I was recently listening to my 70’s playlist on Spotify, and the Steve Miller Band’s “Fly Like an Eagle” came on. One of the verses we all know form the song suddenly stuck out to me:
Time keeps on slippin’, slippin’, slippin’ … Into the future
Time indeed does slip … into the future. To wit, it’s already 2024 (where did 2023 go? Or 2022, 2021 and/or 2020 for that matter?). As it pertains to the community association world, what exactly is on the horizon for the future – in 2024 and beyond? Let’s discuss some of the emerging technologies in community associations to see how far we’ve come, and what is coming down the road (pun intended, electric vehicle (EV) joke here).
Electric Vehicles
A couple of years ago, I wrote an article for Community Assets entitled “Plug and Play – Solar Panels and Electric Vehicles in Common Interest Communities” (Nov/Dec 2021 issue). It’s still a very hot topic nationally. While there is currently limited pushback related to EV charging in associations with single family detached units (usually related to aesthetics of installing outside of the unit/garage vs. inside the garage), in stacked condominium and townhome communities it’s been a different story.
The debate about EVs in these communities still relates to how and where electric vehicles will be charged if the vehicle is parked away from the unit because, most of the time, the current infrastructure present in older communities will substantially limit the ability to actually install charging stations in common areas, in addition to association-related logistical, legal and technical issues such as the location of the charging stations, use of parking spaces, deeded spaces, limited available parking, insurance, tremendous expense, disturbance of common facilities and common elements, liability, who will pay for the electricity, commercial EV charging providers on the premises, Level 1, Level 2 and Level 3 charging, and more.
The shift to EVs is rapidly accelerating (another EV pun, intended) as the technology evolves and the cost of EVs continues to decrease. Our industry must proactively figure out how to handle EVs – in old communities and in new communities. It will obviously be much easier to deal with this in new communities where the necessary infrastructure required for EV charging stations is installed at the time the improvements are installed in the units, common areas and common facilities.
I am still not aware of any actual EV legislation that has been formally introduced which would impact community associations in Pennsylvania, but I do believe it’s coming at some point soon, in some manner. And when I say soon, I mean, very soon – PA Senator John I. Kane issued a Co-Sponsorship Memorandum on August 31, 2023 entitled “Residential Electric Car Charging Stations.” Pursuant to the Memorandum:
“I am introducing legislation to allow residents of condominiums and common interest communities to install electric car charging stations in their designated parking spaces. Residents will be responsible for the cost of installing the electric car charging stations. The legislation will bar unreasonable restrictions and enforcement against the use and expansion of electric car charging stations as well as the deliberate disregard of applications. Electric Vehicles have major benefits including improving air quality by lowering emissions and creating new jobs in the manufacture and distribution of these products. That is why leading auto manufacturers including General Motors are ramping up production of electric vehicles and are planning to phase out most gasoline or diesel-powered vehicles. My legislation is modeled after New Jersey’s and New York’s efforts to facilitate the expansion of electric car charging stations. Let’s join our neighboring states in their mission to make electric car ownership hassle-free and accessible. It’s time to take important steps to address climate change while also addressing the barriers that may impeded electric vehicle ownership.”
I’ve asked this before for various issues: shouldn’t we be in front of this issue, rather than behind it? Shouldn’t newresidential construction in Pennsylvania be constructed with the necessary infrastructure to support EV charging stations? Yes, it should.
However, for existing communities with old (aging) infrastructure and other limitations, this will be far more difficult, so any legislation requiring existing Associations to allow EV charging in common area parking situations must be carefully reviewed. If a legislator is reading this article and is considering going down this road (pun intended – EV joke # 3) with respect to existing communities, I would recommend that the legislature identify and/or create funding sources (i.e., state energy grants) which community associations could utilize to install the required infrastructure for EV charging. I am happy to discuss this with any legislator that wants to listen.
