765 ILCS 1085/30

(765 ILCS 1085/30)

Sec. 30. Electric vehicle charging system policy for unit owners.

(a) Any covenant, restriction, or condition contained in any deed, contract, security interest, or other instrument affecting the transfer or sale of any interest in a condominium or common interest community, and any provision of a governing document that effectively prohibits or unreasonably restricts the installation or use of an electric vehicle charging system within a unit owner's unit or a designated parking space, including, but not limited to, a deeded parking space, a parking space in a unit owner's exclusive use common area, or a parking space that is specifically designated for use by a particular unit owner, or is in conflict with this Section, is void and unenforceable.

(b) This Section does not apply to provisions that impose a reasonable restriction on an electric vehicle charging system. Any electric vehicle charging system installed by a unit owner pursuant to this Section is the property of that unit owner and in no case will be deemed a part of the common elements or common area.

(c) An electric vehicle charging system shall meet applicable health and safety standards and requirements imposed by State and local authorities and all other applicable zoning, land use, or other ordinances or land use permits.

(d) If approval is required for the installation or use of an electric vehicle charging system, the association shall process and approve the application in the same manner as an application for approval of an alteration, modification, or improvement to common elements or common areas or an architectural modification to the property, and the association shall not unreasonably delay the approval or denial of the application. 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 the receipt of the application, the application shall be deemed approved unless the delay is the result of a reasonable request for additional information.

(e) If the electric vehicle charging system is to be placed in a common area or exclusive use common area, as designated by the condominium or common interest community association, the following applies:

(1) The unit owner shall first obtain prior written approval from the association to install the electric vehicle charging system and the association shall approve the installation if the unit owner agrees, in writing, to:

(A) comply with the association's architectural standards or other reasonable conditions and restrictions for the installation of the electric vehicle charging system;

(B) engage a licensed and insured electrical contractor to install the electric vehicle charging system. The electrical contractor shall name the association, its officers, directors, and agents as additional insured and shall provide a certificate of insurance to the association evidencing such additional insured status;

(C) within 14 days after approval, provide a certificate of insurance that names the association, its officers, directors, and agents as an additional insured party under the unit owner's insurance policy as required under paragraph (3);

(D) pay for both the costs associated with the installation of and the electricity usage associated with the electric vehicle charging system; and

(E) be responsible for damage to the common elements or common areas or other units resulting from the installation, use, and removal of the electric vehicle charging system.

(2) The unit owner, and each successive unit owner of the electric vehicle charging system, is responsible for:

(A) costs for damage to the electric vehicle charging system, common area, exclusive use common area, or separate interests resulting from the installation, maintenance, repair, removal, or replacement of the electric vehicle charging system;

(B) costs for the maintenance, repair, and replacement of the electric vehicle charging system until it has been removed, and for the restoration of the common area after removal;

(C) costs of electricity associated with the charging system, which shall be based on:

(i) an embedded submetering device; or

(ii) a reasonable calculation of cost, based on the average miles driven, efficiency of the electric vehicle calculated by the United States Environmental Protection Agency, and the cost of electricity for the common area; and

(D) disclosing to a prospective buyer the existence of any electric vehicle charging system of the unit owner and the related responsibilities of the unit owner under this Section.

(3) The purpose of the costs under paragraph (2) is for the reasonable reimbursement of electricity usage and shall not be set to deliberately exceed the reasonable reimbursement.

(4) The unit owner of the electric vehicle charging system, whether the electric vehicle charging system is located within the common area or exclusive use common area, shall, at all times, maintain a liability coverage policy. The unit owner that submitted the application to install the electric vehicle charging system shall provide the association with the corresponding certificate of insurance within 14 days after approval of the application. The unit owner, and each successive unit owner, shall provide the association with the certificate of insurance annually thereafter.

(5) A unit owner is not required to maintain a homeowner liability coverage policy for an existing National Electrical Manufacturers Association standard alternating current power plug.

(f) Except as provided in subsection (g), the installation of an electric vehicle charging system for the exclusive use of a unit owner in a common area that is not an exclusive use common area may be authorized by the association, subject to applicable law, only if installation in the unit owner's designated parking space is impossible or unreasonably expensive. In such an event, the association shall enter into a license agreement with the unit owner for the use of the space in a common area, and the unit owner shall comply with all of the requirements in subsection (e).

(g) An association may install an electric vehicle charging system in the common area for the use of all unit owners and members of the association. The association shall develop appropriate terms of use for the electric vehicle charging system.

(h) An association that willfully violates this Section shall be liable to the unit owner for actual damages and shall pay a civil penalty to the unit owner not to exceed $500.

(i) In any action by a unit owner requesting to have an electric vehicle charging system installed and seeking to enforce compliance with this Section, the court shall award reasonable attorney's fees to a prevailing party.

(Source: P.A. 103-53, eff. 1-1-24.)