Bill Text: IL HB3975 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Common Interest Community Association Act. Provides that any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a common interest community, and any provision of a community instrument that either effectively prohibits or unreasonably restricts the installation or use of an electric vehicle charging station or an electric vehicle dedicated time-of-use (TOU) meter, is void and unenforceable. Provides that if approval is required for the installation or use of an electric vehicle charging station or electric vehicle dedicated TOU meter, the application for approval shall be processed and approved by the association in the same manner as an application for approval of an architectural modification to the property. Provides requirements for an electric vehicle charging station or electric vehicle dedicated TOU meter placed in a common area or an exclusive use common area. Provides that the association may install an electric vehicle charging station or electric vehicle dedicated TOU meter in the common area for the use of all members of the association and all unit owners. Provides that an association that willfully violates the provisions is liable to the unit owner for actual damages and shall pay a civil penalty to the unit owner in an amount not to exceed $1,000.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB3975 Detail]

Download: Illinois-2021-HB3975-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB3975 Introduced , by Rep. Kambium Buckner SYNOPSIS AS INTRODUCED:
765 ILCS 160/1-71 new
765 ILCS 160/1-72 new
Amends the Common Interest Community Association Act. Provides that any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a common interest community, and any provision of a community instrument that either effectively prohibits or unreasonably restricts the installation or use of an electric vehicle charging station or an electric vehicle dedicated time-of-use (TOU) meter, is void and unenforceable. Provides that if approval is required for the installation or use of an electric vehicle charging station or electric vehicle dedicated TOU meter, the application for approval shall be processed and approved by the association in the same manner as an application for approval of an architectural modification to the property. Provides requirements for an electric vehicle charging station or electric vehicle dedicated TOU meter placed in a common area or an exclusive use common area. Provides that the association may install an electric vehicle charging station or electric vehicle dedicated TOU meter in the common area for the use of all members of the association and all unit owners. Provides that an association that willfully violates the provisions is liable to the unit owner for actual damages and shall pay a civil penalty to the unit owner in an amount not to exceed $1,000.
LRB102 02583 LNS 12586 b
A BILL FOR
HB3975 LRB102 02583 LNS 12586 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Common Interest Community Association Act
is amended by adding Sections 1-71 and 1-72 as follows:
(765 ILCS 160/1-71 new)
Sec. 1-71. Electric vehicle charging stations.
(a) Any covenant, restriction, or condition contained in
any deed, contract, security instrument, or other instrument
affecting the transfer or sale of any interest in a common
interest community and any provision of a community instrument
that either effectively prohibits or unreasonably restricts
the installation or use of an electric vehicle charging
station within a unit owner's unit or in a designated parking
space, including, but not limited to, a deeded parking space,
a parking space in a unit owner's exclusive use common area, or
a parking space that is specifically designated for use by a
particular unit owner, or is in conflict with this Section is
void and unenforceable.
(b) This Section does not apply to provisions that impose
reasonable restrictions on an electric vehicle charging
station. However, it is the policy of this State to promote,
encourage, and remove obstacles to the use of an electric

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vehicle charging station.
(c) An electric vehicle charging station shall meet
applicable health and safety standards and requirements
imposed by State and local authorities, and all other
applicable zoning, land use, or other ordinances or land use
permits.
(d) If approval is required for the installation or use of
an electric vehicle charging station, the application for
approval shall be processed and approved by the association in
the same manner as an application for approval of an
architectural modification to the property, and shall not be
willfully avoided or delayed. The approval or denial of an
application shall be in writing. If an application is not
denied in writing within 60 days from the date of receipt of
the application, the application shall be deemed approved
unless the delay is the result of a reasonable request for
additional information.
(e) If the electric vehicle charging station is to be
placed in a common area or an exclusive use common area, as
designated in the common interest community's bylaws, the
following applies:
(1) The unit owner shall first obtain approval from
the association to install the electric vehicle charging
station and the association shall approve the installation
if the unit owner agrees in writing to:
(i) comply with the association's architectural

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standards for the installation of the electric vehicle
charging station;
(ii) engage a licensed contractor to install the
electric vehicle charging station;
(iii) within 14 days of approval, provide a
certificate of insurance that names the association as
an additional insured party under the unit owner's
insurance policy; and
(iv) pay for both the costs associated with the
installation of and the electricity usage associated
with the electric vehicle charging station.
(2) The unit owner, and each successive unit owner, of
the electric vehicle charging station shall be responsible
for:
(i) costs for damage to the electric vehicle
charging station, common area, exclusive use common
area, or separate interests resulting from the
installation, maintenance, repair, removal, or
replacement of the electric vehicle charging station;
(ii) costs for the maintenance, repair, and
replacement of the electric vehicle charging station
until it has been removed and for the restoration of
the common area after removal;
(iii) the cost of electricity associated with the
electric vehicle charging station; and
(iv) disclosing to prospective unit owners the

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existence of any electric vehicle charging station of
the unit owner and the related responsibilities of the
unit owner under this Section.
(3) The unit owner of the electric vehicle charging
station, whether located within a separate unit or within
the common area or exclusive use common area, shall, at
all times, maintain a liability coverage policy. The unit
owner that submitted the application to install the
electric vehicle charging station shall provide the
association with the corresponding certificate of
insurance within 14 days of approval of the application.
The unit owner, and each successive unit owner, shall
provide the association with the certificate of insurance
annually thereafter.
(4) A unit owner is not required to maintain a
homeowner liability coverage policy for an existing
National Electrical Manufacturers Association standard
alternating current power plug.
(f) Except as provided in subsection (g), the installation
of an electric vehicle charging station for the exclusive use
of a unit owner in a common area that is not an exclusive use
common area shall be authorized by the association only if the
installation in the unit owner's designated parking space is
impossible or unreasonably expensive. In such cases, the
association shall enter into a license agreement with the unit
owner for the use of the space in a common area, and the unit