Solar Energy
Currently, 29 states (including neighboring New Jersey and Delaware) and the District of Columbia have laws which serve to prohibit association covenants or restrictions from applying to homeowners who seek to install solar panels and associated devices on their homes. Twelve more states have laws that protect easements and their establishment on a legal contractual basis without having an express solar rights law in effect. While Pennsylvania currently has no such solar law(s) in effect, solar panel legislation which would impact community associations has previously been introduced multiple times: Senate Bill 1039 – Residential Rights to Solar Energy (2017-2018 Session); Senate Bill 436 – Removing Obstacles to Residential Rights to Solar Energy (2019-2020 Session); and Senate Bill 826 – Ensuring All Residential Homeowners have Access to Solar Energy (2021-2022 Session). The common theme exhibited in the first two Senate Bills is that community associations would not be permitted to prohibit or restrict the installation or use of a solar energy system on a detached unit.
Senate Bill 826 (from the 2021-2022 Session), took it one step further to provide that Associations would not be permitted to prohibit or would not be permitted to prohibit or restrict the installation or use of a solar energy system on a detached roof or a townhouse unit. Currently, in the 2023-2024 Session, similar legislation has been introduced – Senate Bill 31 and House Bill 1759 – Solar Energy Systems. This legislation, as proposed, provides that a community association may not prohibit or restrict the installation or use of a solar energy system on a detached roof or a townhouse unit for which the repair of the of the unit is an owner responsibility and not the responsibility of the community association.
Thus, all of the bills that were previously introduced, as well as the current session’s bills, focus on preventing community associations from prohibiting or restricting the installation or use of a solar energy system on units in the community association. If solar is indeed the future, why are legislators still focusing on preventing associations from acting in some way? Because most community associations (the Boards and/or the owners) still do not want solar in the community and/or do not want to deal with solar issues in any way. Just like the EV issue we just discussed – shouldn’t we be in front of the issue, rather than always behind it? Community associations must begin to reconsider how they look at solar issues because it’s coming, and there will be no looking back.
Management Software
I know, I’m the community association attorney – what do I know about management software? We work with manymanagement companies in representing the interests of our mutual community association clients all over Pennsylvania, and we see that management software solutions have been evolving, and rapidly. Using the latest software solutions, community association managers and staff can:
Take payments electronically;
Perform site visits and issue violation notices, with photographs, immediately from their smartphones;
Communicate directly, and instantaneously, with all of the unit owners in the community via a communication portal and/or email blast; and
Communicate with vendors regarding association issues.
Management is also able to offer mobile apps to end user unit owners to be able to view their owners portals and communicate directly with the management regarding their accounts, and notify management of any complaints, issues or violations. Board members can also utilize mobile apps to view and conduct Board business, which was unheard of only a few years ago.
Technology is therefore allowing management to do its job better – and faster – than ever before. Expect to see even more positive changes happen in this area in 2024 and beyond.
Electronic Voting and Meetings
At some point, electronic voting and meetings in community associations will be the norm, not the exception, in Pennsylvania. While we still need to work out the wrinkles statutorily for existing communities in Pennsylvania, the Bylaws that are being drafted for new communities in Pennsylvania already reflect the change to allow emerging, electronic technologies to be utilized for voting and/or meetings (Board and/or association). These technologies, as they exist today, were not really being utilized in community associations even just five years ago – yet, today, they have become the norm.
Social Media
In a nutshell, to say that social media has changed the community association landscape is an understatement, and to say that the use of social media in community associations has drastically changed (whether good, bad, ugly or indifferent) is an even bigger understatement. Social media can be used by community associations in a positive manner, and it can also have negative implications (i.e., unofficial social media pages/online presences which are not run by the association). At the end of the day, social media use in community associations is not going away.
