Legal

January 24, 2025 Published by Golden Horseshoe Chapter - By Stephanie Sutherland

Q&A - Electric Vehicle Charging Stations

From the Volume 22, Winter 2025 issue of the CCI GHC Condo News Magazine

Lately I have received several requests from clients for my opinion and guidance on the installation of an Electric Vehicle Charging Station (or EVCS) by unit owners or condos. There are a few important basics to know about this process, keeping in mind that every condo is different and there may be unique circumstances at your condo that could affect potential EVCS installation.

Q: Does EVCS installation fall under s. 97 (by condos) and s. 98 (by unit owners) of the Condominium Act, 1998 (the “Act”)?

A: Contrary to popular belief, NO! While an EVCS is almost always going to involve some addition, alteration, or amendment (“change”) to a condo’s common elements, sections 97 and 98 do not apply. Instead, you can find the EVCS approval and installation process set out in sections 24.2 to 24.6 of the Act’s General Regulation, O Reg 48/01. These sections are like sections 97 and 98 but are specific to EVCS installation. Section 24.2 defines certain relevant terms, section 24.3 governs EVCS installation by a condo, and sections 24.4-24.6 address the process that an owner and the condo must follow when an owner wishes to install an EVCS.

Q: Can a condo Board refuse to allow an owner to install an EVCS?

A: Here’s your typical lawyer answer: it depends. If the EVCS is being installed entirely within unit boundaries and will not affect the common elements, then no, unless there is a threat to the health and safety of people or risk to the property, or other serious concern. This restriction applies to basically anything you might want to do to your unit or the common elements.

If the EVCS installation will be on or will be a change to the common elements, then generally the Board cannot refuse, if the owner has followed the application process set out in O Reg 48/01. However, the Board can refuse if, once the application is reviewed, a report or opinion from a professional is obtained that states one (or more) of the following circumstances apply:

• The EVCS installation would be contrary to any legislation, and in particular the Electrical Safety Code;
• Will have a negative impact on the structural integrity of the property; or
• Will pose a serious risk to the health and safety of people, or damage to the property.

The Board can require that an alternative to the proposed manner or location of installation be used, in certain situations.

Q: As a unit owner, do I have to enter into an agreement with the condo for my EVCS installation, like under s. 98 for other changes to the common elements

A: Yes. The condo and owner must enter into an agreement regarding the EVCS installation and operation. This agreement must set out certain terms, including how the installation will be done; how costs of installation are allocated; who is responsible for maintenance, repair, operation, and other duties, and the associated costs; who will own the EVCS; and what happens if the owner no longer wants the EVCS or the agreement is terminated. Just like a s. 98 agreement (also known as an indemnity or alteration agreement), the EVCS agreement must be registered on title to the unit of the owner making the installation.

Q: What if the condo’s governing documents (Declaration, By-laws, and/or Rules) prohibit the installation and use of EVCS?

A: As with everything in the condo world in Ontario, the Act prevails over a condo’s governing documents, which means that the Declaration, By-laws, and Rules cannot overrule a provision of the Act (except in specific situations, which are set out in the Act). The Act, which includes its Regulations, states that an owner is entitled to install an EVCS if that owner complies with the requirements set out in O Reg 48/01. Therefore, a Declaration, By-law, or Rule cannot take away that right, unless one of the 3 circumstances discussed earlier in this article are present (contravention of a law, threat to structural integrity, serious risk of harm to people or the condo’s property).

Q: Is the condo required to install an EVCS on the common elements if the owners want it? Is the condo allowed to if owners don’t want it?

A: A Board of Directors, on behalf of the condo, can choose to install an EVCS, but it is not required. Often, a Board’s consideration of the EVCS issue will occur because requests have been received from several owners and the Board believes it is a worthwhile investment to install a system.

While it is unlikely that a Board would choose to install an EVCS or EVCS system if there was overwhelming opposition from the owners, the Board does have the right to do so if certain criteria are met. If the cost of installation (which does not include post-installation costs for operation, repair, maintenance, etc.) will be the same as or less than 10% of that year’s annual budgeted common expenses, and the Board believes it would not materially reduce or eliminate the owners’ enjoyment of their units or the common elements, then the Board must send out a notice to owners advising of the planned installation and its costs. Once 60 days have passed since the notice to owners is provided, the EVCS can be installed. If the costs of the EVCS

If the costs of the EVCS installation will be more than 10% of that year’s annual budgeted common expenses, then the Board must follow the same process as above, but the notice is required to also include a statement that the owners are entitled to call a meeting under s. 46 of the Act (a requisition meeting). If the owners do not requisition a meeting within 60 days of receiving the notice, or if they do and do not vote against it at the meeting, then the Board can proceed with the EVCS installation.

Stephanie Sutherland is a condominium lawyer at the Kitchener office of Cohen Highley LLP. Stephanie assists condominium boards, unit owners, and managers with day-to-day governance matters, compliance issues, drafting and registration of new and amended condo governance documents, court and CAT proceedings, and mediations and arbitrations. She sits on several Grand River, Golden Horseshoe, and national CCI committees, and is on the CCI Grand River Board. Stephanie also regularly speaks at CCI events and contributes articles to condo industry publications.