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owner shall comply with all of the requirements in subsection
(e).
(g) The association may install an electric vehicle
charging station in the common area for the use of all members
of the association and all unit owners. The association shall
develop appropriate terms of use for the electric vehicle
charging station.
(h) An association may create a new parking space where
one did not previously exist to facilitate the installation of
an electric vehicle charging station.
(i) An association that willfully violates this Section is
liable to the unit owner for actual damages and shall pay a
civil penalty to the unit owner in an amount not to exceed
$1,000.
(j) In an action by a unit owner requesting to have an
electric vehicle charging station installed and seeking to
enforce compliance with this Section, the court shall award
reasonable attorney's fees to the prevailing plaintiff.
(k) For purposes of this Section:
"Electric vehicle charging station" means a station that
delivers electricity from a source outside an electric vehicle
into one or more electric vehicles. "Electric vehicle charging
station" may include several charge points simultaneously
connecting several electric vehicles to the station and any
related equipment needed to facilitate charging plug-in
electric vehicles.

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"Reasonable restrictions" means restrictions that do not
significantly increase the cost of the station or
significantly decrease its efficiency or specified
performance.
(765 ILCS 160/1-72 new)
Sec. 1-72. Electric vehicle dedicated TOU meters.
(a) Any covenant, restriction, or condition contained in
any deed, contract, security instrument, or other instrument
affecting the transfer or sale of any interest in a common
interest community and any provision of a community instrument
that either effectively prohibits or unreasonably restricts
the installation or use of an electric vehicle dedicated TOU
meter or is in conflict with this Section is void and
unenforceable.
(b) This Section does not apply to provisions that impose
reasonable restrictions on the installation of an electric
vehicle dedicated TOU meter. However, it is the policy of this
State to promote, encourage, and remove obstacles to the
effective installation of an electric vehicle dedicated TOU
meter.
(c) An electric vehicle dedicated TOU meter shall meet
applicable health and safety standards and requirements
imposed by State and local authorities and all other
applicable zoning, land use, or other ordinances or land use
permits.

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(d) If approval is required for the installation or use of
an electric vehicle dedicated TOU meter, the application for
approval shall be processed and approved by the association in
the same manner as an application for approval of an
architectural modification to the property, and shall not be
willfully avoided or delayed. The approval or denial of an
application shall be in writing. If an application is not
denied in writing within 60 days from the date of receipt of
the application, the application shall be deemed approved
unless the delay is the result of a reasonable request for
additional information.
(e) If the electric vehicle dedicated TOU meter is to be
placed in a common area or an exclusive use common area, as
designated in the common interest community's bylaws, the
following applies:
(1) The unit owner shall first obtain approval from
the association to install the electric vehicle dedicated
TOU meter and the association shall approve the
installation if the unit owner agrees in writing to:
(i) comply with the association's architectural
standards for the installation of the electric vehicle
dedicated TOU meter; and
(ii) engage the relevant electric utility to
install the electric vehicle dedicated TOU meter and,
if necessary, a licensed contractor to install the
wiring or conduit necessary to connect the electric

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meter to an electric vehicle charging station, as
defined in Section 1-71.
(2) The unit owner, and each successive unit owner, of
an electric vehicle dedicated TOU meter shall be
responsible for:
(i) costs for damage to the electric vehicle
dedicated TOU meter, common area, exclusive use
common area, or separate interests resulting from
the installation, maintenance, repair, removal, or
replacement of the electric vehicle dedicated TOU
meter;
(ii) costs for the maintenance, repair, and
replacement of the electric vehicle dedicated TOU
meter until it has been removed and for the
restoration of the common area after removal; and
(iii) disclosing to prospective unit owners
the existence of any electric vehicle dedicated
TOU meter of the unit owner and the related
responsibilities of the unit owner under this
Section.
(f) The association may install an electric vehicle
dedicated TOU meter in the common area for the use of all
members of the association and all unit owners. The
association shall develop appropriate terms of use for the
electric vehicle dedicated TOU meter.
(g) An association that willfully violates this Section is

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liable to the unit owner for actual damages and shall pay a
civil penalty to the unit owner in an amount not to exceed
$1,000.
(h) In an action by a unit owner requesting to have an
electric vehicle dedicated TOU meter installed and seeking to
enforce compliance with this Section, the court shall award
reasonable attorney's fees to the prevailing plaintiff.
(i) For purposes of this Section:
"Electric vehicle dedicated TOU meter" means an electric
meter supplied and installed by an electric utility that is
separate from, and in addition to, any other electric meter
and is devoted exclusively to the charging of electric
vehicles, and that tracks the time of use (TOU) when charging
occurs. "Electric vehicle dedicated TOU meter" includes any
wiring or conduit necessary to connect the electric meter to
an electric vehicle charging station, as defined in Section
1-71, regardless of whether it is supplied or installed by an
electric utility.
"Reasonable restrictions" means restrictions based upon
space, aesthetics, structural integrity, and equal access to
electric vehicle dedicated TOU meter services for all unit
owners. "Reasonable restrictions" does not include an
association's refusal to find a reasonable way to accommodate
the installation request unless the association would need to
incur an expense.