103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1212

 

Introduced 1/31/2023, by Rep. Kam Buckner

 

SYNOPSIS AS INTRODUCED:
 
765 ILCS 160/1-71 new
765 ILCS 160/1-72 new

    Amends the Common Interest Community Association Act. Provides that 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 common interest community, and any provision of a community instrument that either effectively prohibits or unreasonably restricts the installation or use of an electric vehicle charging station or an electric vehicle dedicated time-of-use (TOU) meter, is void and unenforceable. Provides that if approval is required for the installation or use of an electric vehicle charging station or electric vehicle dedicated TOU meter, 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. Provides requirements for an electric vehicle charging station or electric vehicle dedicated TOU meter placed in a common area or an exclusive use common area. Provides that the association may install an electric vehicle charging station or electric vehicle dedicated TOU meter in the common area for the use of all members of the association and all unit owners. Provides that an association that willfully violates the provisions is liable to the unit owner for actual damages and shall pay a civil penalty to the unit owner in an amount not to exceed $1,000.


LRB103 05789 LNS 50809 b

 

 

A BILL FOR

 

HB1212LRB103 05789 LNS 50809 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Common Interest Community Association Act
5is amended by adding Sections 1-71 and 1-72 as follows:
 
6    (765 ILCS 160/1-71 new)
7    Sec. 1-71. Electric vehicle charging stations.
8    (a) Any covenant, restriction, or condition contained in
9any deed, contract, security instrument, or other instrument
10affecting the transfer or sale of any interest in a common
11interest community and any provision of a community instrument
12that either effectively prohibits or unreasonably restricts
13the installation or use of an electric vehicle charging
14station within a unit owner's unit or in a designated parking
15space, including, but not limited to, a deeded parking space,
16a parking space in a unit owner's exclusive use common area, or
17a parking space that is specifically designated for use by a
18particular unit owner, or is in conflict with this Section is
19void and unenforceable.
20    (b) This Section does not apply to provisions that impose
21reasonable restrictions on an electric vehicle charging
22station. However, it is the policy of this State to promote,
23encourage, and remove obstacles to the use of an electric

 

 

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1vehicle charging station.
2    (c) An electric vehicle charging station shall meet
3applicable health and safety standards and requirements
4imposed by State and local authorities, and all other
5applicable zoning, land use, or other ordinances or land use
6permits.
7    (d) If approval is required for the installation or use of
8an electric vehicle charging station, the application for
9approval shall be processed and approved by the association in
10the same manner as an application for approval of an
11architectural modification to the property, and shall not be
12willfully avoided or delayed. The approval or denial of an
13application shall be in writing. If an application is not
14denied in writing within 60 days from the date of receipt of
15the application, the application shall be deemed approved
16unless the delay is the result of a reasonable request for
17additional information.
18    (e) If the electric vehicle charging station is to be
19placed in a common area or an exclusive use common area, as
20designated in the common interest community's bylaws, the
21following applies:
22        (1) The unit owner shall first obtain approval from
23    the association to install the electric vehicle charging
24    station and the association shall approve the installation
25    if the unit owner agrees in writing to:
26            (i) comply with the association's architectural

 

 

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1        standards for the installation of the electric vehicle
2        charging station;
3            (ii) engage a licensed contractor to install the
4        electric vehicle charging station;
5            (iii) within 14 days of approval, provide a
6        certificate of insurance that names the association as
7        an additional insured party under the unit owner's
8        insurance policy; and
9            (iv) pay for both the costs associated with the
10        installation of and the electricity usage associated
11        with the electric vehicle charging station.
12        (2) The unit owner, and each successive unit owner, of
13    the electric vehicle charging station shall be responsible
14    for:
15            (i) costs for damage to the electric vehicle
16        charging station, common area, exclusive use common
17        area, or separate interests resulting from the
18        installation, maintenance, repair, removal, or
19        replacement of the electric vehicle charging station;
20            (ii) costs for the maintenance, repair, and
21        replacement of the electric vehicle charging station
22        until it has been removed and for the restoration of
23        the common area after removal;
24            (iii) the cost of electricity associated with the
25        electric vehicle charging station; and
26            (iv) disclosing to prospective unit owners the

 

 

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1        existence of any electric vehicle charging station of
2        the unit owner and the related responsibilities of the
3        unit owner under this Section.
4        (3) The unit owner of the electric vehicle charging
5    station, whether located within a separate unit or within
6    the common area or exclusive use common area, shall, at
7    all times, maintain a liability coverage policy. The unit
8    owner that submitted the application to install the
9    electric vehicle charging station shall provide the
10    association with the corresponding certificate of
11    insurance within 14 days of approval of the application.
12    The unit owner, and each successive unit owner, shall
13    provide the association with the certificate of insurance
14    annually thereafter.
15        (4) A unit owner is not required to maintain a
16    homeowner liability coverage policy for an existing
17    National Electrical Manufacturers Association standard
18    alternating current power plug.
19    (f) Except as provided in subsection (g), the installation
20of an electric vehicle charging station for the exclusive use
21of a unit owner in a common area that is not an exclusive use
22common area shall be authorized by the association only if the
23installation in the unit owner's designated parking space is
24impossible or unreasonably expensive. In such cases, the
25association shall enter into a license agreement with the unit
26owner for the use of the space in a common area, and the unit

 

 

