This document provides step-by-step instructions for owners and boards of directors to follow to install an EVCS that requires a change to the common elements of the condominium corporation.

Introduction

As of May 1, 2018, changes to Ontario Regulation 48/01 under the Condominium Act, 1998 (“the Act”) establish a new process for obtaining approval to install electric vehicle charging systems (EVCSs) in condominium buildings.

More specifically, these new provisions:

  • set out the process for condominium corporations to obtain approval to install an EVCS; and,
  • set out the process for an owner to request and obtain approval to install an EVCS.

The CAO has developed this step-by-step guide with instructions for condo owners and boards of directors to follow to install an EVCS that requires a change to the common elements of the condominium corporation.

Installation by the Corporation

If a condominium corporation wants to install an EVCS in or on 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 are considered common expenses of the corporation. Accordingly, all owners will be responsible for paying for the costs associated with the installation and the EVCS’s ongoing maintenance, based on the statement of the proportions in which they contribute to the common expenses, as set out in the condominium corporation’s declaration.

Condominium corporations that follow the processes described below are exempt from section 97 of the Act.

Step 1: Assessing the Cost of the Installation 

  • The board must first assess the costs to the corporation for the proposed installation of the EVCS. Once the board has completed this assessment they must then follow one of two paths depending on the results of the assessment.

Step 2: Determine whether Owners Can Vote

  • Based on the results of the assessment, the condominium corporation must then determine whether it can proceed with the installation without of a vote of the owners, or whether it must provide the owners with an opportunity to requisition a meeting to vote on the proposed installation.
  • The corporation can decide to install the EVCS without input or a vote from the owners only if the proposed installation of the EVCS meets two conditions:
  1. The estimated cost to the corporation is not greater than 10 percent of the annual budgeted common expenses for the corporation’s current fiscal year, and
  2. The board believes that the owners of the condominium corporation would not consider the installation of the EVCS as causing a material reduction or elimination of their use or enjoyment of the units they own or the common elements.

If the proposed installation meets these two conditions, then the corporation can follow the process described under the Option 1: No Vote by Owners heading below.

If the estimated cost to the corporation is greater than 10 percent of the annual budgeted common expenses for the corporation’s current fiscal year, or the board believes that the owners would consider the installation of the EVCS to be a material reduction or elimination of their use or enjoyment of their units or the common elements, then the corporation must follow the process described under the Option 2: Possible Owner Vote heading below.

Option 1: No Vote by Owners

Step 3 (Option 1): Send Notice to Owners

Once the condominium corporation has determined that it can proceed with the installation without a vote of the owners, the corporation must then send a notice to all owners. The notice must contain:

  1. A description of the proposed installation,
  2. A statement that the board believes that the owners of the condominium corporation would not consider the installation of the EVCS to be a material reduction or elimination of their use or enjoyment of the units that they own or the common elements,
  3. A statement of the estimated costs for the installation of the EVCS, and how the corporation will pay for the costs,
  4. Any other information that the by-laws of the corporation require.

Step 4 (Option 1): Proceed with Installation

  • After at least 60 days have passed since the corporation sent the notice to owners, the corporation can proceed with the installation of the EVCS.

Option 2: Possible Owners’ Vote

Step 3 (Option 2): Send Notice to Owners

Once the condominium corporation has determined that it must provide the owners with an opportunity to requisition a meeting to vote on the proposed installation (based on the criteria described in Step 2 above), the corporation must then send a notice to all owners. The notice must contain:

  1. A description of the proposed installation,  
  2. A statement of the estimated costs for the installation of the EVCS, and how the corporation will pay for the costs,
  3. A statement that the board believes that the owners would regard the installation of the EVCS as causing a material reduction or elimination of the use or enjoyment of the units that they own or the common elements,
  4. A statement that the owners have a right, in accordance with section 46 of the Act, to requisition a meeting within 60 days of receiving the notice,  
  5. A copy of the text of section 46 of the Act, and section 24.2 and 24.3 of Ontario Regulation 48/01, and
  6. Any other information that the by-laws of the corporation require.

