New Jersey § 45:22a-48

§ 45:22a-48.

a. (1) An association formed for the management of common elements and facilities

of a planned real estate development, regardless of whether organized pursuant to

section 1 of P.L.1993, c. 30 ( C.45:22A-43 ), shall not adopt or enforce a restriction, covenant, bylaw, rule, regulation, master

deed provision, or provision of a governing document prohibiting or unreasonably restricting

the installation or use of an electric vehicle charging station in a designated parking

space. (2) Any covenant, restriction, or condition contained in any deed, contract, security

instrument, or other instrument affecting the transfer or sale of any interest in

a planned real estate development, and any provision of a master deed, bylaw, or other

governing document that either prohibits or unreasonably restricts the installation

or use of an electric vehicle charging station in a designated parking space, or is

in conflict with the provisions of this section, is void and unenforceable. (3) Notwithstanding any provisions of an association's governing documents concerning

the grant of exclusive or limited use of any portion of a common element to a unit

owner, the executive board of an association shall grant exclusive or limited use

of any portion of a common element to a unit owner: (a) to install and use an electric vehicle charging station in a unit owner's designated

parking space that meets the requirements of this section, where the installation

or use of the charging station requires reasonable access through, or across, the

common elements for utility lines or meters; or (b) to install and use an electric vehicle charging station through a license granted

by an association pursuant to subsection e. of this section. (4) Nothing in this section shall be construed to prohibit an association from imposing

reasonable restrictions on electric vehicle charging stations. b. An electric vehicle charging station shall meet applicable health and safety standards

and requirements imposed by State and local authorities as well as all other applicable

zoning, land use or other ordinances, or land use permits. c. If association approval is required for the installation or use of an electric

vehicle charging station, the application for approval shall be processed and approved

by the association in the same manner as an application for approval of an architectural

modification to the property, and shall not be willfully avoided or delayed. The approval or denial of an application shall be in writing. If an application is not denied in writing within 60 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. If an association reasonably determines that the cumulative use of electricity on

the premises attributable to the installation and use of electric vehicle charging

stations requires the installation of additional infrastructure improvements to provide

the premises with a sufficient supply of electricity, then the association may hold

an application for approval in abeyance until the upgrades are completed. d. The following provisions shall apply to installations of electric vehicle charging

stations for the exclusive use of a unit owner: (1) if required by the governing documents or the association's rules and regulations,

the unit owner shall first obtain approval from the association to install the electric

vehicle charging station and the association shall approve the installation if the

provisions of this section are met and the unit owner agrees in writing to: (a) comply with the association's architectural standards for the installation of

the electric vehicle charging station; (b) engage a licensed electrician to install all necessary electric lines and electrical

infrastructure in compliance with the association's architectural standards; (c) within 14 days of approval and prior to installation, obtain and maintain at all

times, while the electric vehicle charging station is in place, insurance protecting

the association and the other unit owners from damage as a result of the existence

and operation of the electric vehicle charging station, and provide evidence of insurance

specifying that insurance covers the electric vehicle charging station in the amount

required under this section. Nothing in this subparagraph shall be construed as impairing the right of an association

to require a unit owner to maintain homeowner's insurance under the association's

governing documents or rules and regulations; (d) pay for the electricity usage associated with the electric vehicle charging station; (e) pay for reasonable charges imposed by an association to recover the costs of the

review and approval of an application for the installation or use of an electric vehicle

charging station, including, without limitation, reasonable engineering and legal

fees. An association may require that anticipated review charges be placed in escrow in

advance of commencing review of an application for the installation or use of an electric

vehicle charging station; (2) an association may deny an application for the installation or use of an electric

vehicle charging station if the association reasonably concludes that the electric

vehicle charging station constitutes a life-safety risk; (3) if an association reasonably determines that the cumulative use of electricity

on the premises attributable to the installation and use of electric vehicle charging

stations requires the installation of additional infrastructure improvements to provide

the premises with a sufficient supply of electricity, then the association may specially

assess the cost of those additional infrastructure improvements to the unit owners

who have installed electric vehicle charging stations, and have applied to install

electric vehicle charging stations, in equal shares per electric vehicle charging

station. An association may require a unit owner to pay a special assessment before the unit

owner may install an electric vehicle charging station; (4) any monies that a unit owner owes an association under this section shall be deemed

special assessments, and the association may collect those monies from the unit owner

in the same manner as the association's governing documents and applicable law provides

