HOA EV charger law in California: Civil Code 4745 and how to ask

Condo and townhome owners often hear “the HOA does not allow chargers.” In California that answer is rarely complete. Civil Code 4745 sets the rules, and it favors the owner who asks the right way.

This page explains the law in plain terms. It is not legal advice. For a dispute, talk to a lawyer who handles HOA matters. Check the current text on leginfo.legislature.ca.gov before you rely on a detail.

What 4745 says

• No bans. Any deed, contract or governing-document rule that effectively prohibits or unreasonably restricts a charger in your unit or your designated parking space is void and unenforceable.
• Reasonable rules are allowed. A restriction is reasonable if it does not significantly raise the cost or lower the efficiency or performance of the station.
• Codes still apply. The charger must meet health and safety standards and local zoning and land use rules. It must be built to the California Building Standards Code.
• Written decision, 60-day clock. If approval is required, the association must handle the request like an architectural modification, without willful delay, and decide in writing. A request not denied in writing within 60 days is deemed approved, unless the delay came from a reasonable request for more information.
• Penalty. An association that willfully violates the section can be liable for damages. A homeowner who wins a court action to enforce the section can recover reasonable attorney fees.

Three places a charger can go

Your unit or your deeded space. The simplest case. The association can regulate how the work looks and may require approval, but it cannot refuse the charger.

An exclusive-use common area. This is often the assigned carport stall or garage in a condo. The association must approve the charger if the owner agrees in writing to terms listed in 4745. Those terms include following the association’s architectural standards, hiring a licensed contractor, giving the association a certificate of insurance within 14 days of approval, and paying for installation and electricity. The owner is responsible for damage, maintenance, removal and restoration, and must disclose the station to a buyer. Liability coverage must stay in place, with annual certificates.

A general common area. Section 4745 allows an installation for one owner’s exclusive use in a general common area only if installing in the owner’s designated space is impossible or unreasonably expensive. A license agreement is required, and the same owner terms apply. The association or owners may also install a shared charger in the common area for all members, and the association sets the terms of use. An association may create a new parking space to support a charger.

How to send the request

1. Locate the space. Your plat map or CC&Rs usually show whether the stall is your own or exclusive-use common area.
2. Ask for the process. Request the architectural application form and any charger rules. Ask in writing and keep a copy.
3. Get a scope from an electrician. The board will want to see the charger model, the circuit size, where the conduit runs and where the panel is. A load calculation shows whether the building’s service can carry it. The HOA and condo charger page explains the usual routes for wiring through common walls.
4. Submit and record the date. Send by a method that proves receipt. The 60 days start when the association receives the request.
5. Answer questions fast. Delay caused by a reasonable request for information stops the clock, so answer promptly and in writing.
6. Sign the common-area terms. If the space is common area, expect a short agreement that tracks the 4745 conditions.
7. Permit and inspect. Government Code 65850.7 bars a city from making HOA approval a condition of the charger permit. The electrician pulls the permit, and the inspector checks the circuit. Read the permit guide and the AB 1236 guide.

Wiring is often the hard part

In many condo buildings, the electrical room is far from the stall, the meter bank is shared and the building service is already near its limit. Load management, a dedicated sub-meter or a lower-amp charger can solve it without a service upgrade. Ask the electrician to compare these. Typical SoCal installed range for a Level 2 charger is about $1,000 to $2,000 as of October 2026, and long conduit runs push it higher; see the cost page.

If the board stalls

Keep a dated paper trail. Cite 4745 in a short letter that states the date of receipt and the 60-day deadline. If the board still refuses, a lawyer can explain the remedies in 4745, including the civil penalty and fee recovery. Boards that serve apartment or mixed-use properties can read the multifamily and HOA charging page.