Step 4 (Option 2): Determine next Steps

  • Once the notice has been sent to the owners, the owners can requisition a meeting within 60 days to vote on the proposed installation. Click here for more information on requisitioning a meeting.
  • If at least 60 days have passed since the notice was sent, the corporation can proceed with the installation of the EVCS if the owners have:
  1. Not requisitioned a meeting within 60 days of receiving the notice,
  2. Requisitioned a meeting but quorum was not present at the meeting, or
  3. Requisitioned a meeting where quorum was present, and where the owners did not vote against the installation of the EVCS.

Installation by an Owner

  • Ontario Regulation 48/01 describes the process that an owner must follow to make an application to their condominium corporation for the installation of an EVCS.

Owners that follow the processes described below are exempt from section 98 of the Act, which describes the process that must be followed for an owner to make other types of changes to the common elements.

Step 1: Creating the Application 

  • If an owner wishes to apply to their condominium corporation for the installation of an EVCS, they must first prepare an application. This application must:
  1. Be in writing,
  2. Identify the owner and the owner’s address for service,
  3. Be signed by the owner submitting the application, and Include drawings, specifications, or information relating to the proposed installation.

To help owners create their applications, the CAO has developed an EVCS application template. You can use this template to prepare your own EVCS installation application. The template is available here.

  • If the owner requires information, permission, or authorization from the condominium corporation to provide the required drawings, specifications, or information relating to the proposed installation, they can request the information, permission or authorization from the condominium corporation in writing. Once requested, the corporation must provide this information as soon as reasonably possible.
  • If you are having difficulty in receiving the records that you require from your condominium corporation, you may wish to consider making a formal request for the records. For more information on making a request for records, please visit the CAO’s Records Issues page.

Step 2: Submitting the Application 

  • After the owner has created their application, they must then send it to their condominium corporation. The application must be sent in one of the following ways:
  1. For paper applications, sent by mail, courier, or deposited in the mail box:
    1. At the address for service for the corporation, the property manager, the property management provider, or any other person responsible for the management of the property; or,
    2. At an address that the board has decided is the address for receiving the delivery of applications for the installation of an EVCS.
  2. For electronic applications, sent by fax, email, or any other method of electronic communication (but only if the board has decided that this method of delivery is acceptable); or
  3. Sent in any manner that the corporation and the owner agree to in writing.

Step 3: Response from the Board of Directors 

  • Once a condominium corporation has received an application from an owner, the board of directors must determine if the application is complete and meets the requirements listed in Step 1 and Step 2 above.
  • If the application meets the requirements listed in Step 1 and Step 2 above, the board must respond to the owner in writing indicating whether the board has accepted or rejected the application within 60 days (or any other time period that the board and the owner agree to in writing).
  • If the application does not meet the requirements listed in Step 1 and Step 2 above, the board must notify the owner in writing as soon as reasonably possible and describe why the application does not meet the requirements.
  • To help boards respond to applications from owners, the CAO has created three templates that boards can use:
    • Response: Application Approved
      • This template can be used to respond to an owner whose application has been approved, and where the board does not require the installation to be carried out in an alternative manner or location.
    • Response: Application Rejected
      • This template can be used to respond to an owner whose application has been rejected
    • Response: Alternative Manner or Location
      • This template can to be used to respond to an owner whose application has accepted, but where the board requires that the installation be carried out in an alternative manner or location.

What if the Board Accepts an Application?

  • If the board accepts an application and does not require that the proposed installation be carried out in an alternative manner or location, then the board’s response must include a statement of that fact.

What if the Board Rejects an Application?

  • The board can only reject an application if it has obtained a report that clearly states that the proposed installation:
  1. Will be contrary to any general or special Act, including the Electrical Safety Code;
  2. Will adversely affect the structural integrity of the property of the corporation; or,
  3. Will pose a serious risk to the health and safety of an individual or damage the property of the corporation.
  • If the board rejects an application, they are required to include a copy of the report that was the basis for their rejection.
  • For more information on what to do if you disagree with a board’s refusal of an application, please refer to the Disagreements: Mediation and Arbitration section below.

