BY JOHN KIRITSIS, ESQ., CPA, MBA, MS, JD, LL.M
Dealing with electric vehicle (EV) charging stations in New York City condo buildings involves a combination of legal, regulatory, and practical considerations. Here is a legal guide to help condo buildings navigate this process:
Review Local Regulations:
Familiarize yourself with NYC building codes and regulations related to EV charging infrastructure. These regulations may dictate installation requirements, safety standards, and permitting processes.
Amend Governing Documents:
Review and potentially amend the condo association’s governing documents (e.g., bylaws, declarations) to address the installation, use, and maintenance of EV charging stations. Consider including provisions related to unit owner responsibilities, usage fees, and any architectural guidelines for installations.
Allocate Costs and Fees:
Establish a clear fee structure for the installation, maintenance, and operation of EV charging stations. Determine how costs will be allocated among unit owners, including those who use the stations and those who do not.
Create Installation Policies:
Develop policies and guidelines for the installation of EV charging stations within the building. Specify where charging stations can be located, any design or aesthetic requirements, and the process for obtaining board approval.
Board Approval Process:
Define a clear approval process for unit owners seeking to install EV charging stations. Ensure that this process aligns with both the association’s governing documents and any applicable local regulations.
Contract with an EV Charging Provider:
Consider contracting with a qualified EV charging infrastructure provider to handle installation, maintenance, and billing. Ensure that the provider is knowledgeable about NYC regulations.
Safety and Compliance:
Ensure that all EV charging stations meet safety standards and comply with local electrical codes. Regular inspections and maintenance may be necessary to ensure ongoing safety and compliance.
Insurance Considerations:
Review the condo association’s insurance policies to ensure that they adequately cover potential liabilities related to EV charging stations. Work with an insurance advisor to address any gaps in coverage.
Accessibility and ADA Compliance:
Ensure that EV charging stations are accessible to all residents, including those with disabilities. Comply with the Americans with Disabilities Act (ADA) requirements for accessible EV charging stations.
Privacy and Data Protection:
Address privacy and data protection concerns related to EV charging stations. Ensure that any user data collected by the charging stations is handled in compliance with privacy laws.
Enforcement and Penalties:
Establish a mechanism for enforcing the EV charging policies and collecting fees. Clearly define penalties for non-compliance with the association’s guidelines.
Communication and Education:
Communicate the new EV charging policies and guidelines to all unit owners. Offer educational resources to help residents understand the process, rules, and benefits of EV charging.
Future-Proofing:
Consider the future growth of EV adoption when designing and implementing EV charging infrastructure. Allow for scalability to meet increasing demand for charging stations.
Legal Counsel:
Consult with legal counsel experienced in NYC condo association matters and EV charging regulations to ensure that all legal requirements are met.
Remember that regulations and technologies related to EV charging can evolve. It’s essential to stay informed about any updates or changes in NYC laws and best practices related to electric vehicle charging stations to keep your condo building in compliance and provide a valuable amenity for residents.
Citations, References and Potentially Useful Resources for Further Information:
U.S. Constitution
New York State Constitution
Federal Securities Regulation
New York State Martin Act
New York Condominium Act
New York State Security Regulations
New York Business Corporation Law
New York Limited Liability Company Law
New York Uniform Partnership Act
Federal Internal Revenue Code
New York State Tax Laws, Rules & Regulations
New York City Tax Laws, Rules & Regulations
Winston Churchill Owners, Inc. v. Regents Real Estate Associates
Board of Managers of the Park Regis Condominium v. Park Regis Owners Corp.
Park Sutton Condominium v. 447 E. 57th St. LLC
28 E. 10th Street Corp. v. Veras
Riverside Syndicate, Inc. v. Munroe
Essex House Condominium v. Marks
The Parc Vendome Condominium v. Atkinson
54-56 Meserole Street Owners Corp. v. Rossi
The Beekman Regent Condominium v. Bottiglieri
Chelsea 19th LLC v. West 19th Street Realty LLC
ACRIS
New York Department of Finance
New York City Department of Buildings
New York City Bar Association
New York State Bar Association
Call 212 922 0005. Kiritsis Law Group.
Manhattan Office: 633 Third Avenue, New York, NY 10017. Phone# 212 922 0005.
New Jersey Office: 7309 Ventnor Avenue, Ventnor, NJ 08406. Phone# 212 922 0005.
Brooklyn Office: 6902 11th Avenue, Brooklyn, NY 11228. Phone# 212 922 0005.
Feel free to call us at 212-922-0005 for a free, brief and confidential consultation.
Whether buying real estate, having years of un-filed tax returns, have an immigration question, considering to start a business, faced with a commercial/business dispute or thinking about getting a prenuptial agreement — Our law firm is willing, able and ready to assist you. Call us at 212 922 0005.
We represent businesses and individuals throughout the 5 boroughs of New York City and most of New Jersey.
For a free, brief initial phone consultation with an attorney, call us today at 212 922 0005.
Our law firm provides a full range of legal services, within the following practice areas:
Real Estate
Business Law
Tax & Accounting Services
Immigration Law
Asset Protection
Business/Commercial Litigation & Disputes
The materials available through this website and any other websites owned by John Kiritsis (individually and collectively, the “Website”) are the property of John Kiritsis and his entities, and are protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, download, store, post, broadcast, transmit, modify, sell, or make available to the public content from the Website without the prior written approval of John Kiritsis. Beware that any unauthorized use of John Kiritsis’ trademarks and copyrighted content for commercial purposes in violation of John Kiritsis’s intellectual property rights, will be vigorously enforced. All other trademarks, service marks and trade names referenced in this site are the property of John Kiritsis.
ANY AND ALL INFORMATION POSTED IN THIS WEBSITE SHALL NOT BE A SUBSTITUTE FOR LEGAL ADVISE BY PROPERLY LICENSED COMPETENT ATTORNEYS. FOR INFORMATIONAL ENTERTAINMENT PURPOSES ONLY. NOT SUBJECTED TO FINALIZED LEGAL EDIT WITH REGARDS TO CONTENT. SITE PRONE TO CONTAINING ERRORS OF STATEMENT OF LAWS, RULES AND/OR REGULATIONS WHERE APPLICABLE.
ATTORNEY ADVERTISING. PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME.
The views expressed by this author are not legally binding or reflective of the author, the author’s firm, the author’s employers, the author’s employees, or any individual and/or organization.