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Commercial and Industrial Common Interest Development Act

Part 5.3  Common Interest Developments

Chapter 5.  Governing Documents

Article 1.  Protected Uses

§6713.
Electric Vehicle Charging Stations

(a) 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 development, and any provision of a governing document, as defined in Section 6552, that either effectively prohibits or unreasonably restricts the installation or use of an electric vehicle charging station in an owner's designated parking space, including, but not limited to, a deeded parking space, a parking space in an owner's exclusive use common area, or a parking space that is specifically designated for use by a particular owner, or is in conflict with the provisions of this section is void and unenforceable.

(b) (1) This section does not apply to provisions that impose reasonable restrictions on electric vehicle charging stations. However, it is the policy of the state to promote, encourage, and remove obstacles to the use of electric vehicle charging stations.

(2) For purposes of this section, "reasonable restrictions" are restrictions that do not significantly increase the cost of the station or significantly decrease its efficiency or specified performance.

(c) An electric vehicle charging station 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) For purposes of this section, "electric vehicle charging station" means a station that is designed in compliance with the California Building Standards Code and delivers electricity from a source outside an electric vehicle into one or more electric vehicles. An electric vehicle charging station may include several charge points simultaneously connecting several electric vehicles to the station and any related equipment needed to facilitate charging plug-in electric vehicles.

(e) If approval is required for the installation or use of an electric vehicle charging station, 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, and shall not be willfully avoided or delayed. 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 receipt of the application, the application shall be deemed approved, unless that delay is the result of a reasonable request for additional information.

(f) If the electric vehicle charging station is to be placed in a common area or an exclusive use common area, as designated in the common interest development's declaration, the following provisions apply:

(1) The owner first shall obtain approval from the association to install the electric vehicle charging station and the association shall approve the installation if the owner agrees in writing to do all of the following:

(A) Comply with the association's architectural standards for the installation of the charging station.

(B) Engage a licensed contractor to install the charging station.

(C) Within 14 days of approval, provide a certificate of insurance that names the association as an additional insured under the owner's insurance policy in the amount set forth in paragraph (3).

(D) Pay for the electricity usage associated with the charging station.

(2) The owner and each successive owner of the charging station shall be responsible for all of the following:

(A) Costs for damage to the charging station, common area, exclusive use common area, or separate interests resulting from the installation, maintenance, repair, removal, or replacement of the charging station.

(B) Costs for the maintenance, repair, and replacement of the charging station until it has been removed and for the restoration of the common area after removal.

(C) The cost of electricity associated with the charging station.

(D) Disclosing to prospective buyers the existence of any charging station of the owner and the related responsibilities of the owner under this section.

(3) The owner and each successive owner of the charging station, at all times, shall maintain a liability coverage policy in the amount of one million dollars ($1,000,000), and shall name the association as a named additional insured under the policy with a right to notice of cancellation.

(4) An owner shall not be required to maintain a liability coverage policy for an existing National Electrical Manufacturers Association standard alternating current power plug.

(g) Except as provided in subdivision (h), installation of an electric vehicle charging station for the exclusive use of an owner in a common area, that is not an exclusive use common area, shall be authorized by the association only if installation in the owner's designated parking space is impossible or unreasonably expensive. In such cases, the association shall enter into a license agreement with the owner for the use of the space in a common area, and the owner shall comply with all of the requirements in subdivision (f).

(h) The association or owners may install an electric vehicle charging station in the common area for the use of all members of the association and, in that case, the association shall develop appropriate terms of use for the charging station.

(i) An association may create a new parking space where one did not previously exist to facilitate the installation of an electric vehicle charging station.

(j) An association that willfully violates this section shall be liable to the applicant or other party for actual damages, and shall pay a civil penalty to the applicant or other party in an amount not to exceed one thousand dollars ($1,000).

(k) In any action to enforce compliance with this section, the prevailing plaintiff shall be awarded reasonable attorney's fees.

