CCI-Review 2022-23 #2

Electric Vehicle Charging Stations

The Future in Now: EV Charging Stations— Questions and Challenges Electric Vehicle Charging Stations in Condominiums Zero emission vehicles are becoming increasingly popular in Canada, which means that demand for charging stations is also growing. Electric vehicles and hybrids make up 7.7% of the market share in Canada and 4.2% in Ontario, and those numbers are expected to continue rising. (1) Condominium corporations face unique challenges and considerations regarding the installation of charging stations. Here are some of the questions that corporations should be asking when considering the installation of an electric vehicle charging station: Will the installation be for a single charging station for the use of one unit or a set of communal charging stations for use by any resident? The required processes for the installation of a charging station set out in the Condo Act and O. Reg 48/01 vary depending on whether the installation is initiated by a unit owner or by the corporation. Unit owners can request the installation of a single charging station through a written application to the corporation ’ s Board of Directors which eventually culminates in a written agreement for the installation being registered on title for the unit. The installation of a set of communal charging stations by a corporation is slightly more complicated and depends on costs, the impact on the common elements, and, in some cases, the approval of unit owners. We ’ ve created two handy flow charts that briefly summarize the installation approval process for unit owners and corporations. Will the charging station be installed in the unit or on the common elements? Charging stations can be installed within the unit if the unit has a garage where the charging station will be contained. Installation becomes more complicated when the unit has a designated exclusive use common elements parking space or has a parking space registered as a separate legal unit. These kinds of parking spaces require changes to the common elements to facilitate the installation of a charging station and to monitor the use of electricity for the purpose of charging residents to charge their vehicles. What types of chargers can be installed and effectively supported by the corporation ’ s electrical infrastructure? There are three types of charging stations with different requirements for installation. Level 1 chargers are the easiest but slowest to use and simply plug into a regular outlet. Level 2 chargers are most common in private residences and use an outlet similar to those designed for other large appliances like and oven or a dryer. Level 3 chargers are the fastest but cannot be supported by typical residential electrical infrastructure and are mostly seen at public charging stations. Installations in condominium corporations will most likely be Level 2 chargers, but corporations will also have to consider how to monitor Level 1 chargers to ensure that unit owners are complying with regulations

Kristi Sargeant-Kerr , a partner with Scott Petrie LLP, specializes in all aspects of condominium and real estate law, including development, management and litigation as well as the purchase, sale and mortgaging of condominiums. She has extensive experience working with property managers and condominium corporations in and around the region and prides herself on finding reasonable solutions to their complex issues. Kristi is on the Board of Directors of the London and Area Chapter of CCI and is Co- Chair of their Education Committee. She has also been appointed to the Advisory Committee of the Condominium Management Regulatory Authority of Ontario (CMRAO). Kristi was awarded the Leader of the Canadian Condominium Institute (LCCI) designation in October 2022.

Madeleine Stirland joined Scott Petrie LLP in 2020 after completing her Master of Museum Studies degree and working as a museum professional in London and Toronto. She will complete her Paralegal studies in November of 2022 and is looking forward to continuing to work with Kristi on condominium matters, particularly enforcement matters and those before the Condominium Authority Tribunal.

CCI Review 2022/2023 - 2 — November 2022 - 7

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