2023 New York Laws › RPP - Real Property › Article 9-B - Condominium Act › 339-LL - Electric Vehicle Charging Station Installation.

§  339-ll.  Electric vehicle charging station installation. 1. As used
in this section:
(a)  "Reasonable  restrictions"  means  restrictions   that   do   not
significantly increase the cost of the station or significantly decrease
its efficiency or specified performance.
(b)  "Electric vehicle charging station" means a station that delivers
electricity from a source outside an electric vehicle into one  or  more
electric  vehicles.  An  electric  vehicle  charging station may include
several  charge  points  simultaneously  connecting   several   electric
vehicles  to  the station and any related equipment needed to facilitate
charging plug-in electric vehicles.
2. (a) Any covenant, restriction, or condition contained in any  deed,
contract,   security  instrument,  or  other  instrument  affecting  the
transfer or sale of any interest in the property, and any by-laws,  that
either  effectively prohibits or unreasonably restricts the installation
or use of an electric vehicle charging station within an owner's unit or
in a designated parking space, including, but not limited to,  a  deeded
parking  space,  a  parking  space  in  an  owner's exclusive use common
element, or a parking space that is specifically designated for use by a
particular owner, or is in conflict with the provisions of this  section
shall be void and unenforceable.
(b)  This  section  shall  not apply to by-laws that impose reasonable
restrictions on electric vehicle charging stations. However, it  is  the
policy  of  the state to promote, encourage, and remove obstacles to the
use of electric vehicle charging stations.
(c) An electric vehicle charging station  shall  meet  all  applicable
health  and  safety  standards  and requirements imposed by law, rule or
regulation.
(d) If approval is required for the installation or use of an electric
vehicle charging station the application for approval shall be processed
and  approved  by  the  association  in  a  manner  prescribed  by   the
association  and shall not be willfully avoided or delayed. The approval
or denial of an application shall be in writing. If  an  application  is
not  denied in writing within sixty days from the date of receipt of the
application, the application shall be deemed approved, unless that delay
is the result of a reasonable request for additional information.
(e) If the electric vehicle charging station is to be  placed  in  the
common  elements or in an exclusive use common element, as designated in
the common interest declaration, the following provisions shall apply:
(i) The owner first shall obtain  approval  from  the  association  to
install  the electric vehicle charging station and the association shall
approve the installation if the owner agrees in writing to do all of the
following:
(A) comply with the  association's  architectural  standards  for  the
installation of the charging station;
(B) engage a licensed contractor to install the charging station;
(C)  within  fourteen  days  of  approval,  provide  a  certificate of
insurance that names the association as an additional insured under  the
owner's   insurance  policy  pursuant  to  subparagraph  (iii)  of  this
paragraph; and
(D) pay for both the costs associated with the installation of and the
electricity usage associated with the charging station.
(ii) The owner and each successive owner of the charging station shall
be responsible for all of the following:
(A) costs  for  damage  to  the  charging  station,  common  elements,
exclusive  use  common  elements,  or  separate units resulting from the
installation,  maintenance,  repair,  removal,  or  replacement  of  the
charging station;
(B) costs for the maintenance, repair, and replacement of the charging
station  until it has been removed and for the restoration of the common
elements after removal;
(C) the cost of electricity associated with the charging station; and
(D)  disclosing  to  prospective  buyers the existence of any charging
station of the owner and the related responsibilities of the owner under
this section.
(iii) The owner of the charging  station,  whether  located  within  a
separate  unit  or  within  the  common elements or exclusive use common
elements, shall, at all times, maintain a liability coverage policy. The
owner that submitted the application to  install  the  charging  station
shall  provide  the  association  with  the corresponding certificate of
insurance within fourteen days of  approval  of  the  application.  That
owner  and  each  successor owner shall provide the association with the
certificate of insurance annually thereafter.
(iv) A homeowner shall  not  be  required  to  maintain  a  homeowners
liability   coverage   policy   for   an  existing  national  electrical
manufacturers association standard alternating current power plug.
(f)  Except  as  provided  in  paragraph  (g)  of  this   subdivision,
installation  of  an electric vehicle charging station for the exclusive
use of an owner in a common element, that is not an exclusive use common
element, shall be authorized by the association only if installation  in
the  owner's  designated  parking  space  is  impossible or unreasonably
expensive. In such cases, the association shall  enter  into  a  license
agreement  with the owner for the use of the space in a common area, and
the owner shall comply with all of the requirements in paragraph (e)  of
this subdivision.
(g) The association or owners may install an electric vehicle charging
station  in  the  common  elements  for  the  use  of all members of the
association and, in that case, the association shall develop appropriate
terms of use for the charging station.
(h) An association may create a new parking space where  one  did  not
previously  exist  to facilitate the installation of an electric vehicle
charging station.
(i) An association that  willfully  violates  this  section  shall  be
liable to the applicant or other party for actual damages, and shall pay
a  civil  penalty  to  the  applicant or other party in an amount not to
exceed one thousand dollars.
(j) In any action by a unit  owner  requesting  to  have  an  electric
vehicle  charging  station  installed  and seeking to enforce compliance
with this section, the unit owner shall be awarded reasonable attorney's
fees if he or she prevails.