Maryland HB 602: Real Property - Installation and Use of Electric Vehicle Recharging Equipment

Bill Text

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0602*

HOUSE BILL 602
N1 8lr1195
HB 699/17 – ENV
By: Delegates Lam, Ebersole, Frush, Hill, C. Howard, Jalisi, Korman, Krimm,
McIntosh, Morhaim, Proctor, Reznik, Tarlau, M. Washington, and K. Young
Introduced and read first time: January 29, 2018
Assigned to: Environment and Transportation

A BILL ENTITLED

AN ACT concerning 1

Real Property – Installation and Use of Electric Vehicle Recharging Equipment 2

FOR the purpose of providing that certain provisions of a recorded covenant or restriction, 3
a declaration, or the bylaws or rules of a condominium or homeowners association 4
are void and unenforceable; establishing certain requirements and procedures 5
relating to an application to the governing body of a condominium or homeowners 6
association to install or use electric vehicle recharging equipment; requiring certain 7
owners of electric vehicle recharging equipment to be responsible for certain costs 8
and disclosures; requiring a unit or lot owner to obtain certain permits or approval 9
required for electric vehicle recharging equipment; requiring the governing body of 10
a condominium or homeowners association to authorize the installation of electric 11
vehicle recharging equipment for the exclusive use of a unit or lot owner in certain 12
areas under certain circumstances; authorizing the governing body of a 13
condominium or homeowners association to install electric vehicle recharging 14
equipment in certain areas and to develop reasonable rules for use of the equipment; 15
authorizing the governing body of a condominium or homeowners association to 16
create new parking spaces under certain circumstances; providing that a governing 17
body that willfully violates this Act shall be liable to a certain owner for certain 18
damages and attorney’s fees, under certain circumstances; establishing a certain 19
State policy; providing for the application of certain provisions of this Act; defining 20
certain terms; and generally relating to the installation and use of electric vehicle 21
recharging equipment in certain condominiums and developments. 22

BY adding to 23
Article – Real Property 24
Section 11–111.4 and 11B–111.7 25
Annotated Code of Maryland 26
(2015 Replacement Volume and 2017 Supplement) 27

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 28

2 HOUSE BILL 602

That the Laws of Maryland read as follows: 1

Article – Real Property 2

11–111.4. 3

(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 4
INDICATED. 5

(2) “ELECTRIC VEHICLE RECHARGING EQUIPMENT” MEANS 6
PROPERTY IN THE STATE THAT IS USED FOR RECHARGING MOTOR VEHICLES 7
PROPELLED BY ELECTRICITY. 8

(3) “REASONABLE RESTRICTIONS” MEANS RESTRICTIONS THAT DO 9
NOT SIGNIFICANTLY INCREASE THE COST OF ELECTRIC VEHICLE RECHARGING 10
EQUIPMENT OR SIGNIFICANTLY DECREASE THE EFFICIENCY OR SPECIFIED 11
PERFORMANCE OF THE ELECTRIC VEHICLE RECHARGING EQUIPMENT. 12

(B) IT IS THE POLICY OF THE STATE TO PROMOTE, ENCOURAGE, AND 13
REMOVE OBSTACLES TO THE USE OF ELECTRIC VEHICLE RECHARGING EQUIPMENT. 14

(C) THIS SECTION DOES NOT APPLY TO PROVISIONS THAT IMPOSE 15
REASONABLE RESTRICTIONS ON ELECTRIC VEHICLE RECHARGING EQUIPMENT. 16

(D) A RECORDED COVENANT OR RESTRICTION, A PROVISION IN A 17
DECLARATION, OR A PROVISION IN THE BYLAWS OR RULES OF A CONDOMINIUM IS 18
VOID AND UNENFORCEABLE IF THE COVENANT, RESTRICTION, OR PROVISION: 19

(1) IS IN CONFLICT WITH THE PROVISIONS OF THIS SECTION; OR 20

(2) EFFECTIVELY PROHIBITS OR UNREASONABLY RESTRICTS THE 21
INSTALLATION OR USE OF ELECTRIC VEHICLE RECHARGING EQUIPMENT IN A UNIT 22
OWNER’S DESIGNATED PARKING SPACE, INCLUDING A DEEDED PARKING SPACE, A 23
PARKING SPACE IN AN OWNER’S EXCLUSIVE USE LIMITED COMMON ELEMENT, OR A 24
PARKING SPACE THAT IS SPECIFICALLY DESIGNATED FOR USE BY A PARTICULAR 25
OWNER. 26

(E) (1) IF APPROVAL IS REQUIRED FOR THE INSTALLATION OR USE OF 27
ELECTRIC VEHICLE RECHARGING EQUIPMENT IN A CONDOMINIUM, THE GOVERNING 28
BODY SHALL PROCESS AND REVIEW AN APPLICATION FOR APPROVAL IN THE SAME 29
MANNER AS AN APPLICATION FOR APPROVAL OF AN ARCHITECTURAL 30
MODIFICATION TO THE CONDOMINIUM. 31

(2) THE GOVERNING BODY MAY NOT WILLFULLY AVOID OR DELAY 32

HOUSE BILL 602 3

PROCESSING AND REVIEWING AN APPLICATION FOR APPROVAL. 1

(3) THE APPROVAL OR DENIAL OF AN APPLICATION SHALL BE IN 2
WRITING. 3

(4) IF AN APPLICATION IS NOT DENIED IN WRITING WITHIN 60 DAYS 4
AFTER THE GOVERNING BODY RECEIVES THE APPLICATION, THE APPLICATION 5
SHALL BE DEEMED APPROVED, UNLESS THE DELAY IS THE RESULT OF A 6
REASONABLE REQUEST FOR ADDITIONAL INFORMATION. 7

(F) (1) (I) A UNIT OWNER MAY NOT INSTALL ELECTRIC VEHICLE 8
RECHARGING EQUIPMENT IN A COMMON ELEMENT OR LIMITED COMMON ELEMENT 9
WITHOUT PRIOR APPROVAL FROM THE GOVERNING BODY. 10

(II) THE GOVERNING BODY SHALL APPROVE THE INSTALLATION 11
IF THE UNIT OWNER AGREES IN WRITING TO: 12

1. COMPLY WITH THE CONDOMINI