or assets, if any, of the corporation, B. a
statement of the estimated cost to the corporation of carrying out the proposed installation, indicating the manner in which the corporation proposes to pay the cost, and C. all other information relating to the proposed installation that a by-law of the corporation requires be included in the notice. 5. At least 60 days have passed since the corporation has complied with paragraph 4. O. Reg. 114/18, s. 8. (5) The requirements under this subsection for an exemption described in subsection (3) relating to the installation of an electric vehicle charging system are the following: 1. The board has conducted an assessment of the cost to the corporation of the proposed installation. 2. The corporation has sent a notice to the owners that, i. describes the proposed installation, ii. contains a statement of the estimated cost to the corporation of carrying out the proposed installation, indicating the manner in which the corporation proposes to pay the cost, iii. contains a statement that, in the reasonable opinion of the board, the owners would regard the proposed installation as causing a material reduction or elimination of their use or enjoyment of the units that they own or the common elements or assets, if any, of the corporation, if the requirement described in paragraph 3 of subsection (4) is not met, iv. specifies that the owners have the right, in accordance with section 46 of the Act and within 60 days of receiving the notice, to requisition a meeting of owners, v. contains a copy of the text of section 46 of the Act and section 24.2 and this section of this Regulation, and vi. contains all other information relating to the proposed installation that a by-law of the corporation requires be included in the notice. 3. The owners, i. have not requisitioned a meeting in accordance with section 46 of the Act within 60 days of receiving a notice described in paragraph 2, ii. have requisitioned a meeting in accordance with section 46 of the Act within 60 days of receiving a notice described in paragraph 2 but a quorum is not present at the first attempt to hold the meeting, or iii. have requisitioned a meeting in accordance with section 46 of the Act within 60 days of receiving a notice described in paragraph 2, a quorum is present at the first attempt to hold the meeting and the owners have not voted against the proposed installation at the meeting. O. Reg. 114/18, s. 8. (6) All costs to a corporation related to an electric vehicle charging system that has been installed under this section are a common expense for the purposes of the definition of “common expenses” in subsection 1 (1) of the Act. O. Reg. 114/18, s. 8. (7) If the corporation has an obligation to repair the units or common elements after damage or to maintain them and the corporation carries out the obligation using materials that are as reasonably close in quality to the original as is appropriate in accordance with current construction standards, the work shall be deemed not to be an installation that is an addition, alteration or improvement to the common elements or a change in the assets of the corporation. O. Reg. 114/18, s. 8.