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.

A. Installation by the Corporation

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.

If the corporation will be doing the installation, all costs associated with the EVCS installation are considered common expenses. Effectively, this means that all owners are paying collectively for the costs of the installation based in their respective proportions as set out in the condominium corporation’s declaration.

1. No vote required by owners

If the condominium corporation wants to install an EVCS, they can install an EVCS without a vote of the owners if:

• The estimated cost of the installation is less than 10 per cent of the annual budgeted common expenses; and,
• In the opinion of the board, owners will not regard the installation of the EVCS as negatively impacting the use and enjoyment of units, common elements, or assets of the corporation.

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:

1. A description of the proposed installation;
2. Estimated costs of the EVCS installation and a description of how the corporation will pay for the costs;
3. A statement indicating that the board believes that the owners would not consider the installation of the EVCS to constitute a significant reduction or elimination of the use or enjoyment of units, or of common elements, or assets of the corporation; and,
4. Any other information that the by-laws of the corporation require.

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:

1. A description of the proposed installation;
2. Estimated cost of the EVCS installation, and a description of 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 to requisition a meeting within 60 days of receiving the notice;
5. A copy of section 46 of the Act and section 24.2 of Ontario Regulation 48/01; and
6. Any other information that the by-laws of the corporation require.

Once the notice has been sent, the corporation can proceed with the installation of the EVCS only if:

1. The owners have not requisitioned a meeting within 60 days of receiving the notice;
2. A meeting was requisitioned and held, but quorum was not met; or,
3. A meeting was requisitioned and held where quorum was met, and the owners did not vote against the installation of the EVCS.

B. Installation by the Condo Owner

If a condo owner wants to install an EVCS, a process defined in sections 24.4 to 24.6 of Ontario 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:

• Identify the owner and the owner’s address for service
• Be signed by the owner, and
• Include drawings, specifications, and / or information relating to the proposed installation.

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:

• The installation would be in violation of the Condominium Act, 1998, or any other legislation;
• The installation would adversely affect the structural integrity of the property; and/or
• The installation poses a health and safety risk to the property and its occupants.

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.

Disputes

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.