Plugging into Progress: What HB 5109 means for Electric Vehicle Charging Stations in Michigan Condominiums
As previously discussed in “Electric Vehicle Charging Stations: Keep your Condominium Association Current!” and “Outdated to upgraded: Time to modernize your condominium bylaws?”, there are numerous factors that a condominium association should consider when evaluating a modification request to install an electric vehicle charging station. Given that electric vehicles are becoming more ubiquitous around the country, states such as California, Colorado, Connecticut, Florida, Hawaii, Illinois, Maryland, New Jersey, New York, North Dakota, Oregon, Utah, Virginia, and Washington have passed some form of legislation that requires community associations to permit electric vehicles, subject to certain requirements. HB 5109 was introduced by the Michigan Legislature in 2023 to provide more flexibility for Michigan condominium associations when considering requests for co-owners to install electric vehicle charging stations. Specifically, as will be discussed below, HB 5109 would amend MCL 559.147, of the Michigan Condominium Act, to address co-owner modification requests for electric vehicle charging stations.
Michigan HB 5109
HB 5109 would amend the Michigan Condominium Act to add subsections (3), (4), and (5) to MCL 559.147, which would read as follows:
(3) Notwithstanding any prohibitions and restrictions in the condominium documents, an association of co-owners may allow a co-owner to install electric supply equipment at a parking space that is allotted to the co-owner and is on the co-owner’s condominium unit if the co-owner agrees to do all of the following:
(a) Pay the costs for the installation, maintenance, repair, and replacement of the electric vehicle supply equipment until it has been removed, and for restoration of any damages to the condominium unit after the electric vehicle supply equipment has been removed.
(b) Pay all costs associated with the electricity usage of the electric vehicle supply equipment.
(c) Disclose to prospective buyers of the co-owner’s condominium unit the existence of the electric vehicle supply equipment and all responsibilities of the co-owner under this section.
(4) An association of co-owners may establish standards and requirements for the installation of electric vehicle supply equipment, including, but not limited to, the payment of the costs associated with the electricity usage of the electric vehicle supply equipment.
(5) As used in this section, “electric vehicle supply equipment” means a machine or other device located within this state that is supplied with electricity and is designed or used for placing or delivering electricity into the battery storage system of a motor vehicle.
Accordingly, even if there were certain restrictions on electric vehicle charging stations in the condominium documents, the proposed change to the Michigan Condominium Act would permit the Association to allow a co-owner to install a charging station at the co-owner’s dedicated parking space that is contained within their unit, provided certain requirements were met. Importantly, HB 5109 would not require a condominium association to create new dedicated parking spaces on the general common elements and it would not permit a co-owner to unilaterally ignore the condominium documents. A co-owner that desires to install a charging station on their unit would be required to pay all costs associated with the EV charging station and any damages caused by the removal of the charging station. The co-owner would also have to agree to pay all electricity costs and disclose the co-owner’s responsibilities for maintenance and electricity to a prospective purchaser.
HB 5109 would also permit the condominium association to establish standards and requirements for installing an EV charging station. In addition to the issues identified above, examples of common standards that many condominium associations utilize when considering a request for installing an electric vehicle charging station are as follows:
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- Has an electrician and/or engineer verified that existing infrastructure would support the proposed Level 1, 2, or 3 charging station?
- Has the co-owner submitted plans and specifications for the charging station so the board of directors can have an expert review the plans?
- Is a licensed contractor installing the charging station?
- Did the co-owner obtain a permit and does the proposed installation comply with the building code?
- Does the co-owner’s HO-6 policy provide any coverage from damage caused by an electric vehicle charging station?
Accordingly, even if HB 5019 is not enacted into law, it would still be important for condominium associations to consider the above items when dealing with a modification request to install an electric vehicle charging station, as they are becoming more common. Similarly, a condominium association that desires to be proactive about installing EV charging stations could also adopt a set of rules and regulations that outlines the requirements to provide clarity to co-owners making modification requests.
Conclusion
HB 5109 would provide flexibility to condominium associations in dealing with requests from co-owners to install electric vehicle charging stations, while still providing autonomy to condominium associations to ensure that the installation is performed in a safe manner, which meets all code requirements, and allocates responsibility for the charging station to the co-owners. HB 5109 would only apply to condominium associations, whether that is an attached condominium or site condominium, and it would not apply to a traditional homeowners association in a platted subdivision. As of the publication of this article, HB 5109 has not yet passed the house, but some condominium associations may still want to be proactive in getting ahead of this potential legislation and creating more specific requirements related to the installation of electric vehicle charging stations. Accordingly, condominium associations should consider amending the condominium bylaws or adopting rules to implement existing modification requirements in the condominium documents, to ensure that their community is well-positioned to oversee the increasing number of requests to install electric vehicle charging stations.
Kevin Hirzel is the Managing Member of Hirzel Law, PLC. He concentrates his practice on commercial litigation, community association law, condominium law, Fair Housing Act compliance, homeowners association law, and real estate law. Mr. Hirzel is a fellow in the College of Community Association Lawyers, a prestigious designation given to less than 175 attorneys in the country. Mr. Hirzel has been recognized as a Michigan Rising Star and a Super Lawyer in real estate law by Super Lawyers Magazine, a Leading Lawyer in Condominium & HOA law by Leading Lawyers Magazine, and as a Best Lawyer in Real Estate Law by U.S News and World Report’s Best Lawyers Publication. Hirzel Law, PLC represents community associations, condominium associations, cooperatives, and homeowners associations, in Michigan and Illinois. He may be reached at (248) 478-1800 or kevin@hirzellaw.com.
