2023 New York Laws › RPP - Real Property › Article 9-D - Electric Vehicle Rights Act › 343 - Certain Covenants, Conditions, and Restrictions of Homeowners' Associations Prohibited.

§  343. Certain covenants, conditions, and restrictions of homeowners'
associations prohibited.  1.  Definitions.  For  the  purposes  of  this
section:
(a)  "restriction  on  use"  shall  mean any covenant, restriction, or
condition contained in:
(i) a deed;
(ii) a contract;
(iii) the by-laws of a homeowners' association;
(iv) any rules or regulations adopted by a homeowners' association;
(v) a security agreement; or
(vi) any other instrument affecting the transfer or sale  of,  or  any
interest in, real property.
(b) "electric vehicle charging station" shall have the same meaning as
such  term  is  defined  in section three hundred thirty-nine-ll of this
chapter.
2. A homeowners' association may not adopt or  enforce  any  rules  or
regulations  that  would  effectively  prohibit,  or impose unreasonable
limitations on, the installation or use of an electric vehicle  charging
station.   A   restriction   on  use  which  effectively  prohibits  the
installation  or  use  of  an  electric  vehicle  charging  station   is
unenforceable  and  shall  be void as contrary to public policy. For the
purposes of this subdivision, an unreasonable limitation  includes,  but
is not limited to, any restriction on use that:
(a) inhibits the electric vehicle charging station from functioning at
its intended maximum efficiency; or
(b)  increases the electric vehicle charging station's installation or
maintenance costs by an amount which is estimated to be greater than ten
percent of the total cost of the initial installation  of  the  electric
vehicle charging station, including the costs of labor and equipment.
3.  Notwithstanding  subdivision  two  of  this section, a homeowners'
association may adopt or enforce a restriction on use  to  prohibit  the
installation  of an electric vehicle charging station that is located on
property owned by the homeowners' association  or  that  is  located  on
property owned in common by the members of the homeowners' association.
4.  If  approval  for  the  installation or use of an electric vehicle
charging  station  is  required  by  a  homeowners'   association,   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. Any  denial  of  a  homeowner's  application  shall
include  a  detailed  description  of the exact basis for the denial and
shall  include  specific  examples  of  the  homeowners'   association's
concerns,  if  applicable.  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.
5.  An  electric  vehicle charging station shall meet the requirements
established by any local, state or federal law, rule  or  regulation  on
health  and safety standards and those requirements imposed by state and
local permitting authorities.
6. In any action by a homeowner requesting to have an electric vehicle
charging station installed and seeking to enforce compliance  with  this
section, the homeowner shall be awarded reasonable attorney's fees if he
or she prevails.