The Redditor took to the platform’s r/LegalAdvice forum, asking its members what steps they could take to fight back against the HOA. They wrote that it’s “so stupid” that the HOA is arguing that a charger can’t be installed because it’s a public space. The spot in front of their townhouse is assigned to them, so they assume they have the right to install a charging station.
But the HOA doubled down, claiming that the law “applies to condos and not HOAs.”
The Redditor said that is not how the law should be applied, but they remained confused about what to do next.
Maryland’s right-to-charge law, which went into effect on October 1, 2021, states that no governing body can prevent a resident from installing an EV station. There are stipulations, but HOAs seem to fall into the “governing body” category.
Commenters were confused about the situation, as well.
When one user asked if the Redditor owns the spot, another replied, “Does it matter? The laws states: ‘The governing body shall approve the installation of electric vehicle recharging equipment in a lot owner’s deeded parking space or a parking space that is specifically designated for use by a particular owner …’”
“It may matter,” replied another Redditor. They pointed out that the title of that particular section specifically states that the law applies to “a condominium.”
The confusion was finally put to rest earlier this year when the Maryland General Assembly amended the original law to include all HOAs, not just those governing condos.
Not all right-to-charge laws are the same. California, Colorado, Connecticut, and Virginia have the most inclusive laws for different reasons. It’s recommended that you familiarize yourself with right-to-charge laws in your state before attempting the installation of an EV charger.
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