FCAP Community

Published July 2022

     Florida Community Association Professionals’ (FCAP) training is offered on two levels. Level one consists of courses meeting Florida’s continuing education requirements for CAMs, and level two is the Florida Advanced CAM Studies (FACS) course. For further information about the more than 38 online continuing education classes available or to pursue the Certified Florida Community Association Manager (CFCAM) designation, please visit www.fcapgroup.com/membership/education-training/.

Marcy L. Kravit

CAM to CAM 

Electric Vehicle Charging Stations, Part I

An Inside Look with Danny Kaddoch, Senior Account Manager, Hypower Inc.

By Marcy L. Kravit, CMCA, AMS, PCAM, CFCAM
Director of Community Association Relations
Hotwire Communications
FCAP Program Coordinator

     Editor’s Note: This is part one of a three-part series. Parts two and three will be published in upcoming issues of FLCAJ.

     Florida is charged up for an electric future, but is your association ready for the road ahead? Within the past year and a half, gas prices have more than doubled, and sales of electric vehicles are growing in Florida.  Electric vehicles amount to less than one percent of registered vehicles and cost more than gas-powered vehicles, and charging stations are becoming a popular amenity in community associations. Florida law has required condominium associations to accommodate owners’ requests for the installation of EV charging stations. 

     §718.113(8) of the Florida Statutes was adopted in 2018 and provides the following:

     The Legislature finds that the use of electric vehicles conserves and protects the state’s environmental resources, provides significant economic savings to drivers, and serves an important public interest. The participation of condominium associations is essential to the state’s efforts to conserve and protect the state’s environmental resources and provide economic savings to drivers. Therefore, the installation of an electric vehicle charging station shall be governed as follows:

1. A declaration of condominium or restrictive covenant may not prohibit or be enforced so as to prohibit any unit owner from installing an electric vehicle charging station within the boundaries of the unit owner’s limited common element parking area. The board of administration of a condominium association may not prohibit a unit owner from installing an electric vehicle charging station for an electric vehicle, as defined in §320.01, within the boundaries of his or her limited common element parking area. The installation of such charging stations is subject to the provisions of this subsection.
2. The installation may not cause irreparable damage to the condominium property.
3. The electricity for the electric vehicle charging station must be separately metered and payable by the unit owner installing such charging station.
4. The unit owner who is installing an electric vehicle charging station is responsible for the costs of installation, operation, maintenance, and repair, including, but not limited to, hazard and liability insurance. The association may enforce payment of such costs pursuant to §718.116.
5. If the unit owner or his or her successor decides there is no longer a need for the electronic vehicle charging station, such person is responsible for the cost of removal of the electronic vehicle charging station. The association may enforce payment of such costs pursuant to §718.116.
6. The association may require the unit owner to:
   1. Comply with bona fide safety requirements, consistent with applicable building codes or recognized safety standards, for the protection of persons and property.
   2. Comply with reasonable architectural standards adopted by the association that govern the dimensions, placement, or external appearance of the electric vehicle charging station, provided that such standards may not prohibit the installation of such charging station or substantially increase the cost thereof.
   3. Engage the services of a licensed and registered electrical contractor or engineer familiar with the installation and core requirements of an electric vehicle charging station.
   4. Provide a certificate of insurance naming the association as an additional insured on the owner’s insurance policy for any claim related to the installation, maintenance, or use of the electric vehicle charging station within 14 days after receiving the association’s approval to install such charging station.
   5. Reimburse the association for the actual cost of any increased insurance premium amount attributable to the electric vehicle charging station within 14 days after receiving the association’s insurance premium invoice.
7. The association provides an implied easement across the common elements of the condominium property to the unit owner for purposes of the installation of the electric vehicle charging station and the furnishing of electrical power, including any necessary equipment, to such charging station, subject to the requirements of this subsection.

Common Element Installation

     In August 2021, the Orlando City Council approved an electric vehicle readiness code that requires commercial developments as well as multi-family and industrial structures to equip two percent of parking spaces with EV charging stations and make 10–20 percent of parking spaces EV capable with dedicated electrical panel capacity and wiring infrastructure. 

What are the advantages of installing EV charging stations in the common areas?

• Improves property values
• Provides the association authority and control of the installation, maintenance, and operation of the charging stations
• Reduces the number of installation requests for electric charging stations in the limited common elements

     Condominium associations may consider charging fees for the use of the stations in the common elements to recover the installation costs, reduce costs, and generate revenue; however, section 718.111(4) of the Florida Statutes prohibits condominium associations from charging unit owners a fee for using the common elements of the condominium property unless one of the following occurs:

• the declaration of the condominium allows the association to charge a fee;
• a majority of the association votes in favor of charging the fee; or
• the fee relates to expenses incurred by an owner having exclusive use of the common elements.

     This may create a situation where the association cannot charge unit owners a fee for using the charging stations unless one of these three stipulations occur. 

     Associations should review their governing documents, consult with their association attorney with questions about the installation prior to consideration, and may require an amendment to their documents.  

     Determine whether installing electric vehicle charging stations in the common elements would benefit the association.  

Electric Vehicle Statistics Overview
(according to Florida Trend, Florida’s Business Authority) 

• Less than one percent—.77 percent—of all registered vehicles in Florida are EVs, up from .41 percent in July 2020. Electric vehicles sell for an average of nearly $56, 437 before rebates, according to Kelley Blue Book, versus an average price of $25, 650 for a compact and $42,804 for a full-size gas-powered vehicle.
• 124,961—Approximate number of electric vehicles registered in Florida in January 2022, up from 107,000 in July 2021, a nearly 17 percent increase. Of the total, about 97,000 were pure EVs (battery only) and another 23,000 were plug-in hybrids (gas engine and a battery).
• 45,000—The number of electric vehicles sold in Florida in 2021, 114 percent increase over the previous year’s sales.
• 3.5 percent—Share of vehicle sales in Florida that are EVs, amounting to six EVs sold per 1,000 Florida residents.
• Filling up a 15-gallon gas tank at the pump takes less than five minutes versus the 20 minutes or so it takes to recharge an EV at the fastest EV charging station.

