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EV Update

Posted by Robert E. Ducharme | Jul 06, 2023 | 0 Comments

About two years ago I wrote column about the use of electric vehicles (EVs) and Electric Vehicle Charging Stations (EVCS). EVs have become more common and more problems have arise, so it's time to revisit this and give some suggestions based upon some information you may not yet know.1

Tesla prices are down (and this was before the DOGE blowback the company suffered), other EV companies are increasing production. China, for instance is now the world's largest EV manufacturer with 12.4 million of them produced in 2024. More and more companies are getting into the market; batteries are producing more and more mileage between charges; and some people simply want them instead of gas engines.

Simply put, EVs are becoming ubiquitous. If they are not in your condominium association yet, they will be, so it's best to spot understand the issues now and create policies to address them now rather than in a hurry when the first on shows up.

First, it's important to note that as of earlier this year only seventeen states had laws that require EVs to be allowed in condominium associations. New Hampshire is not one of them. (Yet?) Until that happens, if an Association wishes to ban them, it can do so. If one is passed in coming years, whether you will be able to ban them depends upon how the legislation is worded. For instance, if the legislation allows them, but says only that but does not require Associations to allow them, then the choice is the Association's just as every tow allows pets, but associations can ban them, if it wishes.

If an Association wishes to allow them, or the State mandates they be accepted in condominium associations, you need a policy to deal with them.

Some will push back on any such regulations. As one owner has indicated, EV fires, in the absence of a charging station, are rare. The may well be true, but so are fires from grills, yet some associations ban them; more insurance companies are refusing to insure associations that don't ban them; and towns and associations have rules about how far away from structures they have to be.

One of the EV myths is that because fires are rare, they are safe, but that's not quite the case because the smoke is worse. When the EV charging station overheats, hydrochloric acid is released which can create a deadly chemical cocktail. This happens when sparks occur or, more commonly, when someone goes to put out the fire. When water hits the cathodes, it creates smoke. It is complex and scientifically much different than a regular fire. It can and has caused evacuations for ended periods of time from condominium associations, particularly in flats or garden style condominiums where they are stacked on top of one another. And the fires themselves are exponentially hotter and require more water and foam to put out, creating more stress on the laical fire department which may not be well versed in squelching e-fires.

For instance e-fires are hard to extinguish. There are documented cases of emergency personnel responding to an EV fire, putting it out and many hours later it reignites.

The whole point is, as with most of life and life mostly in condominium association, is to be reasonable in regulations, but life and safety issues have to be the first focus.

So what to do? Be reasonable and try and work with your fellow owners.

If they with to have an EV and a charging station, the steps are more numerous.

  • Need a certified engineer to come on site and decide where and whether it can be installed.

      • Be wary of the contractor who is not an engineer and claims they can be installed anywhere.

      • Have the engineer determine how often the charging station is to be maintained.

      • Once approved installation should only be done by a licensed contractor or electrician

      • Have the Owner sign a Agreement that the Unit Owner s/he is responsible for its installation, costs and any removal

        • This then gets recorded in the registry of deeds so subsequent owners are responsible.

  • Check with your insurance carrier and if the associations' insurance premium is going to rise, that increase is to be assessed to the Unit.

  • Require the owner to name the association as an additional insured on their policy

  • Have language in the agreement that notes the association ca assess the owners the costs of any damage ot hte common area

  • The charging station must be separately metered for electricity, so all such increased costs are borne by the owner and not the association.

  • The cost of installing and maintaining any EVCS is tax of the Owner and any increase in electric

  • Do not allow charging overnight. (30% of EV fires are caused by overcharging.)

(Remember, figuratively ducking your collective head as a board of directors is not going to work because EVS and the requests for EV stations, covered in the earlier article (email me if you'd like a copy of it) explained how to deal with an EVCS request.

But if it's just a request to park an EV in your association and not to charge it there, and your association is comfortable with allowing it an enclosed garage in a townhouse community, or in an underground, shared garage in a flats condominium association, there are a few things to think about:

The good news is if the owner simply wants to use the underground garage for

If your Town cannot adequately use the concerns of the owners about how it can contain and exitiguihs can try and create policy to work with owners to And if it does allow them at some point,

Incorrect installation and manufactuer defect,

So there's a lot more to think about and worry about.

And they can and do reignite.

Umber one recommendation of one seaport is never charge indoors.

If so, need special sprinkler system approved and checked by local fire department.

Then there are the practical issues. Tesla has one type of charging station, Ford another, and others have others, so how man different one do you install on the common area, and what happened when they switch from Tesla to Ford, for example, and they want a ford charging station.

Liability issues:

  • Structural Integrity during installation, such as drilling through a concrete wall.

  • Electrocution hazard. The further the car is away from the EV charging station, the loner the electrical line, creating increased danger the farther away it is.

  • Black Mass = chemical toxicity and residue pollution.

  • Safety to residents … and first responders.

  • Sprinkler issues

  • Smoke is worse due to toxic gas emissions

  • Rigntion of fire (even on tow trucks, weeks later.

  • Contamination and intensive remediation.

  • Post fire drainage and/or HVAC concerns due ot black Mass

  • Can't, for instance, use jaws of life in EV cars because of hte electrical lines in them.

It is.a fledgling issue, i.e. not many experts, to make sure installed and maintained properly and how ot remediate. And the stakes are sooo much higher because of hte potential toxicity. (Shockingly, none of this is in the car commercials.)

Fires are exponnentaialy hotter, taking more water and foams.

Can lead to power outages to stop affeciting others, even if you are charging overnight. People need to evacuate. Can't use their car because not charged.

What to do?

Work with tired department (10 to make sure they are set to take care of it and approve installation

Disposal policy, including a covenant, including to dispose of other lithium-ion battery for household batteries.

yes licensed engineers, electricians .. with experience in it as approved by the Baord.

Stacking TVs and place separate from other, gas-powered ones, and what do you do about the one who wants a reasonable accommodation?

IF group of owners appeal to BOD and want Assn to pay for costs as will benefit Assn.

Have to pay for experts, management, lawyers, structural engineers as it is a change to the Common Area. No statist requires an electrical upgrade.

1Much of the infrmation in this article was learned at a wonder CAI seminar entitled —- created by —-. Many, many thanks to them.

About the Author

Robert E. Ducharme

Attorney Robert E. Ducharme is a Seacoast resident whose civil law practice is limited to Condominium Law. Attorney Ducharme has owned and lived in a residential condominium, owns commercial condominiums, has worked as a condominium property manager, and has practiced condominium law since 2000....

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