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/.
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:
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?
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:
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.
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.
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?
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:
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?
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.
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?
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.
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