Monday, July 25, 2016

Electric car charging should be allowed if owner pays: Condo Law

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By GERRY HYMANCondo Law Columnist
Sat., July 23, 2016

Can a condo board prevent an owner from using an electrical outlet in a parking unit that is the property of the owner, to charge an electric vehicle?

The Condominium Act provides that a board may make rules respecting the use of common elements and units. This indicates that a rule could be passed providing that the outlets in parking units will not be used to charge vehicles.

Rules, however, must be reasonable. Is it reasonable to pass such a rule because the cost of the large amounts of electricity used will be a common expense shared by all of the unit owners? Or would the rule be considered unreasonable because the owner will be unable to use a car that he cannot fuel while parked in his parking unit?

In order to avoid having those questions answered by an arbitrator it would be advisable for the rule to permit use of the outlet for that purpose provided that the unit owner agrees in writing with the corporation to pay to the corporation the cost of the corporation installing a meter to measure electrical output at the outlet and the cost of the recorded hydro.

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