What if the Board Accepts an Application, but requires that the installation be carried out in an alternative manner or location?

  • If the board accepts an application, they may require that the proposed installation be carried out in an alternative manner or location. The corporation can do this only if the alternative manner or location is necessary to ensure that:
  1. The owners of the corporation would not consider the installation of the EVCS to cause a material reduction or elimination of their use or enjoyment of their units or the common elements;
  2. The installation of the EVCS would not contravene anything in the corporation’s declaration, by-laws, or rules; and/or,
  3. The installation is not contrary to any provisions in any agreement to which the corporation is a party.

The condominium corporation can propose an alternative manner or location for the EVCS installation only if the alternative would not cause the owner to incur any unreasonable costs.

  • If the board decides that the installation of an EVCS must be carried out in an alternative manner or location, the response to the owner must include a statement of that fact.

The response must also include:

  1. A statement that the proposed installation must be carried out in an alternative manner or location;
  2. The reasons why it is necessary for the installation to be carried out in an alternative manner or location; and,
  3. The drawings, specifications, and information that clearly how the installation will be carried out in an alternative manner or location.
  • For more information on what to do if you disagree with the board’s alternative installation, please refer to the Disagreements: Mediation and Arbitration section below.

What if the board does not Respond?

  • If the board does not respond to the owner within the 60 days (or any other time period that the board and the owner agree to in writing), then the board is considered to have neither rejected nor required that the installation be carried out in an alternative manner or location.
  • If you have submitted an application and the corporation has not responded in 60 days, you may wish to contact your condominium corporation. Alternatively, you may wish to consider pursuing mediation or arbitration. For more information, please refer to the information under the Disagreements: Mediation and Arbitration heading below.

Step 4: The Agreement for Installation of an EVCS

  • If the board accepts an application of the installation for an EVCS, then the condominium corporation and the owner must now enter into an agreement. This agreement must be entered into within 90 days of the board accepting the application (or another time period that the corporation and the owner agree to in writing).
  • The agreement must be in writing and its terms and conditions must be reasonable and necessary to facilitate the installation, use, and operation of the EVCS. The terms and conditions must:
  1. Relate to the manner of the installation;
  2. Outline how the cost of the installation will be distributed between the owner and the corporation;
  3. Establish the responsibilities of the corporation and the owner in relation to the cost of the use, operation, repair, maintenance, and insurance of the EVCS, as well as the cost of preparing the agreement and registering it against the title to the owner’s unit;
  4. Specify who will have ownership of the EVCS (and/or its components); and,
  5. Relate to the termination of use of the EVCS or the agreement.
  • After the owner and the corporation enter into an agreement, the condominium corporation must register the agreement against the title to the owner’s unit, as soon as reasonably possible (or within a time period that the owner and the corporation agree to in writing). The agreement will not take effect until it is registered against the owner’s unit. Once registered, the agreement binds the owner’s unit and is enforceable against any future owners of the unit.

Who Pays for the Installation?

  • Unless otherwise agreed upon, the owner is responsible for the costs of the installation of the EVCS regardless of whether the installation is carried out by the owner or the condominium corporation.

Disagreements: Mediation and Arbitration 

  • Any disagreement between an owner and a condominium corporation related to the installation of a EVCS must be submitted to private mediation and arbitration. This includes disagreements about the agreement signed by the owner and condominium corporation.
  • An owner or the condominium corporation must submit a disagreement private mediation and arbitration within:
  1. 6 months of receiving the board’s response to an application, if the disagreement relates to the board’s rejection or proposed alternative installation manner or location; or,
  2. 6 months after the conclusion of the 90-day period elapsing, if the  corporation and the owner have not yet entered into an agreement for installation.

If the owner or corporation do not submit the disagreement to mediation or arbitration within this timeframe, the application shall be deemed to be abandoned.

If you have not received a response to your application, there is no deadline for submitting your dispute to mediation and arbitration.

To read more about the requirements and timelines for the installation of an EVCS, please review sections 24.1 to 24.7 of Ontario Regulation 48/01.