The Ontario Government recently released proposed regulations under the Condominium Act, 1998 (the “Act”) to facilitate the charging of electric vehicles (“EV”) in condominiums.
The following proposed regulations will make it easier for condo owners and condominium corporations to install electric charging stations.
- In order to allow owners to exchange their parking units or exclusive use parking spaces with other parking spots that provide access to EV charging stations, it is proposed that any required amendment to the condominium declaration to facilitate such exchange will only require the approval of the owners of at least 50% of the units in the condominium (instead of the current 80% or 90% approval threshold).
- Currently, any change to the common elements made by the condominium corporation requires either notice to or approval of the unit owners under section 97 of the Act, and any change to the common elements made by an owner requires the approval of the condominium corporation pursuant to section 98. The proposed regulation would allow an exemption from these notice/approval requirements if the change to the common elements is to install EV charging equipment and related infrastructure.
- It is proposed that a condominium corporation must approve an owner’s request to install an EV charging station in the owner’s parking unit or exclusive use parking space if the installation meets certain conditions such as:
- The installation must be installed by a licensed electrician in compliance with the Ontario Electrical Safety Authority requirements.
- All installation costs and associated electrical costs must be borne by the owner.
- The owner must have insurance covering the installation and indemnify the corporation.
- The owner must, if needed, obtain and pay for an electrical capacity audit and structural integrity assessment.
The proposal contemplates that a corporation may refuse to approve a request for the installation of an EV charging station only if the installation does not meet the conditions, or if the installation would adversely affect the electrical capacity or structural integrity of the condominium property or assets, or if the installation would result in substantial expense to the corporation.
- The proposal would permit condominium boards to use the corporation’s reserve fund to pay for electrical capacity upgrades to accommodate the installation of EV charging equipment. In addition, every condominium corporation’s reserve fund study would be required to include the estimated costs to install EV charging infrastructure by 2022.
- The proposal would require condominium corporations to install a minimum of two charging stations in the common elements upon request from at least the lesser of the owners of five units or the owners of five per cent of all the units in the condominium.
The proposed regulations are targeted to come into force in the spring of 2018.
Comments on the proposed regulations can be submitted by no later than January 2, 2018. Click here to submit comments.
