The Vermont Statutes Online

Title 27A : Uniform Common Interest Ownership Act (1994)

Article 003 : Management of the Common Interest Community

• § 3-125. Electric vehicle supply equipment

  (a) As used in this section:

  (1) “Electric vehicle supply equipment (EVSE)” means a device or system designed and used specifically to transfer electrical energy to a plug-in electric vehicle.

  (2) “EVSE owner” means the unit owner who applies to install an EVSE and each successive unit owner associated with the initial application to install the EVSE unless there is a specific change in ownership of the EVSE, in which case the EVSE owner shall be the owner specified in a conveying document memorializing the change in ownership of the EVSE.

  (3) “Plug-in electric vehicle” has the same meaning as in 23 V.S.A. § 4(85).

  (4) “Reasonable restriction” is a restriction that does not significantly increase the cost of the EVSE or significantly decrease the efficiency or specified performance of the EVSE.

  (b)(1) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a common interest community, and any provision of a governing document associated with a common interest community, such as a declaration, bylaw, or rule, that either effectively prohibits or unreasonably restricts the installation of EVSE within the boundaries of a unit owner’s unit or limited common element or the unit owner’s exclusively designated parking space or the use of such EVSE for noncommercial purposes by a unit owner or the occupants of the unit owner’s unit or is in conflict with this section is void and unenforceable.

  (2) This subsection shall not apply to provisions that impose reasonable restrictions on EVSE. However, it is the policy of the State to promote, encourage, and remove obstacles to the use of plug-in electric vehicles, including access to EVSE at home.

  (3) Installation of EVSE shall not be deemed a division or reallocation of a common element and shall not alter the allocated interests of any unit owner.

  (c) The association may require the unit owner to:

  (1) comply with federal, State, and local health and safety laws, including any applicable building codes or safety standards;

  (2) comply with reasonable architectural standards adopted by the association that govern the dimensions, placement, or external appearance of the EVSE, provided that such standards shall not prohibit the installation of such EVSE or substantially increase the costs thereof;

  (3) engage the services of a licensed electrician to install the EVSE;

  (4) if the EVSE is installed in a common element or limited common element, reimburse the association for the actual costs of any increased insurance premium amount attributable to the EVSE within 14 days after receiving the association’s insurance premium invoice; and

  (5) comply with any other reasonable restrictions the association may impose.

  (d) Notwithstanding any provision to the contrary in the association’s governing documents, if the executive board of the association determines that the cumulative or additional use of electricity due to the installation and use of EVSE requires infrastructure improvements to provide a sufficient supply of electricity for the EVSE, the association may assess the cost of the required improvements against the unit of each unit owner that has installed, or will install, EVSE.

  (e) If approval is required for the installation or use of EVSE, the application for approval shall be processed and approved by the association in the same manner as an application for approval of an architectural modification to the common interest community and shall not be intentionally avoided or delayed. The approval or denial of an application shall be in writing. If an application is not denied in writing within 90 days from the date of receipt of the application, the application shall be deemed approved, unless that delay is the result of a reasonable request for additional information.

  (f) The unit owner and each successive owner of the EVSE shall be responsible for all of the following:

  (1) costs for damage to the EVSE, common element, or limited common element resulting from the installation, maintenance, repair, removal, or replacement of the EVSE;

  (2) costs for the installation, maintenance, repair, and replacement of the EVSE until the EVSE has been removed and for the restoration of the common element or limited common element after removal;

  (3) the cost of electricity associated with the EVSE; and

  (4) unless the successor owner of the unit agrees in writing to undertake and comply with the unit owner’s responsibilities with respect to the EVSE, removing the EVSE prior to the sale and restoring any affected common element or limited common element. (Added 2025, No. 168 (Adj. Sess.), § 32, eff. July 1, 2026.)