By Dalia Yonadam -
Changes to the Condominium Act, 1998 (the “Act”), introduced processes for both condominium corporations and for residents to obtain approval to install electric vehicle charging stations (“EVCS”).
Please note that a condominium corporation is exempt from section 97 of the Act in relation to an EVCS if all or any part of the system is situated on the property or an asset of the corporation and if the installation of the system is made by the corporation and is carried out in accordance with the process(es) as set out in the regulations.
Installation by the Condominium Corporation
If a condominium corporation wants to install EVCS in or on the common elements, the costs of which are considered to be common expenses, it may be required to provide owners with an opportunity to vote on the installation or it may be able to proceed without a vote of the owners.
Can our condominium corporation proceed without a vote of the owners?
For the condominium corporation to determine whether it can proceed with the installation of EVCS with or without the vote of the owners, it must first conduct an assessment of the costs of the proposed installation. Depending on this determination, the condominium corporation can only proceed with the proposed installation without a vote of the owners if:
the estimated cost of the proposed installation is less than 10% of the annual budgeted common expenses for the current fiscal year (the “budget”); and,if in the reasonable option of the board, the owners would not regard the proposed installation as causing a material reduction or elimination of their use or enjoyment of the units that they own or the common elements or assets, if any, of the condominium corporation
If these two requirements are met, the condominium corporation can proceed with the installation without a vote of the owners. However, the condominium corporation must still send a notice to the owners that:
describes the proposed installation; and,contains a statement that in the reasonable opinion of the board, the owners would not regard the proposed installation as causing a material reduction or elimination of their use or enjoyment of the units that they own or the common elements or assets, if any, of the condominium corporation,contains a statement of the estimated costs and the manner in which the condominium corporation proposes to pay such costs; and,all other information that the bylaws of the condominium corporation require to be included in the notice.
The condominium corporation may proceed with the installation of the EVCS after at least 60 days have passed since it sent the notice to the owners.
What if the costs of the proposed installation are greater than 10% of the budget, or the board believes that the owners would consider the installation of the EVCS to be a material reduction or elimination of their use or enjoyment of their units or the common elements?
The condominium corporation must provide the owners with an opportunity to requisition a meeting to vote on the proposed installation.
The condominium corporation must send a notice to the owners that:
describes the proposed installation;contains a statement of the estimated costs and the manner in which the condominium corporation proposes to pay such costs;contains a statement that in the reasonable opinion of the board, the owners would regard the proposed installation as causing a material reduction or elimination of their use or enjoyment of the units that they own or the common elements or assets, if any, of the condominium corporation,specifies that the owners have a right to requisition a meeting of owners, in accordance with section 46 of the Act which in 60 days of receiving the notice;contains a copy of section 46 of the Act and section 24.2 of the Regulation; and,all other information that the bylaws of the condominium corporation require to be included in the notice.
If a meeting is requisitioned, then the condominium corporation can proceed with the installation if:
the majority of votes cast are in favour of the installation; or,quorum at the requisitioned meeting was not met.
Please note that if the condominium corporation will be conducting the installation, all costs with respect to the EVCS are considered common expenses to the condominium corporation.
Installation by an Owner
If an owner would like to install an EVCS, than he/she must make an application to the condominium corporation which must:
be in writing;identify the owner and the owner’s address for service;be signed by the owner; and,include drawings, specifications or information with respect to the proposed installation.
Please note that if an owner has questions or requests information in order to submit an application, then the condominium corporation has to respond as soon as reasonably possible. Furthermore, if the application is missing information, the condominium corporation can’t take that opportunity to reject the application but rather, it has a duty to inform the owner of the missing information as soon as reasonably possible.
The condominium corporation must advise the owner of its decision within 60 days of receiving a complete application and can only reject the application for limited reasons and must be based on professional opinion that must be disclosed to the owner making the application (except where the opinion contains information about another unit or owner):
(1) the installation will violate another law;
(2) the installation will affect the structural integrity of the property or assets; or,
(3) installation will post a serious risk to health and safety or damage to property or assets.
The agreement for installation of an EVCS must be entered into within 90 days of accepting the application.
Who pays for the installation if the owner requested it?
The owner is responsible for the costs of the installation of the EVCS, whether it is carried out by the owner or the condominium corporation, unless otherwise agreed upon.
What if disagreements arise, can we go to court?
Disputes with respect to EVCS can only be resolved by mediation and arbitration pursuant to s.132 of the Act. Either or both of mediation and arbitration have to be initiated within 6 months of the board declining the application.