An Act to Allow
Maine Legislature, Session 132, LD 1133
Committee Amendment CA_A_S257 (Senate)
Amends: 33 MRSA §576-A

COMMITTEE AMENDMENT <(-(\ " to S.P. 457, L.D. 1133, "An Act to Allow
Electric Vehicle Charging Stations by Condominium and Residential Associations"
Amend the bill by striking out everything after the enacting clause and inserting the
following;
'See. 1. 33 MRSA §576-A is enacted to read:
8576-A, Electric vehicle chareine stations allowed
1. Definitions. As used in this section, unless the context otherwise indicates, the
following terms have the foUowinR meanines,
A. "Bylaw" means the instrument, however denominated, that contains the procedures
for conduct of the affairs of the association of unit owners regardless of the form in
which the association of unit owners is oreanized. inchidine any amendments to the
instrument.
B. "Common interest community" has the same meaning as in Title 38, section 3002,
subsection3.
C. "Electric vehicle charghiR station^ means an electdc comuonent assemblv or cluster
of component assemblies designed specifically to charge batteries within electric
vehicles by permitting the transfer of electric energy to a battery or other storage device
in an electric vehicle,
D. "Executive board" means the body. regardless of name. designated in the declaration
to act on behalf of tlie association of unit owners,
E. "Limited common element" has tile same meaning as in section 1601-103.
subsection 06').
P. "Purchaser" means a person, other than a declarant or a dealer, that by means of a
voluntary transfer acquires a legalj)Leauitable interest other than; a leasehold
interest, including renewal options, of less than 20 years; or as security for an
obligatJQn,
COMMITTEE AMENDMENT
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COMM1TTEB AMENDMENT ".Pc " to S.P. 457, L.D,1133
G, "Rule" means a policv. guideline, restriction, procedure or fegulation of an
association of unit owners. however denominated, that is adopted by an association of
unit owners, that is not set forth in the declaration or bylaws and that regulates conduct
occufring within the common interest community for the use. maintenance, repair,
replacement, modification or appearance of the common interest CQmmunLtY^fjftn
association of unit owners.
H. "Unreasonable restriction" means a restriction that sJRnificantlv increases the cost
of the electric vehicle charging station or sienificantiv decreases its efficiency or
specified performance.
2. Unenforceable nrovisions. Beginning January 1, 2026, any provision of a
declaration or bylaw that either prohibits or places an unreasonable restriction OIL the
installation or use of an electric vehicle charging station in a imjt parking space orJimited
common element oarkine space or is otherwise in conflict with the provisions of this section
is void and unenforceable.
3. Application to install. A unit owner may submit an application to the executive
board to install an electric vehicle charging statioa in a unit packLng space or in a limited
common element parking space with the written approval of the unit owner of eachunjtto
which use of tiie limited common element parking space is reserved. The executive board
shall acknowjedge. in writing, tlie receipt ofanaRDlication not iater than 30 days after
receipt oftheatwlication and process the application in the same manner as an aoplication
for an addition, alteration or improvement pursuant to the declaration or bylaws. The
approval or denial of the application must be in writina and must be issued not later than
60 days after the date of receipt of the application. Unless the executive board reasonably
requests additiQnal_jnfgrmation not later than 60 days from the date of receiot of the
aRRlicatton, the application is deemed aooroved if a denial in writing has not been received
within 60 days of the date the application was received.
4. Installation requirements. A unit owner may not install an electric vehicle chargine
station in a unit parking space or limited common element parking space unless the unit
owner complies with the requirements of this subsectiQn.
0 A, The unit owner shall obtain approval from the executive board to install the electric
3.1 vehicle charging station, The executive board shall approve the aDDUcatjon for the
installation if the unit owneraerees in writing to;
(1) Comply with the provisions of the declaration or bylaws regarding an addition,
alteration or improvement;
(2) Provide a certificateof insurance. within 14 days of approval, that demonstrates
6 insurance coverage in amounts determined sufficient by the executive board;
7 (3) Pay for the costs associated with the installation of the eiectric vehicle charRing
38. station, including, but not limited to. increased master insurance policy premiums.
attornev's fees incurred bv the association of unit owners, engineermg fees.
professional fees, permits and apDUcable^ zotiinR compliance costs; and
f4) Pay the electricity usage costs associated with the electric vehicle charging
Station,
B. The unit owner, and each successive unit owner. of the electjjc vehicle chareing
station is responsible for:
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COMMITTEE AMENDMENT K(\" to S.P, 457, L,D, 1133
0) The cost of any damage to the electric vehicle charRJng station, common
elements or units resulting from the installation, use. maintenance. repair, removal
or replacement of the electric vehicle chargina station;
(2) The cost of any maintenance, repair and replacement of tlie electric vehicle
chai'&inR station until it has been removed;
f3) The cost of any restoration of the physical space where the electric vehicle
charginp station was installed after it is removed,
(4) The cost of electricity associated with the electric vehicle charging station;
f5) The common expenses as a result of uninsured losses pursuant to any master
insMfance policv held by the assooiatiQnofi^^ owners; and
(6) Making disclosures to prospective purchasers regarding;
fa) The existence of the electric vehicle chareine station;
CblTheassQciated responsibilities of the unit owner under this section; and
(c) The requirement that the purchaser accept the electric vehicle charging
station unless it is removed prior to the transfer of the unit,
An electric vehicle charging station installed pursuant to this section must meet all
applicabie health and safety standards and requirements under any state or federal law or
municipal ordinance, except that a unit owner is not required to maintain a liability
coverage policy for an existing National Electrical Manufacturers Association or successor
organization standard alternatine current power olue,
5. Association authority. An association of unit owners may:
A, Install an electric vehicle charging station in the common elements for the use of all
unit Qwners and develop aDDropriate rules for such use;
B,_Create a new parking space where one did not previously exist to facilitate the
installation of an electric vehicle chareine station:
C. Require a unit owner to remove the unit owner's electric veiiicle chargine station
prior to the unit owner's sale of the prouertv unless the purchaser of the property aarees
to take ownership of the electric vehicle chargingstation; and
D. Assess the unit owner for any uninsured portion of a loss associated with an electric
vehicle charging station, whether resulting from a deductible or otherwise, regardless
of whether the association of unit owners submits an insurance claim.
6._Attornev's fees. In any action seeking to enforce compliance witli this section, the
prevailing party must be awarded reasonable attorney's fees,'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
5 number to read consecutively.
SUMMARY
This amendment replaces the bill. The amendment makes any provision of bylaws or
the declaration of an association of unit owners that places an unreasonable restriction on
the installation or use of an electric vehicle charging station void and unenforceable
beginning January 1, 2026. The amendment also allows a unit owner to apply to the
COMMITTEE AMENDMENT
r^uo
COMMITTEE AMENDMENT"^ " to S.P, 457, L.D.1133
"C\"to!
executive board of an association of unit owners to gain approval to install an electric
vehicle charging station in a unit parking space or limited common element parking space.
The amendment requires the unit owner to comply with any bylaws, provide a certificate
of insurance and pay for any costs associated with, and electricity usage related to, the
electric vehicle charging station. A prevailing party in an action to seek compliance with
these provisions must be awarded reasonable attorney's fees.
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COMMITTEE AMENDMENT