STRATA ALERT: NEW RULES FOR STRATA OWNER REQUESTS TO INSTALL ELECTRIC VEHICLE CHARGERS
By Alex Chang and Amal Qattan
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Alex J. Chang
Phone: 604-685-1255
Email: ajc@lmlaw.ca
As noted in a previous article, Bill 22 made several amendments to the Strata Property Act, which are intended to increase electric vehicle (EV) charging infrastructure in condominiums.
The new sections 90.1 to 90.3 of the Strata Property Act will make it harder for strata corporations to ignore, delay or refuse requests by owners to install EV chargers or related infrastructure. Owners will be able to start making such requests under this new framework on the earlier of the following dates:
- when the strata corporation obtains an electrical planning report; or
- when the deadline for obtaining an electrical planning report passes (see previous strata alert for deadlines).
Owners may also make requests after December 31, 2026, even if the strata corporation is not required to obtain an electrical planning report.
As more strata corporations obtain their electrical planning reports and the above deadlines pass, strata corporations with limited EV charging infrastructure should expect more requests for owners to install them.
The following information must be included in the owner’s request under the Strata Property Regulation:
- the owner’s contact information and strata lot number;
- a description of the proposed EV charging infrastructure;
- the proposed location of the EV charging infrastructure;
- the number or location of the parking stall at which the EV charger would be used;
- the contact information of the qualified contractor to install the proposed EV infrastructure;
- a description prepared by the contractor of the work required to install the proposed EV infrastructure; and
- an estimate from the contractor of the cost and time to complete the proposed EV infrastructure.
Once complete, the Regulation provides that the strata corporation must decide whether to approve the owner’s request within 3 months.
A strata corporation “must not unreasonably refuse” to approve the request under s. 90.2(4) of the Strata Property Act. This language is intended to limit the discretion of a strata council to refuse the installation of EV charging infrastructure on common property and may force strata corporations to justify their decisions if they deny an owner application.
Unreasonable denials would be contrary to the Strata Property Act and may be subject to legal action in Court or the Civil Resolution Tribunal.
When contemplating whether to approve or refuse such a request, the strata corporation may consider the following factors listed under s. 90.2:
a) the compatibility of the proposed EV charging infrastructure with
(i) existing EV charging infrastructure in the strata corporation,
(ii) other EV charging infrastructure that may be installed by the strata corporation or another owner, and
(iii) any system the strata corporation uses, or plans to use, to manage electricity used by EV charging infrastructure; or
b) the capacity of, and current and anticipated demands on, the strata corporation’s electrical system
This is not an exhaustive list, but legal advice should be sought before denying a request for EV installation – especially if denying based on a factor not listed above.
Given the above factors, electrical planning reports are intended to be a useful tool in determining if a requested alteration is reasonable or not in a particular case. For example, the reports should inform the owners if there is capacity for the proposed EV infrastructure or if further upgrades would be required to increase capacity.
Although their discretion to deny a request may be somewhat limited, a strata corporation may require owners to agree in writing to reasonable conditions for approval, such as:
a) obtaining the strata corporation prior written approval of any contractors or materials,
b) requiring the owner to modify or replace the proposed EV infrastructure in the event that the strata decides to install its own EV infrastructure, or
c)accept joint and several liability for costs if installation is requested by multiple owners.
If the strata corporation is going to do the work for the owner(s), then the strata corporation may also require that the owners pay an amount that the strata corporation considers sufficient to pay for the work per s. 90.3(2). The prospect of a strata corporation doing an alteration on behalf of an owners is a different model for completing common property renovations, which may give rise to alternative modes of funding such projects. This may be the subject of a future strata alert.
The above list of conditions for a project is not an exhaustive list, but legal advice should be sought before imposing more onerous conditions.
Many strata corporations also have bylaws and alteration agreements setting out other conditions and criteria for approving requests by owners to install EV infrastructure. Assuming such bylaws and agreements are reasonable and consistent with the Bill 22 amendments, they may provide an additional basis for evaluating and conditioning requests. However, if they contradict the new provisions of the Strata Property Act or are unreasonable, they may give rise to legal actions. Strata corporations should seek legal advice about whether their bylaws and alterations agreements should be updated in light of these changes.
Likewise, if no bylaws exist, the strata corporations should consider implementing them with the assistance of legal counsel.
Lesperance Mendes has been representing and advising British Columbia strata corporations, strata owners, and strata managers since 1997. To find out more about our strata property law practice, contact any member of our strata property law practice group: Paul Mendes, Sat Harwood, Alex Chang, or Amanda Magee.
THIS ARTICLE IS NOT LEGAL ADVICE: This article provides general information and should not be relied upon without independent legal advice with respect to the specific facts of your case.