General

HOA Removed charger, is this legal?

Our HOA just removed a car charger we relay on to charge our car, it has been there for over 4 years. It was
connected to power paid for by the HOA and someone complained about this and now they have removed it. It seems like this would not be legal, people rely on this for transportation and they gave no warning that this was going to be done. Wondering if anyone knows if there is any legal action that can be taken?
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Comments

  • Did you sign a HOA, rental, lease, or, purchase agreement that states you would receive EV charging access, free charging, or, charging included in your dues?

    If not, you probably do not have any legal options against the HOA.

    You'd have to ask a lawyer to be certain.
  • I imagine you will have to start with a review of your CC&Rs.

    HOAs are like the plague: best avoided.
  • Agree with TabascoGuy. You need a valid contract with the HOA for it to be actionable. Other than that, there is no law that requires them to provide you with a charging station.
  • Was the HOA the ones that installed the charger? If so they probably have the right to remove it. Mine took away a putting green and turned it into a playground, and took away the basketball court and made it into a hopscotch and shuffleboard area.
    If they were paying for the electricity it might have been a cost cutting measure. Check the board meeting minutes to see when and why it was approved in the first place and why it was voted to be removed.
    If you installed it yourself then they should give you the charger back, but then if you were mooching off of their electricity without them knowing, then it should have been removed and you will probably be issued a citation or charged with theft.
  • > @mj662_98188639 said: > someone complained about this..

    Probably talk to the person who complained first to see what their issue was with the charger. Sounds like there was some issues and the board sided with them. Until you address the problem the other owners had, you won't be able to talk board into installing chargers.

    What is the distribution of Tesla and other chargers in the area? Look at Plugshare for that that info.
  • It was only a matter of time.

    I was going to suggest that OP close their eyes, click their heels three times, and, say "There's no troll like Fish, there's no troll like Fish, there's no troll like Fish".
  • And then they just randomly appeared, desperate for some interaction, ANY interaction in whatever form whatsoever...

    Sad really because it's so damn pathetic.
  • This is why if you are in an HOA that you stay at least somewhat involved so you know what is going on. If it was the HOA's charger, they did not just remove it all of a sudden. There was at least 1 meeting where it was brought up, more likely multiple meetings. First meeting to bring it up, second meeting after quotes received to select a contractor.

    HOA's are evil! In Northern Virginia however, it is hard to find a non-HOA neighborhood. HOA's and high density housing are by design up here.
  • derotam,
    No meetings!
    The person complained, the HOA board's response to the complaint was to deny the charger was a community charger hoping they would stop complaining. So basically their plan was to lie and deceive, a bunch of ignorant cowards. So if they would have held an official meeting it would have been admitting they lied. The complainer obviously did not believe them and kept pressing them and instead of doing something intelligent like offering them the money back for any electricity they would have paid (my calculation is about 6¢ a month) they pulled the charger! we have over 500 units and 2 people who use the charger.

    The HOA is a complete joke, I asked to install my own charger years ago when I first bought my Tesla because of a program from the electrical company to cover costs for a new charger, the HOA board took so long to make a decision the EV charger program ended.

    It is so frustrating to me that this can happen, to be removing chargers is the absolute wrong direction. People are just too blind to see that we are moving toward an EV world, and the idiots who are ideologically against this will be needing a charger themselves in the coming years.

    if I did not believe so strongly in EVs and saved my money I could have purchased a house but instead, I have a tesla and am living in a tiny condo run by idiots! Or is it me who is the idiot thinking I can make a difference!

    There really needs to be a change to the laws to restrict the removal of chargers in situations like this. All the government incentives to install chargers and one complaint and they rip it out! The charger was originally installed because CA had incentives to do so.

    > @derotam said:
    > This is why if you are in an HOA that you stay at least somewhat involved so you know what is going on. If it was the HOA's charger, they did not just remove it all of a sudden. There was at least 1 meeting where it was brought up, more likely multiple meetings. First meeting to bring it up, second meeting after quotes received to select a contractor.
    >
    > HOA's are evil! In Northern Virginia however, it is hard to find a non-HOA neighborhood. HOA's and high density housing are by design up here.
    >
  • > @Tesla2018 said:
    > Was the HOA the ones that installed the charger? If so they probably have the right to remove it. Mine took away a putting green and turned it into a playground, and took away the basketball court and made it into a hopscotch and shuffleboard area.
    > If they were paying for the electricity it might have been a cost cutting measure. Check the board meeting minutes to see when and why it was approved in the first place and why it was voted to be removed.
    > If you installed it yourself then they should give you the charger back, but then if you were mooching off of their electricity without them knowing, then it should have been removed and you will probably be issued a citation or charged with theft.

    This was not a "putting green" or "basketball court" it was a charger I and my wife rely on for transportation!
    no "cost cutting" measures, it was someone ideologically opposed to EVs, believe it or not, there are a lot of people out there who hate what EVs stand for and I think I know who this person is, it is my fault for letting him know that there was a community charger.
    We have over 500 units here and our landscape budget is $600,000 a year! The charger would cost less than ¢06 a month with my calculations.

    So frustrating that this could happen, I always looked at the charger as a way to hopefully bring in more EV owners but the luddites seemed to have won this battle!