I have been discussing social media issues for well over a decade, and one thing that is clear is that social media issues continue to evolve. To say that media has changed the community association landscape is an understatement, and to say that the use of social media in community associations has drastically changed (whether good, bad, ugly or indifferent) is an even bigger understatement. Social media can be used by community associations in a positive manner, and it can also have negative implications (i.e., unofficial social media pages/online presences which are not run by the association). At the end of the day, social media use in community associations is not going away. Be prepared for it, and handle it appropriately.
– Edward Hoffman, Jr., Esq., CCAL
* This Blog post by the author was originally published in the Jan/Feb 2024 issue of Community Assets Magazine, a publication of CAI’s Keystone Chapter.
Many clients of Hoffman Law LLC are aware that Ed Hoffman serves as the current Chair of the Community Associations Institute (CAI) Pennsylvania Legislative Action Committee (PA LAC) and have increasingly been inquiring about PA House Bill 1795 which was signed into law on November 3, 2022 and becomes effective on May 2, 2023. The Amendments, now known as Act No. 115 of 2022, made various changes and additions to the three Pennsylvania common interest community statutes: the Uniform Condominium Act (UCA), the Uniform Planned Community Act (UPCA) and the Real Estate Cooperative Act (RECA) (we will discuss the changes to the UCA and the UPCA below). While it’s not on the level of Peter Frampton, House Bill 1795 has indeed come alive!
Independent Reviewer
To begin, for condominium associations and master associations that have over 500 units, votes in an election of the association must be submitted to an “independent reviewer” pursuant to amendments to Sections 3303(e)(3) of the UCA and 5222(e.1) of the UPCA. (It is noted that §5222 of the UPCA specifically applies to “master” associations, so if the intent was to have it to apply to all planned communities, the UPCA will presumably need to be amended once again).
What is an independent reviewer? An independent reviewer is defined in §3103 of the UCA and §5103 of the UPCA as a person who is selected by the Executive Board of a condominium and/or planned community and satisfies all of the following:
(1) Holds a certificate as a certified public accountant issued by the Commonwealth, is
licensed to practice law in this Commonwealth, or is a “vote management system”. (A “vote management system” is defined in §3103 of the UCA and §5103 of the UPCA as “a third-party vendor who operates a digital or subscription service that securely manages the conduct of elections and voting procedures” – in other words, a commercial, association voting management solutions provider).
(2) Is not a unit owner of the condominium or planned community, directly or indirectly.
(3) Has no immediate family relationship (i.e., parent, child, spouse, brother or sister) with a unit owner of the planned community or the condominium or planned community manager.
(4) Has no financial interest shared with a unit owner of the condominium or planned community manager.
(5) If compensated by the declarant, a director, the association or the condominium or planned community manager, has disclosed the terms of the compensation to all unit owners of the condominium or planned community at a scheduled meeting.
While the above provisions related to an independent reviewer apply to all condominium associations and master associations that have over 500 units, Sections 3303(e)(3) of the UCA and 5222(e.1) of the UPCA also allow condominium associations and master associations that are under 500 units to essentially “opt in” to utilize an independent reviewer, when approved by a vote of at least 51% of the unit owners.
Finally, Sections 3303(e)(3) of the UCA and 5222(e.1) of the UPCA provide that the board shall (i.e., must) present the official election results based on the certified election report from the independent reviewer at a meeting of the unit owners and shall (i.e., must) enter the results in the meeting records.
Removal of Board Members in Condominium Associations
Section 3303(g) was added to the UCA to clarify how board members can be removed with 2/3 of vote of the unit owners:
Removal of member of executive board.–Notwithstanding any provision of the declaration or bylaws to the contrary, the unit owners, by a two-thirds vote of all persons present and entitled to vote at any meeting of the unit owners at which a quorum is present, may remove any member of the executive board with or without cause, other than a member appointed by the declarant, provided notice of the intention to remove a member of the executive board is given with the notice of the meeting at which such removal is considered, as provided under section 4303(g) (NOTE: TYPO IN AMENDMENT? – the referenced section is from a different statute) (relating to executive board members and officers).
