The Condominium Authority of Ontario (CAO) is dedicated to providing information, resources, and services to support condo communities across Ontario. For the changes to Ontario Regulation 48/01 relating to electric vehicle charging systems (EVCS) that came into force on May 1, 2018, the CAO has prepared a step-by-step guide for owners and boards which outlines the steps required to install an EVCS, as well as templates to assist owners in applying for the installation of an EVCS, and to assist condominium boards in responding to applications.
Electric Vehicle Charging Systems
On May 1, 2018, changes to the regulations under the Condominium Act, 1998, established a new process for obtaining approval to install electric vehicle charging systems (EVCSs) in condominium buildings.
More specifically, these new provisions:
a) set out the process for condominium corporations to obtain approval to install EVCSs; and,
b) set out the process for an owner to request and obtain approval to install an EVCS.
If a condominium corporation wants to install an EVCS in the common elements of the condominium corporation, they may be able to do so without a vote of the owners, or they may need to provide owners with an opportunity to vote on the installation. An overview of both situations is provided below.
Please note: If the corporation will be doing the installation, all costs associated with the EVCS installation, and are considered common expenses of the corporation. Accordingly, all owners are responsible for paying for the costs associated to the installation, based on the statement of proportion set out in the condominium corporation’s declaration.
If the condominium corporation wants to install an EVCS, they can install an EVCS without a vote of the owners if:
If the corporation is proposing to take this route, they must send a notice to the owners at least 60 days before the installation begins. This notice to owners must contain all of the following:
After the notice has been sent and 60 days have passed, the condominium corporation can begin installation of the EVCS.
2. Possible vote by owners
If the estimated cost of the installation is more than 10 per cent of the annual budgeted common expenses, or if the board’s opinion is that the owners might consider the installation of the EVCS to significantly impact their enjoyment of the units, common elements, or assets of the corporation, then the corporation must follow the process below.
In these scenarios, the corporation must send a notice to the owners notifying them of the plan to install an EVCS. This notice must contain:
Once the notice has been sent, the corporation can proceed with the installation of the EVCS only if:
If a condo owner wants to install an EVCS, a process defined in section 24 of regulation 48/01 under the Condominium Act, 1998 allows them to seek and obtain approval from their condominium corporation.
Any owner who wants to install an EVCS in their condo building must follow the process below:
Step 1: Written application
The owner must create an application and deliver it to the corporation. The application must:
The corporation has an obligation to respond in writing to an owner’s requests for information, permission, or authorization to assist the owner in meeting the requirements for providing drawings, specifications, and / or other information.
Step 2: Decision
Once the application has been submitted to the corporation, the corporation will have 60 days to respond to the written application (though this timeline can be extended upon agreement of the owner and the condominium corporation). The corporation can only reject the request for installation if, based on the opinion or report of a qualified professional:
If the condominium corporation is rejecting an application for one of these reasons, it is required to provide a copy of the report or opinion of the qualified professional to the owner.
If none of these reasons apply, the condominium corporation must accept the application, or must propose an alternative installation plan that does not result in unreasonable costs to the owner.
Step 3: Agreement
Once the condominium corporation has accepted the owner’s application, the owner and the corporation have 90 days to enter into a written agreement that outlines who is responsible for the installation, maintenance, insurance, and repairs for the EVCS, and the associated costs. Unless the condominium corporation and the owner agree otherwise, the owner is responsible for all costs to carry out the installation.
Once the condominium corporation and the owner have a written agreement, the condominium corporation must register the agreement on the title of the owner’s unit. The agreement will not take effect until this happens.
Any disagreement between an owner and the condominium corporation regarding the installation of a EVCS must be submitted to private mediation and arbitration within six months. If the dispute is not raised within six months, the owner’s application is considered to have been abandoned.