     Danny Kaddoch is the senior account manager with Hypower, Inc., an electrical contractor based in South Florida with offices in Fort Lauderdale, Fort Myers, West Palm Beach, and Fort Pierce since 1991. Danny advises, “Go with a brand you are comfortable with and choose what is best for you… ensure the charger brand has a local representative to see you or talk to you on the phone. After installation, determine how are you going to get in touch with them and whether there are software upgrades or issues.”

     Danny strongly feels that the electrical contractor should get to know your association’s needs, the building, and the environment.  No two properties are alike, and the sales process should be tailored to the needs of your property.

     There are many options in the pricing and service provided, but the charging station provider should be responsible for maintenance, upgrades, and assessing usage charges.  A company may have fees for having the charger in place, for a percentage of every electrical charge, and for cloud-based software. Especially with COVID-19, on-site visits may have been limited, so that availability should be considered. 

     Marcy Kravit has 20-plus years’ experience managing community associations in South Florida. She has established a reputation as being passionate about service, driven by challenges, and undeterred by obstacles. Marcy is committed to providing five-star service and educating others in raising the level of professionalism in the industry. She works for Hotwire as director of community association relations. Marcy has earned every higher education credential offered by CAI and is recognized by Florida Community Association Professionals (FCAP) as a CFCAM. Marcy is a contributing writer to the Florida Community Association Journal (FLCAJ) and serves FCAP as their education program director.

Betsy Barbieux

Because You Asked
By Betsy Barbieux, CAM, CFCAM, CMCA

Betsy,
     We have a condominium that was foreclosed by a mortgage holder that is not a bank. It was court ordered and no one bid on it, so the mortgage holder assumed ownership. Does a mortgage holder who is not a bank owe all unpaid HOA fees or just for one year? What about owing late fees and interest? 
– Larry

Larry,
     My understanding is that any first mortgagee is eligible for the “safe harbor” provisions of the statute. So, this seems to apply to not only banks but ANY first mortgage holder that forecloses its mortgage. The first mortgagee owes only the regular assessment, no added interest or late fees or anything else. Florida Statute 720.3085(2)(c) states the following:

1. Notwithstanding anything to the contrary contained in this section, the liability of a first mortgagee, or its successor or assignee as a subsequent holder of the first mortgage who acquires title to a parcel by foreclosure or by deed in lieu of foreclosure for the unpaid assessments that became due before the mortgagee’s acquisition of title, shall be the lesser of:
   1. The parcel’s unpaid common expenses and regular periodic or special assessments that accrued or came due during the 12 months immediately preceding the acquisition of title and for which payment in full has not been received by the association; or
   2. One percent of the original mortgage debt. The limitations on first mortgagee liability provided by this paragraph apply only if the first mortgagee filed suit against the parcel owner and initially joined the association as a defendant in the mortgagee foreclosure action. Joinder of the association is not required if, on the date the complaint is filed, the association was dissolved or did not maintain an office or agent for service of process at a location that was known to or reasonably discoverable by the mortgagee.

– Betsy

Betsy,
     On your website it says that if I got my license in 2021, I just need to pay to renew, with no CE credits required. If I sign up for the YES/Yearly Educational Summit, will the CE credits from the Summit count for the next license period, 2022–2024?
– Sheila

Sheila,
     All CAM licenses expire this year on September 30, 2022. The YES/Yearly Educational Summit is scheduled for August 4–5, just in time for the CAM procrastinators to get their CE hours before the renewal deadline. There are no rollover CEs. Since it’s your first license period, any hours you take before September 30, 2022, will expire. CAMs can always check their DBPR accounts. It keeps track of the CE hours, what you have taken, and what you need.
– Betsy

Betsy,
     For years I have enjoyed reading your comments and reviews and have a question that I can’t find an answer to regarding electric car charging stations. Several times our board has attempted to install car charging stations on association common elements, and the membership voted it down. It seems Florida Statutes have changed, and individuals are now permitted these stations in their limited common element parking spaces as long as they comply with the statutory requirements. Our board thinks they can now install electric charging stations on a common element parcel of land without a members’ vote. I do not see this as being correct. Am I right or wrong?
– Randy 

Randy,
     If you only read paragraph 8 of F.S. 718.173, I would agree with you. But it appears paragraph 7 allows the board to install the electric vehicle charging stations on common elements without a vote of the membership. The word “notwithstanding” usually means it doesn’t matter what your documents say. I’d advise you check with your attorney!

     (7) Notwithstanding the provisions of this section or the governing documents of a condominium or a multicondominium association, the board of administration may, without any requirement for approval of the unit owners, install upon or within the common elements or association property solar collectors, clotheslines, or other energy-efficient devices based on renewable resources for the benefit of the unit owners.

     (8)(a) A declaration of condominium or restrictive covenant may not prohibit or be enforced so as to prohibit any unit owner from installing an electric vehicle charging station or a natural gas fuel station within the boundaries of the unit owner’s limited common element or exclusively designated parking area. The board of administration of a condominium association may not prohibit a unit owner from installing an electric vehicle charging station for an electric vehicle, as defined in §320.01, or a natural gas fuel station for a natural gas fuel vehicle within the boundaries of his or her limited common element or exclusively designated parking area. The installation of such charging or fuel stations is subject to the provisions of this subsection.

– Betsy  

FCAP Member Spotlight

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