It will become easier to install electric vehicle charging stations on condo properties in Ontario starting this spring. Two out of five regulatory proposals put forward for public feedback last fall have received the green light for implementation May 1.
As adopted, the changes will relax requirements under the Condominium Act to provide notification and secure approval to alter corporation assets or common elements for the purpose of installing electric vehicle charging stations.
Condo corporations will have to wait as few as 60 days after notifying owners to proceed with plans to install electric vehicle charging stations. For corporations to bypass the possibility of owners requisitioning a meeting to put this type of proposal to a vote, the estimated cost of the installation can’t exceed a certain amount (10 per cent of the annual common expenses budgeted for the current fiscal year) and the installation can’t, in the board’s reasonable opinion, be expected to be seen by owners to materially interfere with the enjoyment of their units or corporation assets or common elements.
Condo corporations will also be expected to respond to owner requests to install electric vehicle charging stations within 60 days and approve applications that satisfy certain conditions. There will be limited grounds for rejecting this type of application, such as if a qualified professional is of the opinion that it carries the serious risk of damaging property or harming people.
Provided it won’t saddle the owner with unreasonable extra costs, the corporation will have the leeway to ask the owner to alter the method or location of the installation to comply with its governing documents or prevent material interference with owners’ enjoyment of the property. Corporations will have another 90 days after approving applications to install electric vehicle charging stations to enter into agreements with owners setting out the terms of the arrangement, such as who is responsible for costs and maintenance.
The regulatory changes appear to abandon proposals that would have made it easier for owners to swap parking spaces to access electric vehicle charging stations; enabled a certain number or percentage of owners to request electric vehicle charging stations to be installed in common element parking spaces; and let corporations put reserve funds toward the cost of electrical capacity upgrades needed to support the installation of electric vehicle charging stations.
Condo corporations will have to use updated status certificate and status certificate in amalgamation forms that reflect the new rules around installing electric vehicle charging stations on condo properties starting May 1. A plain language guide to recent reforms to Ontario’s condo laws has also been updated with information about these latest regulatory changes.