HB5332 97TH GENERAL ASSEMBLY

LRB097 17543 AJO 62748 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5332

Introduced 2/8/2012, by Rep. Naomi D. Jakobsson

SYNOPSIS AS INTRODUCED:

New Act

Creates the Homeowners' Electric Vehicle Act. Provides that: the Act applies only to electric vehicle charging systems at homes or in common areas; a homeowners' association, property owners' association, or condominium unit owners' association must adopt an electric vehicle charging policy regarding the location, design, and architectural requirements of electric vehicle charging systems within 120 days after the association receives a request for a policy or an application from an association member; and an application for approval, if required, must be acted upon within 90 days after the time of application or, if a policy is not then in place, then 90 days after the policy is adopted. Provides that an entity, other than a public entity, that willfully violates the Act is liable for damages, but an entity that complies with the Act is not liable to to any other resident or third party. Provides that the prevailing party in an action under the Act is entitled to attorney's fees and costs.

A BILL FOR

AN ACT concerning associations.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Homeowners' Electric Vehicle Act.

Section 5. Legislative intent. The legislative intent in enacting this Act is to protect the public health, safety, and welfare by encouraging the development and use of electric vehicles and electric vehicle charging systems in order to conserve and protect the value of land, buildings, and resources by preventing the adoption of measures which will have the ultimate effect, however unintended, of preventing the use of electric vehicles by any person residing at a home that is subject to a homeowners' association, common interest community association, or condominium unit owners' association.

Section 10. Definitions. In this Act:

"Electric vehicle" has the meaning ascribed to that term in the Electric Vehicle Act.

"Electric vehicle charging system" means:

(1) a complete assembly, structure, or design of an electric vehicle charging mechanism, which provides electricity for use in charging an electric vehicle; and

(2) the design, materials, or elements of an electric vehicle charging system and its maintenance, operation, and labor components, and the necessary components, if any, of supplemental conventional energy systems designed or constructed to interface with an electric vehicle charging system.

Section 15. Associations; prohibitions. Notwithstanding any provision of this Act or other provision of law, the adoption of a bylaw or exercise of any power by the governing entity of a homeowners' association, common interest community association, or condominium unit owners' association which prohibits or has the effect of prohibiting the ownership of an electric vehicle, prohibiting the continuous charging of an electric vehicle, or prohibiting the installation of a electric vehicle charging system is expressly prohibited.

Section 20. Deed restrictions; covenants. No deed restrictions, covenants, or similar binding agreements running with the land shall prohibit or have the effect of prohibiting the use or ownership of an electric vehicle or the installation or operation of an electric vehicle charging system from being installed on a building erected on a lot or parcel covered by the deed restrictions, covenants, or binding agreements if the building is subject to a homeowners' association, common interest community association, or condominium unit owners' association. A property owner may not be denied permission to install an electric vehicle charging system by any entity granted the power or right in any deed restriction, covenant, or similar binding agreement to approve, forbid, control, or direct alteration of property. However, for purposes of this Act, the entity may determine the specific location where an electric vehicle charging system may be installed. Within 120 days after a homeowners' association, common interest community association, or condominium unit owners' association receives a request for a policy or an application from an association member, the association shall adopt an electric vehicle charging system policy or amend an existing energy policy regarding: (i) the location, design, and architectural requirements of an electric vehicle charging system; and (ii) whether an association member may use an electric outlet in a common area and the means for payment of the electricity in a common area, and, if so, the location, design, and architectural requirements of a system in a common area. An association shall disclose, upon request, its electric vehicle charging system policy and shall include the policy in its homeowners' association, common interest community association, or condominium unit owners' association declaration, bylaws, or policies.

Section 25. Standards and requirements. An electric vehicle charging system shall meet applicable standards and requirements imposed by State and local permitting authorities.

Section 30. Application for approval. Whenever approval is required for the installation or use of an electric vehicle charging system, the application for approval shall be processed by the appropriate approving entity of the association within 90 days after the submission of the application. However, if an application is submitted before an electric vehicle charging system policy is adopted by an association, the 90-day period shall not begin to run until the date that the policy is adopted.

Section 35. Violations. Any entity, other than a public entity, that willfully violates this Act shall be liable to the applicant for actual damages occasioned thereby and for any other consequential damages. Any entity that complies with the requirements of this Act shall not be liable to any other resident or third party for such compliance.

Section 40. Costs; attorney's fees. In any litigation arising under this Act, the prevailing party shall be entitled to costs and reasonable attorney's fees.