Maine LD 1133: An Act To Allow Electric Vehicle Charging Stations By Condominium And Residential Associations

Bill Text

Page 1 - 132LR2153(03)
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FIVE
_____
S.P. 457 - L.D. 1133
An Act to Allow Electric Vehicle Charging Stations by Condominium and
Residential Associations
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 33 MRSA §576-A is enacted to read:
§576-A. Electric vehicle charging stations allowed
1. Definitions. As used in this section, unless the context otherwise indicates, the
following terms have the following meanings.
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 organized, including any amendments to the
instrument.
B. "Common interest community" has the same meaning as in Title 38, section 3002,
subsection 3.
C. "Electric vehicle charging station" means an electric component assembly 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 the association of unit owners.
E. "Limited common element" has the same meaning as in section 1601-103,
subsection (16).
F. "Purchaser" means a person, other than a declarant or a dealer, that by means of a
voluntary transfer acquires a legal or equitable interest in a unit, other than: a leasehold
interest, including renewal options, of less than 20 years; or as security for an
obligation.
G. "Rule" means a policy, guideline, restriction, procedure or regulation 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
APPROVED
JUNE 12, 2025
BY GOVERNOR
CHAPTER
280
PUBLIC LAW

Page 2 - 132LR2153(03)
occurring within the common interest community for the use, maintenance, repair,
replacement, modification or appearance of the common interest community of an
association of unit owners.
H. "Unreasonable restriction" means a restriction that significantly increases the cost
of the electric vehicle charging station or significantly decreases its efficiency or
specified performance.
2. Unenforceable provisions. Beginning January 1, 2026, any provision of a
declaration or bylaw that either prohibits or places an unreasonable restriction on the
installation or use of an electric vehicle charging station in a unit parking space or limited
common element parking 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 station in a unit parking space or in a limited
common element parking space with the written approval of the unit owner of each unit to
which use of the limited common element parking space is reserved. The executive board
shall acknowledge, in writing, the receipt of an application not later than 30 days after
receipt of the application and process the application in the same manner as an application
for an addition, alteration or improvement pursuant to the declaration or bylaws. The
approval or denial of the application must be in writing and must be issued not later than
60 days after the date of receipt of the application. Unless the executive board reasonably
requests additional information not later than 60 days from the date of receipt of the
application, the application is deemed approved 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 charging
station in a unit parking space or limited common element parking space unless the unit
owner complies with the requirements of this subsection.
A. The unit owner shall obtain approval from the executive board to install the electric
vehicle charging station. The executive board shall approve the application for the
installation if the unit owner agrees in writing to:
(1) Comply with the provisions of the declaration or bylaws regarding an addition,
alteration or improvement;
(2) Provide a certificate of insurance, within 14 days of approval, that demonstrates
insurance coverage in amounts determined sufficient by the executive board;
(3) Pay for the costs associated with the installation of the electric vehicle charging
station, including, but not limited to, increased master insurance policy premiums,
attorney's fees incurred by the association of unit owners, engineering fees,
professional fees, permits and applicable zoning compliance costs; and
(4) Pay the electricity usage costs associated with the electric vehicle charging
station.
B. The unit owner, and each successive unit owner, of the electri