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1owner shall comply with all of the requirements in subsection
2(e).
3    (g) The association may install an electric vehicle
4charging station in the common area for the use of all members
5of the association and all unit owners. The association shall
6develop appropriate terms of use for the electric vehicle
7charging station.
8    (h) An association may create a new parking space where
9one did not previously exist to facilitate the installation of
10an electric vehicle charging station.
11    (i) An association that willfully violates this Section is
12liable to the unit owner for actual damages and shall pay a
13civil penalty to the unit owner in an amount not to exceed
14$1,000.
15    (j) In an action by a unit owner requesting to have an
16electric vehicle charging station installed and seeking to
17enforce compliance with this Section, the court shall award
18reasonable attorney's fees to the prevailing plaintiff.
19    (k) For purposes of this Section:
20    "Electric vehicle charging station" means a station that
21delivers electricity from a source outside an electric vehicle
22into one or more electric vehicles. "Electric vehicle charging
23station" may include several charge points simultaneously
24connecting several electric vehicles to the station and any
25related equipment needed to facilitate charging plug-in
26electric vehicles.

 

 

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1    "Reasonable restrictions" means restrictions that do not
2significantly increase the cost of the station or
3significantly decrease its efficiency or specified
4performance.
 
5    (765 ILCS 160/1-72 new)
6    Sec. 1-72. Electric vehicle dedicated TOU meters.
7    (a) Any covenant, restriction, or condition contained in
8any deed, contract, security instrument, or other instrument
9affecting the transfer or sale of any interest in a common
10interest community and any provision of a community instrument
11that either effectively prohibits or unreasonably restricts
12the installation or use of an electric vehicle dedicated TOU
13meter or is in conflict with this Section is void and
14unenforceable.
15    (b) This Section does not apply to provisions that impose
16reasonable restrictions on the installation of an electric
17vehicle dedicated TOU meter. However, it is the policy of this
18State to promote, encourage, and remove obstacles to the
19effective installation of an electric vehicle dedicated TOU
20meter.
21    (c) An electric vehicle dedicated TOU meter shall meet
22applicable health and safety standards and requirements
23imposed by State and local authorities and all other
24applicable zoning, land use, or other ordinances or land use
25permits.

 

 

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1    (d) If approval is required for the installation or use of
2an electric vehicle dedicated TOU meter, the application for
3approval shall be processed and approved by the association in
4the same manner as an application for approval of an
5architectural modification to the property, and shall not be
6willfully avoided or delayed. The approval or denial of an
7application shall be in writing. If an application is not
8denied in writing within 60 days from the date of receipt of
9the application, the application shall be deemed approved
10unless the delay is the result of a reasonable request for
11additional information.
12    (e) If the electric vehicle dedicated TOU meter is to be
13placed in a common area or an exclusive use common area, as
14designated in the common interest community's bylaws, the
15following applies:
16        (1) The unit owner shall first obtain approval from
17    the association to install the electric vehicle dedicated
18    TOU meter and the association shall approve the
19    installation if the unit owner agrees in writing to:
20            (i) comply with the association's architectural
21        standards for the installation of the electric vehicle
22        dedicated TOU meter; and
23            (ii) engage the relevant electric utility to
24        install the electric vehicle dedicated TOU meter and,
25        if necessary, a licensed contractor to install the
26        wiring or conduit necessary to connect the electric

 

 

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1        meter to an electric vehicle charging station, as
2        defined in Section 1-71.
3        (2) The unit owner, and each successive unit owner, of
4    an electric vehicle dedicated TOU meter shall be
5    responsible for:
6                (i) costs for damage to the electric vehicle
7            dedicated TOU meter, common area, exclusive use
8            common area, or separate interests resulting from
9            the installation, maintenance, repair, removal, or
10            replacement of the electric vehicle dedicated TOU
11            meter;
12                (ii) costs for the maintenance, repair, and
13            replacement of the electric vehicle dedicated TOU
14            meter until it has been removed and for the
15            restoration of the common area after removal; and
16                (iii) disclosing to prospective unit owners
17            the existence of any electric vehicle dedicated
18            TOU meter of the unit owner and the related
19            responsibilities of the unit owner under this
20            Section.
21    (f) The association may install an electric vehicle
22dedicated TOU meter in the common area for the use of all
23members of the association and all unit owners. The
24association shall develop appropriate terms of use for the
25electric vehicle dedicated TOU meter.
26    (g) An association that willfully violates this Section is

 

 

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1liable to the unit owner for actual damages and shall pay a
2civil penalty to the unit owner in an amount not to exceed
3$1,000.
4    (h) In an action by a unit owner requesting to have an
5electric vehicle dedicated TOU meter installed and seeking to
6enforce compliance with this Section, the court shall award
7reasonable attorney's fees to the prevailing plaintiff.
8    (i) For purposes of this Section:
9    "Electric vehicle dedicated TOU meter" means an electric
10meter supplied and installed by an electric utility that is
11separate from, and in addition to, any other electric meter
12and is devoted exclusively to the charging of electric
13vehicles, and that tracks the time of use (TOU) when charging
14occurs. "Electric vehicle dedicated TOU meter" includes any
15wiring or conduit necessary to connect the electric meter to
16an electric vehicle charging station, as defined in Section
171-71, regardless of whether it is supplied or installed by an
18electric utility.
19    "Reasonable restrictions" means restrictions based upon
20space, aesthetics, structural integrity, and equal access to
21electric vehicle dedicated TOU meter services for all unit
22owners. "Reasonable restrictions" does not include an
23association's refusal to find a reasonable way to accommodate
24the installation request unless the association would need to
25incur an expense.