Bill
SB 1267
The bill shields associations from liability for owner-installed EV charging stations in common areas if owners meet specified insurance, maintenance, and indemnity requirements.
Title: Common interest developments: electric vehicle charging stations owned by members in common areas
Date of Latest Action: Passed out of committee and scheduled for hearings in spring 2026; amended March 26, 2026. Effective date and final status depend on enactment.
Purpose and intent
- Clarify and expand civil liability protections for associations that comply with existing rules governing electric vehicle (EV) charging stations in common interest developments (CIDs), while imposing specific duties and costs on owners and installers.
- The bill expresses the Legislature’s intent to provide civil liability protection to associations for injuries and damages arising from EV charging stations that the association does not own, except as otherwise specified.
Key provisions and changes
- Civil Code 4745 amendments (core provisions):
- Unlawful restrictions: Prohibits prohibiting or unreasonably restricting installation or use of EV charging stations in a CID, including in an owner’s unit, designated parking space, exclusive-use common area, or other designated spots. Prohibition is void and unenforceable, with allowances for reasonable restrictions.
- Reasonable restrictions: Restrictions are allowed if they do not significantly increase cost or reduce efficiency/performance.
- Standards and permits: EV charging stations must meet health, safety, and local zoning requirements.
- Definition: An EV charging station is built to California Building Standards Code and can have multiple charge points.
- Approval processes: Applications for installation must be processed and approved by the CID association in the same manner as architectural modifications; written decisions required; deemed approved if not denied within 60 days absent a reasonable information request.
- Installation in common areas (subdivision (f)):
- Owner must obtain association approval and meet requirements, including:
- Written agreement to: (i) follow architectural standards; (ii) hire a licensed contractor; (iii) within 14 days of approval, furnish a certificate of insurance; (iv) pay all installation and electricity costs.
- If requested, sign a maintenance and indemnity agreement transferring liability from the association to the owner for injuries or damages.
- Financial and operational responsibilities for owners and successors:
- Costs for damage to the station, common areas, exclusive-use areas, or other interests resulting from installation, maintenance, repair, removal, or replacement.
- Costs of maintenance, repair, and replacement until removal, and restoration of the common area after removal.
- Electricity costs associated with the charging station.
- Required disclosure to prospective buyers about the charging station and owner responsibilities.
- Insurance: The charging station owner must maintain liability coverage; provide the association with a certificate of insurance within 14 days of approval and annually thereafter.
- Installer liability: Installers must indemnify or reimburse the association or its members for loss or damage caused by installation, maintenance, or use.
- Exclusive-use vs. common area:
- Generally, installation for exclusive use in a non-exclusive-use common area requires association authorization and adherence to (f) requirements unless installation in the owner’s designated parking space is impossible or unreasonably expensive (then a license agreement may be used).
- The association may install a charging station in the common area for use by all members and establish terms of use.
- New parking spaces: An association may create new parking spaces to facilitate charging station installation.
- Penalties and fees:
- Willful violation: Association liable for actual damages plus civil penalty up to $1,000.
- Prevailing party fees: In homeowner actions to enforce compliance, the prevailing plaintiff may be awarded reasonable attorney’s fees.
- Civil liability protection: Absent gross negligence by the association, the bill aims to shield associations that comply with these provisions from civil liability for injuries or damages arising from an EV charging station they do not own.
Who is affected
- Homeowners and owners of separate interests within CIDs who install EV charging stations in common areas or exclusive-use areas.
- Associations governing common-interest developments, which must respond to approvals, insurance, maintenance obligations, and indemnity arrangements.
- Installers and contractors: required to indemnify or reimburse the association or members for damages caused by installation, maintenance, or use.
- Buyers/potential buyers: must be informed about the existence and responsibilities related to charging stations.
Procedural and timeline notes
- Legislative history (highlights):
- Introduced February 19, 2026.
- Referred to Housing and Judiciary committees; amended and re-referred in March 2026.
- Set for hearing in April 2026 with committee actions indicating favorable moves (Do Pass; re-refer to Judiciary; later to Consent Calendar).
- No specific appropriation; no new state funding required stated in digest.
- Effective date: Not specified in the provided text; as a Civil Code amendment, it would typically become operative upon enactment and may include standard sunset or phased applicability not listed here.
Impact considerations
- Potential to streamline and protect associations from liability when EV charging stations are installed in CID common areas, provided owners meet conditions (insurance, maintenance, indemnity where requested).
- Shifts financial responsibilities (installation costs, electricity, maintenance, and liability) to owners and successors rather than the association.
- Increases clarity for homeowners and buyers about charging station obligations and disclosures.
This summary reflects the text as amended and the bill’s stated intent. Final enactment would depend on the legislative process and any further amendments.
Compiled from official sources — confirm details with the bill’s official record.
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