(It is noted that the UPCA already had a similar parallel provision at Section 5303(f)), therefore a new section was not required to be added to the UPCA).
Removal of Board Members and Officers – Required Bylaw Language
Section 3306(a)(3) of the UCA and Section 5306(a)(3) of the UPCA both provide that the Bylaws for an association must provide for the qualifications, powers and duties, terms of office and manner of electing executive board members and officers and removing executive board members and officers under section 3303(g) and 5303(f) (relating to executive board members and officers) and filling vacancies.
Good Standing
As it applies to condominiums and master associations, Sections 3303(e)(3) of UCA and Section 5222(e.1) of the UPCA now provide that “in order to be eligible to vote in the election, a unit owner shall be in good standing with the association.” (It is noted that a “unit owner in good standing” is already defined in §3103 of the UCA and §5103 of the UPCA as a unit owner who is current in payment of assessments and fines, unless the assessments or fines are directly related to a complaint filed with the Bureau of Consumer Protection in the Office of Attorney General regarding §3308 of the UCA or §5308 of the UPCA (relating to meetings); §3309 of the UCA or §5309 of the UPCA (relating to quorums); §3310 of the UCA or §5310 of the UPCA (relating to voting; proxies); and §3316 of the UCA or §5316 of the UPCA (relating to association records)).
Electronic Meeting Notices
A unit owner can now receive meeting notices for a condominium or planned community by electronic means if the unit owner has agreed in writing (opts in) to accept the notice by electronic means or where the bylaws permit electronic notices. See §3308(a) of the UCA and §5308(a) of the UPCA.
Electronic Meetings
Board and association meetings in condominiums and planned communities can be now be held using remote technology, i.e., virtually or by telephone conference, unless the bylaws provide otherwise. See §3308(c) of the UCA and §5308(c) of the UPCA.
While the bylaws must still require that a meeting of the association occur at least once each year, the requirement that the yearly meeting be held in person was eliminated. See §3308(a) of the UCA and §5308(a) of the UPCA.
Participation in Board or Association Meetings By Remote Technology
Unless the bylaws provide otherwise, an individual may now participate in a meeting of the board or association by means of a conference telephone or other remote electronic technology, including the internet, which allows participants in the meeting to hear each other. Participation in such a meeting shall be deemed in-person attendance at the meeting. See §3308(c) of the UCA and §5308(c) of the UPCA.
Bylaw Requirements for Delivery of Notice of Virtual Meetings
Pursuant to Sections 3308(b) of the UCA and Section 5308(b) of the UPCA, Bylaws in condominium associations and planned communities must [now] require that notice of virtual meetings of the association be given by:
(1) First class or express mail, postage prepaid, or courier service, charges prepaid, to the
mailing address of each unit or to any other mailing address designated in writing by the unit owner. Notice shall be deemed to have been given to a unit owner when deposited in the United States mail or with a courier service for delivery to the unit owner.
(2) Facsimile transmission, e-mail or other electronic communication to the unit owner’s facsimile number or address for e-mail or other electronic communications supplied by the unit owner, provided that the unit owner has agreed in writing to accept the notice by electronic means or where the bylaws expressly permit means of delivering electronic notice. Notice shall be deemed to have been given to the unit owner when sent.
Approved Methods of Voting – Now Includes Electronic Voting
Sections 3310(e) of the UCA and 5310(e) were added to the UPCA related to approved methods of voting, and provide as follows:
(1) Except to the extent expressly prohibited in an association’s declaration or bylaws, the voting rights of a unit owner may be cast or given in the following ways:
(i) in person or by proxy at a meeting of the association;
(ii) by absentee or electronic ballot; or
(iii) by another method of voting expressly provided in the association’s declaration or bylaws.
