The introduction of the 2018 electric vehicle (EV) regulations in Ontario has brought significant changes to the condominium landscape, particularly regarding the installation of electric vehicle charging stations. These regulations are designed to simplify the process for condominium corporations and unit owners, but one important question remains: when can a condominium corporation reject a unit owner’s application for an EV charging station?
In this blog, we’ll explore the strict criteria under which a condominium corporation can refuse an application, as well as the circumstances that can lead to such rejections.
When Can a Condominium Corporation Reject an Application for Electric Vehicle Charging?
The Strong Bias Toward Approval
First and foremost, it's essential to understand that the 2018 EV regulations were designed with a clear shift in favor of approving applications. Under the previous Section 98 of the Condominium Act, boards had broad discretionary power to approve or deny applications, often leading to uncertainty and frustration among unit owners. The new regulations aim to remove these barriers and make it easier for owners to install EV charging stations.
Now, condominium corporations are required to approve applications in most cases. Rejections can only occur under specific circumstances, particularly when safety, legal compliance, or the building’s integrity is at risk.
Circumstances for Rejection: Safety and Legal Concerns
The most common reason a condominium corporation can reject an application is if the proposed installation is deemed unsafe. This typically requires a report from a qualified professional, such as an engineer, who confirms that the proposed installation could:
Endanger the safety of the building or its residents.
Adversely affect the structural integrity of the building.
Violate the electrical safety code or other applicable legislation.
If a qualified professional provides a report that highlights any of these concerns, the condominium corporation has a valid reason to reject the application. The key here is that the rejection must be backed by concrete evidence and expert opinion, not just a board member’s subjective judgment.
What Happens After Rejection?
In the case of a rejection, the condominium corporation is required to provide the unit owner with a copy of the professional report. This ensures that the decision is transparent and based on solid reasoning. While rejection is rare, it’s crucial that the process is handled properly to avoid disputes.
Rejection Due to Interference with Other Residents
Another situation where rejection may be possible is when the proposed charging station could interfere with the use and enjoyment of the property by other residents. For example, if the installation obstructs common areas, creates noise, or otherwise negatively impacts other unit owners, the condominium corporation may refuse the application.
However, even in these cases, the corporation must be able to show that the installation would indeed cause disruption. Furthermore, if there is an issue with the proposed location or method, the corporation can request changes rather than outright rejection, as long as the requested modifications don’t add unreasonable costs.
How to Minimize Rejections: Pre-Approved Specifications
To reduce the chances of an application being rejected, condominium corporations can adopt pre-approved specifications and installation agreements. By doing so, they streamline the approval process, allowing unit owners to submit applications that are more likely to be approved. These documents should be clear, outlining requirements for installation, maintenance, and safety, ensuring that applications meet the condo’s standards.
Further Resources: Rejecting an Application
Our blog also offers a wealth of information on relevant condo law topics, making it a valuable resource for property managers and boards alike. Or, explore Stak’d, our library with over 10,000 hand-curated condo-related resources for additional summaries and tools, or dive deeper into our blog for more detailed discussions on topics that matter to you and your community.
Rejecting an Application for EV Charging in Condos
While the 2018 EV regulations make it easier for unit owners to install charging stations in their units, the possibility of rejection still exists. Condominium corporations are empowered to reject applications if they pose safety concerns or violate legal requirements, but these instances are rare and typically require expert documentation. By adopting proactive policies and utilizing pre-approved specifications, condominium boards can ensure a smoother process for unit owners and reduce the likelihood of rejections.
By following these guidelines, condo managers and boards can efficiently navigate the process of EV charging station installations, ensuring that the needs of both the building and the residents are met in a fair and structured manner.
-Stratastic Inc.
Need a legal perspective on EV Charging? Find condo lawyers on our vendor directory, My Condo Vendor.
P.S. Subscribe now for more insights like these, into all things Condoland!
Comments