Maryland Right to Charge in a Deeded or Assigned Parking Space

Maryland wrote its right to charge twice so that neither statutory regime could be read to exclude it. Real Property § 11B-111.8 governs homeowners associations under the Maryland Homeowners Association Act, and Real Property § 11-111.4 governs condominiums under the Maryland Condominium Act. The two sections are almost word for word identical, differing only where the condominium version has to speak in terms of unit owners, common elements, and limited common elements. Section 11B-111.8(a) simply adopts the definition from § 11-111.4, which defines electric vehicle recharging equipment as property in the State used for recharging vehicles propelled by electricity, including motor vehicles and electric bicycles. An e-bike charging setup in a Maryland townhouse driveway is therefore covered by the same statute as a Level 2 car charger.

The protected location is narrow and it is the first thing to check. Subsection (b)(2) voids a restriction only insofar as it prohibits or unreasonably restricts installation or use in "a lot owner's deeded parking space or a parking space that is specifically designated for use by a particular owner." A Maryland owner with a deeded driveway, a deeded garage bay, or a numbered space assigned to their lot has the right. An owner who parks in a first-come general lot does not, and the association may decline entirely.

Approval procedure is where the statute has teeth. Subsection (c)(1) requires the governing body to process and review the application in the same manner as an application to approve an architectural modification to a dwelling, and (c)(2) forbids willfully avoiding or delaying that review. Subsection (c)(3) sets the deadline: if the application is not denied in writing within 60 days after the governing body receives it, the application is deemed approved, unless the delay results from a reasonable request for additional information. Subsection (c)(4) requires the approval or denial itself to be in writing. A Maryland board that simply never answers loses.

Subsection (d)(1) makes approval mandatory once two conditions are met. The installation must not unreasonably impede normal use of an area outside the owner's parking space and must be reasonably possible; and the owner must agree in writing to comply with all relevant building codes and safety standards that maintain the safety of all users of the common area and with the development's architectural standards, to engage a licensed contractor to do the installation, and to pay for the electricity used by the separately metered equipment. Read together with (b), an association that satisfies itself on those points has no discretion left to refuse.

The money runs entirely to the owner, and it follows the equipment. Under subsection (d)(2), the lot owner and each successive owner of the equipment is responsible for installation costs; for costs of damage to the equipment or the common area resulting from installation, maintenance, repair, removal, or replacement; for maintenance, repair, and replacement costs until the equipment is removed; for removal costs and restoration of the common area if the owner takes it out; and for the electricity. Insurance is handled by subsection (g): before installation the owner must either provide a certificate of insurance naming the association as an additional insured or reimburse the association for the increased premium attributable to the equipment, and that coverage must be maintained as long as the equipment and its appurtenances are installed.

Two administrative points close the loop. Subsection (e) makes clear that association approval is not a substitute for government approval: the lot owner must still obtain any permit or approval required by the county or municipal corporation where the development is located, which in Maryland means a county electrical permit and inspection for a hardwired Level 2 circuit. Subsection (f) lets the governing body grant a license for up to 3 years, renewable at its discretion, on any common element needed for the installation or for supplying electricity to the equipment. In the condominium version, § 11-111.4(f) grants that licensing power notwithstanding § 11-125, the condominium provision on granting interests in common elements.

The statute's primary remedy is self-executing. 8, or that effectively prohibits or unreasonably restricts charging equipment in a qualifying space, is "void and unenforceable" under subsection (b), so it cannot support architectural enforcement in the first place. The other automatic remedy is the 60-day rule in subsection (c)(3): silence past 60 days converts the application into an approval, and a later denial letter has no effect. 10 controls the process, requiring a written cease-and-desist demand with at least 15 days to abate, then written notice of the right to a hearing with at least 10 days to request one, a hearing at which the owner may present evidence and cross-examine witnesses, and minutes recording the result.

10(c) allows a lot owner to sue for damages or injunctive relief with counsel fees to the prevailing party. Real Property § 11B-115(c) also puts a Title 11B violation within the enforcement duties and powers of the Division of Consumer Protection of the Office of the Attorney General under Title 13 of the Commercial Law Article. 8(d)(1)(ii) required as the price of approval.