(2) An absentee or electronic ballot may:
(i) Be counted as a unit owner present and voting for the purpose of establishing a quorum, and otherwise, only for agenda items appearing on the ballot.
(ii) Not be counted even if properly delivered, if the unit owner attends the meeting to vote in person. A vote cast at a meeting by a unit owner supersedes a vote submitted by absentee or electronic ballot previously submitted for that agenda item.
(3) The term “electronic ballot” means a ballot cast or given by electronic transmission
over the internet, vote management system or the association’s community network, whether by direct connection, intranet, telecopier, electronic mail or other technological means, if the identity of the unit owner submitting the ballot can be confirmed and a receipt of the electronic transmission and ballot can be made available to the unit owner.
Acclamation (for an uncontested election)
Section 3310(f) was added to the UCA and Section 5310(f) was added to the UPCA with respect to acclamation for uncontested elections. Unless the bylaws of the association provide otherwise, these new statutory provisions provide that in the event that an election for a position on the board is uncontested, the officer or chair presiding at the election meeting may declare the nominee(s) elected by acclamation after determining there are no further nominations.
Pre-Election Sessions (Meet the Candidates) for Contested Elections
Pursuant to Sections 3308(d) of the UCA and Section 5308(d) of the UPCA, Bylaws in condominium associations and planned communities must require that in the event that there are more candidates than open positions on the executive board (i.e., a contested election), then, upon request of one or more of the candidates, the association shall hold a special session at least seven days before the election of a board member to allow the unit owners to meet each candidate for an executive board position. Each candidate for an executive board position shall have equal time to address the unit owners during a special session.
Recorded Meetings
Pursuant to Sections 3308(e) of the UCA and Section 5308(e) of the UPCA, unless the bylaws provide otherwise, meetings of the association may be recorded by the board via audio or video technology, provided that an announcement is made by the presiding officer at the commencement of the meeting that the meeting will be recorded. A recorded meeting shall be maintained and available to unit owners for a period of no less than six (6) months after the date of the meeting.
Quorum for Association Meetings After Multiple Attempts
Pursuant to Sections 3309(a)(2) of the UCA and Section 5309(a)(2) of the UPCA, except as otherwise provided in the declaration or bylaws of the association, if the association can’t obtain a quorum for any meeting of the association and fails to meet a quorum at two subsequent meetings, the association may utilize the following provisions contained in Section 5756(b) of the PA Non-Profit Corporation Law (relating to quorum) to meet quorum requirements:
(b) Exceptions.–Notwithstanding any contrary provision in the articles or bylaws, those members entitled to vote who attend a meeting of members:
(1) At which directors are to be elected that has been previously adjourned for lack of a quorum, although less than a quorum as fixed in this section or in the bylaws, shall nevertheless constitute a quorum for the purpose of electing directors.
(2) That has been previously adjourned for one or more periods aggregating at least 15 days because of an absence of a quorum, although less than a quorum as fixed in this section or in the bylaws, shall nevertheless constitute a quorum for the purpose of acting upon any matter set forth in the notice of the meeting if the notice states that those members who attend the adjourned meeting shall nevertheless constitute a quorum for the purpose of acting upon the matter.
Amendments of Bylaws
Sections 3306(a)(6) of the UCA and Section 5306(a)(6) of the UPCA were amended to clarify how bylaws may be amended, as follows:
(i) The bylaws may be amended only by vote or agreement of unit owners of units to which at least:
(A) fifty-one percent of the votes in the association are allocated;
(B) any larger majority as specified in the bylaws; or
(C) a smaller majority as specified in the bylaws if all of the units are restricted
exclusively to nonresidential use.
(ii) The vote may be taken only at a scheduled meeting and following notice to the unit owners as provided under sections 3308 of the UCA or 5308 of the UPCA (each relating to meetings) that was advertised 14 days in advance to the unit owners. Absentee voting shall be permitted to unit owners provided that the ballots must be submitted to an independent reviewer by the commencement of the scheduled meeting.