    How can CA offer so many incentives to install chargers but nothing to protect them from being ripped out at the slightest complaint??
  • Condo with no garage?
  • > @mj662_98188639 said:
    > derotam,
    > No meetings!
    > The person complained, the HOA board's response to the complaint was to deny the charger was a community charger hoping they would stop complaining. So basically their plan was to lie and deceive, a bunch of ignorant cowards. So if they would have held an official meeting it would have been admitting they lied. The complainer obviously did not believe them and kept pressing them and instead of doing something intelligent like offering them the money back for any electricity they would have paid (my calculation is about 6¢ a month) they pulled the charger! we have over 500 units and 2 people who use the charger.
    >
    > The HOA is a complete joke, I asked to install my own charger years ago when I first bought my Tesla because of a program from the electrical company to cover costs for a new charger, the HOA board took so long to make a decision the EV charger program ended.
    >
    > It is so frustrating to me that this can happen, to be removing chargers is the absolute wrong direction. People are just too blind to see that we are moving toward an EV world, and the idiots who are ideologically against this will be needing a charger themselves in the coming years.
    >
    > if I did not believe so strongly in EVs and saved my money I could have purchased a house but instead, I have a tesla and am living in a tiny condo run by idiots! Or is it me who is the idiot thinking I can make a difference!
    >
    > There really needs to be a change to the laws to restrict the removal of chargers in situations like this. All the government incentives to install chargers and one complaint and they rip it out! The charger was originally installed because CA had incentives to do so.
    >

    Not saying it isn't true, but there is lots there that doesn't make sense specifically because there was money spent by the HOA. Looks like you should go through the CC&R's and cause some trouble! But beware, trouble can go both ways!
  • > @derotam said:
    > Not saying it isn't true, but there is lots there that doesn't make sense specifically because there was money spent by the HOA. Looks like you should go through the CC&R's and cause some trouble! But beware, trouble can go both ways!

    derotam,

    What does not make sense?

    I have requested the CC&Rs but the manager is always very slow to reply.
    If I have a legal right to have the charger put back or have them cover the cost of installing one at my unit I will pursue this, as installing a charger attached to my electrical panel will cost thousands and unsightly conduit will need to be run down a wall (I am on the top floor).

    I don't know how "trouble could go both ways" when I have done nothing wrong.
    unless relying on a charger installed by the HOA for transportation is breaking the rules.
  • > @mj662_98188639 said: > If I have a legal right to have the charger put back or have them cover the cost of installing one at my unit I will pursue this, as installing a charger attached to my electrical panel will cost thousands and unsightly conduit will need to be run down a wall (I am on the top floor). "

    You likely have no such rights.

    You should ask for permission to install charging in your parking space. Get a quote and drawings first.

    HOA will be concerned about liability and impact on other owners such as where the conduit would run so have the details ready.
  • > @FISHEV said:
    >
    > You should ask for permission to install charging in your parking space. Get a quote and drawings first.
    >
    > HOA will be concerned about liability and impact on other owners such as where the conduit would run so have the details ready.
    >

    Of course I would file the appropriate paperwork, do you somehow get the impression I would do this illegally? I did this years ago when I first bought my Tesla, at that time the electrical company had a program to cover the cost but the program lapsed before the HOA board could get back to me with a yes or no answer, they delayed for about 8 months. this is how I found out it was cost-prohibitive to have one installed in my unit.
  • > @mj662_98188639 said: > Of course I would file the appropriate paperwork, do you somehow get the impression I would do this illegally?"

    As HOA president, I know people do this incompletely and a long process ensues.

    If you present everything needed the first time, even a city approved electrical permit it makes it easy for the board to say yes.

    Talk to the board president informally and ask him or her what they'll need and what issues to address in your application.

    Seems clear other owners objected so you have to address those issues.
  • "If I have a legal right to have the charger put back or have them cover the cost of installing one at my unit I will pursue this"

    Not sure why you think you would. There is no electrical access laws that compel anyone to install private EV charging. Nor is there any anti EV charging discrimination laws.
  • Look into the HOA's written down rules and policies, as well as the full CC&R's. Obviously there is a difference between doing something on your own property, vs having the HOA do it on community property, but still there are rules, and a lot of times there are time limits on things. If you are in a condo community then there are meetings, and the HOA is run more like a business, from what I have seen. This is because Condo HOA's have a large real property responsibility for maintenance at a minimum.

    With HOA's there a lot of things that you have to figure out how best to present what you want to do and possibly fight tooth and nail to get what you want.

    Not trying to start a debate here but I find it VERY hard to believe that the board of an HOA rolled over and SPENT money based on ONE persons random complaint. There is more to the story here that we, or you, don't know.
  • ...unless the person that complained is married to the president of the HOA.

    If that's the case, OP is SOL.
  • and why do people buy homes that are part of an HOA...….?
  • > @jordanrichard_629778 said:
    > and why do people buy homes that are part of an HOA...….?

    to keep people from trashing the hood
  • @jordan

    I had a neighbor that kept trying to get everyone else on the street to rake their leaves, paint the porch, don't leave your car in the driveway, turn the garage lights on from 7:00pm to 6:00am, and so on.

    He actually would hand write letters on his lawyers stationary and hand deliver them when no one was home. He constantly threatened to call his lawyer but he never did.

    He eventually moved on to a neighborhood that actually did have a HOA. I'm guessing he had a little trouble finding one that had rules that lived up to his wishes.

    In short, he always told me it was only to keep up the property values of the neighborhood. I suspect it went a little deeper than that.
  • Sounds like someone that would throw a tantrum over their trade-in value.
  • Lol, yup.

    Or price increases the week after he took delivery.
  • Or having lawyers to ban people on the forum.
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