The association cannot require an owner to install an electric car charging station. But it can enact a rule prohibiting anything from crossing or laying on sidewalks. That should solve the problem.
Sara A. Austin, Esq.
Austin Law Firm LLC
226 E. Market St.
York, PA 17403
Phone: (717) 846-2246
Fax: (717) 846-2248
saustin@austinlawllc.com
The simple answer is yes. Presumably under the governing documents the board has the authority to implement rules and regulations that govern use of the common areas (including sidewalks), and particularly in instances involving safety and security and protecting the association from risk and liability. The board should enact a new rule as soon as possible stating that the practice of running power cords from units to vehicles is strictly prohibited, and that charging stations for electric vehicles must be installed in parking spaces in such a manner as not to encroach upon the common areas or create any safety hazard, with design and installation subject to approval in advance by the Architectural Review Committee.
Sean O’Connor, Esq.
Finkel Law Firm, LLC
PO Box 41489
Charleston, SC 29423
Phone: (843) 577-5460
soconnor@finkellaw.com
www.finkellaw.com
Your board has the right to tell the unit owners not to run a cord across the sidewalk or the parking areas or roadways. I agree that it is a safety hazard to permit that, and it creates a liability for the association.
Usually, when a person wishes to install something on the common elements, an application to the board is necessary. If they wish to install a charging station, they likely (depending upon your governing documents) have to get advance written permission of an application, from the board.
While the board cannot force them to apply to construct a charging station, the board likewise does not have to put up with the compromise to safety that running cords across the common elements imposes.
If they bought a vehicle knowing that there was no place to charge it without creating a safety issue, they may have had another charging location in mind, such as at work. You may encourage them to use alternate means in order to charge their vehicles.
Robert C. Griffin, Esq.
Griffin Alexander, P.C.
415 Route 10, 2nd Floor
Randolph, NJ 07869
Phone: (973) 366-1188
Fax: (973) 366-4848
rgriffin@lawgapc.com
www.lawgapc.com