Commercial and Industrial
Common Interest Developments
Part 5.3  Commercial and Industrial Common Interest Developments
Chapter 1. General Provisions
Article 1. Preliminary Provisions
§ 6500.Citation
§ 6502.Headings
§ 6505.Effect of Act on Documents or Actions Before January 1, 2014
§ 6510.Construction of Zoning Ordinances
§ 6512.Delivery of Documents to the Association
§ 6514.Individual Delivery or Individual Notice
§ 6518.Completion of Delivery
§ 6520.Electronic Delivery
§ 6522.Approval of Majority Vote
§ 6524.Approval of a Majority of a Quorum
Article 2. Definitions
§ 6526.Definitions
§ 6528.Association
§ 6530.Board
§ 6531.Commercial or Industrial Common Interest Development
§ 6532.Common Area
§ 6534.Common Interest Development
§ 6540.Condominium Plan
§ 6542.Condominium Project
§ 6544.Declarant
§ 6546.Declaration
§ 6548.Director
§ 6550.Exclusive Use Common Area
§ 6552.Governing Documents
§ 6553.Individual Notice
§ 6554.Member
§ 6560.Person
§ 6562.Planned Development
§ 6564.Separate Interest
§ 6566.Stock Cooperative
Chapter 2. Application of Act
§ 6580.Creation of Common Interest Development
§ 6582.Application of Act
Chapter 3. Governing Documents
Article 1. General Provisions
§ 6600.Controlling Authority
§ 6602.Liberal Construction of Documents
§ 6604.Boundaries of Unit
§ 6606.Discriminatory Restrictive Covenants
§ 6608.Amendment of Governing Documents for Certain Declarant Provisions
§ 6610.Amendment of Governing Documents to Reflect Changes in the Davis-Stirling Common Interest Development Act
Article 2. Declaration
§ 6614.Contents of Declaration
§ 6616.Permissible Amendment of Declaration
§ 6618.Extension of Term of Declaration
§ 6620.Amendment of Declaration; Procedure
Article 3. Articles of Incorporation
§ 6622.Articles of Incorporation
Article 4. Condominium Plan
§ 6624.Condominium Plan, Requirements
§ 6626.Certification Consenting to Recordation of Condominium Plan
§ 6628.Amendment of Revocation of Condominium Plan
Article 5. Operating Rules
§ 6630.Operation Rule, Definition
§ 6632.Validity of Operating Rules
Chapter 4. Ownership and Transfer of Interests
Article 1. Ownership Rights and Interests
§ 6650.Ownership of Common Area
§ 6652.Common Area Rights and Easements
§ 6654.Access to Owners' Separate Interest
Article 2. Restrictions on Transfers
§ 6656.Restrictions on Common Area Partition
§ 6658.Liens for Labor and Materials
Article 3. Transfer of Separate Interest
§ 6662.Transfer of Separate Interest in a Condominium Project
§ 6664.Transfer of Separate Interest in a Planned Development
§ 6666.Transfer of Separate Interest in a Stock Cooperative
§ 6668.Transfer of Exclusive Use Area
§ 6670.Restriction on Partition
Chapter 5. Property Use and Maintenance
Article 1. Protected Uses
§ 6700.Limitations of Regulation of Separate Interest
§ 6702.Display of Flag of the United States of America
§ 6704.Sign Restrictions
§ 6706.Pet Restrictions
§ 6708.Antenna and Satellite Restrictions
§ 6710.Marketing Restrictions
§ 6712.Low Water-Using Plants and Landscaping Restrictions
§ 6713.Electric Vehicle Charging Stations
Article 2. Modification of Separate Interest
§ 6714.Modification of Separate Interest
§ 6716.Association Responsibility for Repair, Replacement or Maintenance of Common Area
§ 6718.Damage by Wood-Destroying Pest or Organisms
§ 6720.Treatment of Wood-Destroying Pests or Organisms; Notice of Removal of Occupants
§ 6722.Access for Maintenance of Telephone Wiring
Chapter 6. Association Governance
Article 1. Association Existence and Powers
§ 6750.CID to be Managed by Association
§ 6752.Powers of Association
Article 2. Record Keeping
§ 6756.Request to Change Member's Information on Membership List
Article 3. Conflict of Interest
§ 6758.Director Conflict of Interest
Article 4. Government Assistance
§ 6760.Identification of Commercial or Industrial Common Interest Developments
Chapter 7. Assessments and Assessment Collection
Article 1. Establishment and Imposition of Assessments
§ 6800.Levy of Assessments
§ 6804.Assessment Exemption from Judgment
Article 2. Assessment Payment and Delinquency
§ 6808.Assessment Debt of Owner of Separate Interest
§ 6810.Receipt of Assessment; Over Night Mailing Address
§ 6812.Notice of Lien
§ 6814.Notice of Delinquent Assessment
§ 6816.Priority of Lien
§ 6818.Release of Lien; Lien Recorded in Error
§ 6819.Failure to Comply; Requirement to Recommence Notice
Article 3. Assessment Collection
§ 6820.Enforcement of Lien
§ 6822.Sale by Trustee
§ 6824.Monetary Charges and Monetary Penalties
§ 6826.Limitation on Assignment of Right to Collect
§ 6828.Application of Article to Lien Recorded on or After January 1, 2014
Chapter 8. Insurance and Liability
§ 6840.Association Insurance Coverage
Chapter 9. Dispute Resolution and Enforcement
Article 1. Disciplinary Action
§ 6850.Disciplinary Actions and Monetary Charges Imposed by Board
§ 6854.Authority of Board to Impose Monetary Penalties
Article 2. Civil Actions
§ 6856.Enforcement of Governing Documents
§ 6858.Association Standing
§ 6860.Allocation of Damages
Chapter 10. Construction Defect Litigation
§ 6870.Design or Construction Defects; Pre-filing Procedure
§ 6874.Resolution of Design or Construction Defect Dispute; Disclosure to Members
§ 6876.Pre-filing Notice to Members
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