for the collection of delinquent common expenses, rent, or other delinquent amounts,

and unless any of the following responsibilities are specifically abrogated as they

relate to electric vehicle charging stations, in whole or in part, under the governing

documents of the association, the unit owner and each successive unit owner of the

electric vehicle charging station shall be responsible for the cost of the following

items as if the items were an assessment applicable to the unit owner: (a) any damage to the electric vehicle charging station, the parking space, a common

element, a limited common element, the property of other unit owners, or separate

interests, which damage results from the installation, maintenance, repair, removal,

or replacement of the charging station; (b) any maintenance, repair, and replacement of an electric vehicle charging station,

and restoration of the area after removal of the electric vehicle charging station; (c) the electricity usage associated with the electric vehicle charging station; (d) all installation costs associated with electric vehicle charging stations; and (e) any costs associated with an application for the installation or use of an electric

vehicle charging station to satisfy applicable health and safety standards and requirements

imposed by State and local authorities, including but not limited to applicable zoning,

land use, and other ordinance requirements; (5) the unit owner, and each successive unit owner, of an electric vehicle charging

station shall be responsible for disclosing to prospective buyers the existence of

the unit owner's electric vehicle charging station and the related responsibilities

of the unit owner under this section; and (6) except as otherwise provided in this paragraph, a unit owner, and each successive

unit owner, of an electric vehicle charging station shall, at all times, maintain

a homeowner's liability coverage policy in the amount of $100,000 and shall name the

association as a certificate holder with the right to receive a notice of cancellation. An association may require the unit owner of an electric vehicle charging station

to carry a homeowner's liability coverage policy in excess of $100,000 if the association's

governing documents or rules and regulations require all unit owners to carry a greater

amount. If a unit owner fails to procure or maintain insurance required under this section,

the association may procure insurance on the unit owner's behalf and charge the unit

owner the cost of the insurance. The unit owner shall hold the association and the other unit owners harmless from

any and all claims, damages, liabilities, costs and expenses, including reasonable

attorney's fees, arising out of or relating to any personal injuries, death, or damage

to property that were caused by, or contributed to by, the installation, removal or

use of the electric vehicle charging station. e. The executive board of an association may license, for a defined period of time,

as set forth in the license, a common area parking space for the exclusive use of

a unit owner for the installation of an electric vehicle charging station. The grant of any such license shall be at the sole discretion of the board, but

such grant shall not be fraudulent, unconscionable, or self-dealing. f. An association may install electric vehicle charging stations in common element

parking spaces for the use of all unit owners. An association may adopt appropriate rules and regulations for the use of common

electric vehicle charging stations. g. An association may create a parking space where one did not previously exist to

facilitate the installation of an electric vehicle charging station. If an association creates a parking space to accommodate an electric vehicle charging

station for the exclusive use of a unit owner, the unit owner shall be responsible

for all costs associated with creating the space including but not limited to land

use approvals, permits, reviews, easements, and construction costs. If a new parking space to accommodate an electric vehicle charging station for the

exclusive use of a unit owner is to be located in a common element or limited common

element, the provisions of subsection d. of this section shall apply. h. The Commissioner of Community Affairs shall enforce the provisions of this section

in accordance with the authority granted under section 18 of P.L.1977, c. 419 ( C.45:22A-38 ). i. As used in this section: “ Designated parking space ” means a parking space that is specifically designated for use by a particular unit

owner, including, but not limited to, a garage, a deeded parking space, and a parking

space in a limited common element that is restricted for use by one or more unit owners; “ Electric vehicle charging station ” means a station that is designed in compliance with the State Uniform Construction

Code, adopted pursuant to P.L.1975, c. 217 ( C.52:27D-119 et seq. ), that delivers electricity from a source outside an electric vehicle into one or

more electric vehicles, and that is capable of providing, at a minimum, Level 2 charging. An electric vehicle charging station may include several charge points simultaneously

connecting several electric vehicles to the station and any related equipment needed

to facilitate charging plug-in electric vehicles; “ Reasonable restriction ” means a restriction that does not significantly increase the cost of an electric

vehicle charging station or significantly decrease its efficiency or specified performance;

and “ Unit owner ” means the record owner of a residential dwelling unit located within an association,

or, in the case of a cooperative housing corporation, a shareholder of record owning

the shares appurtenant to an individual dwelling unit. This act shall not apply to the owners of commercial units, space, or interest located

within an association.