Colorado Statewide Rule
Colorado EV Charging Station Rights and HOA Preemption
Key Facts
- Statute
- CRS 38-33.3-106.8
- HOA bans
- Void and unenforceable
- Owner duties
- Permits, code compliance, insurance
- Remedies
- Injunctions plus attorney fees
Summary
Colorado law prohibits HOAs and common-interest communities from banning electric vehicle charging stations and protects owners' rights to install them on their property.
(2) Notwithstanding any provision in the declaration, bylaws, or rules and regulations of the association to the contrary, and except as provided in subsection (3) or (3.5) of this section, an association shall not: (a) Prohibit a unit owner from using, or installing at the unit owner's expense for the unit owner's own use, a level 1 or level 2 electric vehicle charging system on or in: (I) A unit; (II) An assigned or deeded parking space that is part of or assigned to a unit; or (III) A parking space that is accessible to both the unit owner and other unit owners;
Full Breakdown
Under CRS 38-33.3-106.8, HOA covenants and rules cannot effectively prohibit or restrict installation or use of an EV charging system on a unit owner's property or limited common element. The association may impose reasonable aesthetic and safety standards but cannot impose unreasonable cost or delay. Owners must comply with applicable building codes, obtain permits, use licensed electricians, and maintain insurance. The statewide policy applies regardless of conflicting HOA documents recorded before or after the law's effective date.
Violations & Penalties
HOAs that violate the statute may face injunctive relief, damages, and attorney fees in private actions brought by aggrieved owners.
Frequently Asked Questions
Can my Colorado HOA stop me from installing a Level 2 EV charger?
Do I need permits for a home EV charger in Colorado?
Who pays for the EV charger installation?
Sources
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