Placement of electric vehicle charging system
HRS §196-7.5
in effect196-7.5. Placement of electric vehicle charging system
(a) Notwithstanding any law to the contrary, no person shall be prevented by any covenant, declaration, bylaw, restriction, deed, lease, term, provision, condition, codicil, contract, or similar agreement, however worded, from installing an electric vehicle charging system on or near the parking stall of any multi-family residential dwelling or townhouse that the person owns. Any provision in any lease, instrument, or contract contrary to the intent of this section shall be void and unenforceable.
(b) Every private entity may adopt rules that
reasonably restrict the placement and use of electric vehicle charging systems
for the purpose of charging electrical vehicles in the parking stalls of any
multi-family residential dwelling or townhouse; provided that those
restrictions shall not prohibit the placement or use of electric vehicle
charging systems altogether. No private entity shall assess or charge any
homeowner any fees for the placement of any electric vehicle charging system;
provided that the private entity may require reimbursement for the cost of
electricity used by such electric vehicle charging system.
(c) Any person may place an electric vehicle
charging system on or near the parking stall of any multi-family residential
dwelling or townhouse unit owned by that person; provided that:
(1) The system is in compliance with any rules and
specifications adopted pursuant to subsection (b);
(2) The system is registered with the private entity
of record within thirty days of installation;
(3) If the system is placed on a common element or
limited common element as defined by a project's declaration, the homeowner
shall first obtain the consent of the private entity; provided further that
such consent shall be given if the homeowner agrees in writing to:
(A) Comply with the private entity's design
specification for the installation of the system;
(B) Engage a duly licensed contractor to
install the system; and
(C) Within fourteen days of approval of the
system by the private entity, provide a certificate of insurance naming the
private entity as an additional insured on the homeowner's insurance policy.
(d) If an electric vehicle charging system is
placed on a common element or limited common element:
(1) The owner and each successive owner of the
parking stall on which or near where the system is placed shall be responsible
for any costs for damages to the system, common elements, limited common
elements, and any adjacent units, arising or resulting from the installation,
maintenance, repair, removal, or replacement of the system. The repair,
maintenance, removal, and replacement responsibilities shall be assumed by each
successive owner until the electric vehicle charging system has been removed
from the common elements or limited common elements. The owner and each
successive owner shall at all times have and maintain a policy of insurance
covering the obligations of the owner under this paragraph and shall name the
private entity as an additional insured under the policy; and
(2) The owner and any successive owner of the parking
stall on which or near where the system is placed shall be responsible for
removing the electric vehicle charging system if reasonably necessary or
convenient for the repair, maintenance, or replacement of the common elements
or limited common elements.
(e) For the purpose of this section:
"Electric vehicle charging system"
means a system that is designed in compliance with Article 625 of the National
Electrical Code and delivers electricity from a source outside an electric
vehicle into one or more electric vehicles. An electric vehicle charging
system may include several charge points simultaneously connecting several
electric vehicles to the system.
"Private entity" means any
association of homeowners, community association, condominium association,
cooperative, or any other nongovernmental entity with covenants, bylaws, and
administrative provisions with which a homeowner's compliance is required.
[L
2010, c 186, §1]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0196/HRS_0196-0007_0005.htmFetched: 11/10/2026