Retroactivity
At this stage it is not entirely clear what the desired intent was with respect to retroactivity of the amendments to communities that precede the enactment of the UCA and/or the UPCA, or with respect to general principles of statutory retroactivity in general. It is expected this may become an issue that will arise during the 2023-2024 legislative session, especially if challenges to the applicability of any of the amendments begin to be raised by communities.
Parting Words
This discussion of PA House Bill 1795, now known as Act No. 115 of 2022, and specifically, the various changes to the UCA and the UPCA, is intended to provide a summary of the current state of the statutory amendments as of the posting date of this Hoffman Law LLC Blog post on January 30, 2023. (The amendments, as passed, can be found here). It is expected that certain provisions may change or be further amended during the 2023-2024 legislative session – in other words, House Bill 1795 will continue to stay alive! Stay tuned.
As many of you may (or perhaps may not) know, I have the distinct honor of serving as the current Chair of the Keystone Chapter’s Legislative Action Committee (PA-LAC). I was recently thinking about possible “forward-looking” Community Association legislation in Pennsylvania, and two things immediately came to mind: Solar Panels and Electric Vehicles (EVs). Please allow me to share my thoughts with you on these issues.
Solar Panels
Let’s be clear, solar panel legislation which would impact Community Associations under Title 68 (Real and Personal Property) of the Pennsylvania Consolidated Statutes has previously been introduced in Pennsylvania multiple times: Senate Bill 1039 – Residential Rights to Solar Energy (2017-2018 Session); Senate Bill 436 – Removing Obstacles to Residential Rights to Solar Energy (2019-2020 Session); and Senate Bill 826 – Ensuring All Residential Homeowners have Access to Solar Energy (2021-2022 Session). The common theme exhibited in the first two Senate Bills is that Associations would not be permitted to prohibit or restrict the installation or use of a solar energy system on a detached unit. The Senate Bill that has been introduced in the current Session, Senate Bill 826, takes it one step further and provides that Associations would not be permitted to prohibit or restrict the installation or use of a solar energy system on a detached roof or a townhouse unit (with language that the repair of the roof of a townhouse unit is designated as the responsibility of the owner of the unit and not the responsibility of the association).
Thus, all of the Senate Bills that were previously introduced focused on preventing Associations from prohibiting or restricting the installation or use of a solar energy system on units in the Association. This leads me to wonder, if solar is the future, why are legislators focusing on preventing Associations from acting in some way? The simple answer is likely one we don’t want to hear: because most Associations do not want solar in the community and/or do not want to deal with solar issues in any way. I get it, change is hard. But let’s think about this – technology, including solar, keeps evolving and at some point, we won’t be able to avoid dealing with it. The end result will likely be that legislation will be introduced – and become law – which will essentially force all Associations to allow solar, whether we like it or not.
So my question is: shouldn’t we be in front of this issue, rather than always behind it? I believe the answer is yes, because, in the not too distant future, solar technology will evolve to a point where it will become economically beneficial for all unit owners to install solar panels. Developers will offer options to install solar panels on new construction units with increasing frequency. Unit owners are installing solar panels to charge their electric vehicles (see next discussion point, below). Associations should therefore really begin to reconsider how we look at solar.
Yes, Board Members and Managers, I already know some of your concerns: (1) the aesthetics of solar panel installation; (2) maintenance and installation issues; (3) the impact on or through common areas, especially if only one unit owner would be benefitting from solar installation; (4) potential damage to common or shared roof structures or attached units, especially if only one unit owner would be benefitting from solar installation; (5) insurance issues; (6) liability and indemnity concerns; and (7) will it cost the Association anything, either short or long-term? While these are valid concerns, we can come up with solutions to all of these issues if we proactively seek to do so.
Let’s change our way of thinking and be ahead of the curve on solar energy legislation in Pennsylvania’s Community Associations. If we don’t, we will be left in the dark – figuratively and perhaps even literally.
