California Statewide Rule
California HOAs Cannot Block EV Chargers
Key Facts
- Governing law
- Civil Code § 4745
- Deadline to deny in writing
- 60 days, or deemed approved
- Insurance certificate due
- Within 14 days of approval
- Install & electricity costs
- Paid by the owner
- Willful-violation penalty
- Up to $1,000 civil penalty
- Prevailing homeowner in court
- Recovers attorney's fees
- Last amended
- SB 770, effective Jan. 1, 2026
Summary
Civil Code § 4745 voids any HOA covenant or governing-document rule that prohibits or unreasonably restricts installing an EV charging station in an owner's unit or designated parking space. Associations must process a charger application like an architectural modification, and a request not denied in writing within 60 days is deemed approved.
(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...that either effectively prohibits or unreasonably restricts the installation or use of an electric vehicle charging station within an owner's unit or in a designated parking space...is void and unenforceable. (b)(2) ..."reasonable restrictions" are restrictions that do not significantly increase the cost of the station or significantly decrease its efficiency or specified performance. (e) ...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... (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).
Full Breakdown
An HOA in California cannot simply say no to an electric vehicle charging station. Civil Code § 4745(a) makes void and unenforceable any deed restriction, CC&R, or governing-document provision that effectively prohibits or unreasonably restricts a charger in an owner's unit or designated parking space, including a deeded space or exclusive-use common area space. The association may impose only 'reasonable restrictions,' defined in subdivision (b)(2) as ones that do not significantly raise the station's cost or cut its efficiency, and the charger must still meet state and local health, safety, and zoning standards under subdivision (c).
(e)). (f)(2)). (f)(4)). (g)). 1, applies the identical void-restriction and 60-day deemed-approval rules to a dedicated EV time-of-use utility meter. Section 4745 was last amended by Stats. 2025, Ch. 525 (SB 770), effective January 1, 2026.
Violations & Penalties
An association that willfully violates Section 4745, such as stalling or denying a compliant application without cause, owes the applicant actual damages plus a civil penalty of up to $1,000 under subdivision (j). A homeowner who sues to enforce the section and wins is entitled to reasonable attorney's fees under subdivision (k), which shifts the litigation cost risk onto the board.
Frequently Asked Questions
Can my HOA reject my EV charger request?
What happens if the board never responds?
Who pays for the charger and the electricity it uses?
What can I recover if the HOA stalls or refuses illegally?
Does this law also cover my electric meter for the charger?
Sources
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