Electric Vehicles (EVs)
The electric vehicle discussion is occurring with increased frequency in the Associations I represent and has been a hot topic nationally in the Association industry over the last few years. While there has been limited pushback related to EV charging in Associations with single family detached units (usually related to aesthetics of installing outside of the unit/garage vs. inside the garage), in stacked condominium and townhome communities it’s been a different story.
The debate about EVs in these communities generally relates to how and where electric vehicles will be charged if the vehicle is parked away from the unit. This makes sense as, most of the time, the current infrastructure present in older communities will substantially limit the ability to actually install charging stations in common areas, in addition to Association-related logistical, legal and technical issues such as the location of the charging stations, use of parking spaces, deeded spaces, limited available parking, insurance, tremendous expense, disturbance of common facilities and common elements, liability, who will pay for the electricity, commercial EV charging providers on the premises, Level 1, Level 2 and Level 3 charging, and more.
Despite all of this, it’s obvious that the shift to EVs is rapidly accelerating (pun intended) as the technology evolves and the cost of EVs begin to come down. Think about the Model T: it was the first vehicle that almost every American could actually afford to purchase – and, at one point, the majority of Americans actually owned a Model T. While we may not see Americans purchase EVs as rapidly and in such a proportion that occurred with the Model T, I do believe that we are on the cusp of a major shift in mindset from focusing on traditional internal combustion engine (ICE) vehicles to EVs and/or Plug-In Hybrid vehicles with an extended EV (battery-only) range. Remember, before the Model T, railroads and even horses were utilized by many Americans for travel.
The end result is that our industry needs to proactively figure out how to handle EVs – in old communities and in new communities. It will obviously be much easier to deal with this in new communities where the necessary infrastructure required for EV charging stations is installed at the time the improvements are installed in the units, common areas and common facilities.
While I am not aware of any legislation that has been introduced which would impact Community Associations under Title 68 (Real and Personal Property) of the Pennsylvania Consolidated Statutes, I do believe it’s coming at some point soon, in some manner. Just like solar, shouldn’t we be in front of this issue, rather than behind it? Interestingly, legislation was introduced just this Session as it relates to electric vehicle charging in new non-residential construction – House Bill 481 – Electric Vehicle Charging Infrastructure in New Non-Residential Construction (2021-2022 Session). This legislation seeks to amend the Pennsylvania Construction Code Act to require new non-residential buildings in the Commonwealth to be constructed with the necessary infrastructure to support EV charging stations, ensuring the availability to charge EVs in places consumers frequent most, such as retail facilities, hotels, schools and restaurants.
But what about the places where people live? Shouldn’t they also be constructed with the necessary infrastructure to support EV charging stations? Yes, they should. EV charging infrastructure legislation for new residential construction will therefore come first. For existing communities with old infrastructure and other limitations, this will be far more difficult, so any legislation requiring existing Associations to allow EV charging in common area parking situations must be carefully reviewed and discussions must occur. If any legislator is considering going down this road (pun intended – again) with respect to existing communities, I would recommend that the legislature identify and/or create funding sources (i.e., make state energy grants, etc. available) which Associations could utilize to install the required infrastructure for EV charging.
In closing, I bring to you lyrics from a forward-looking Rush song, “Virtuality”, released in 1996 when internet technology was still in its infancy:
Let’s dance tonight To a virtual song Press this key And you can play along Let’s fly tonight On our virtual wings Press this key To see amazing things
Let’s embrace, not fight, forward-looking Community Association legislation in Pennsylvania, so we can see amazing things.
– Edward Hoffman, Jr., Esq., CCAL
The content from this Blog post was originally published in an article entitled “Plug & Play: Solar Panels and Electric Vehicles in Common Interest Communities” in the November/December 2021 issue of Community Assets magazine, a publication of the CAI Keystone Chapter.
