New regulations create a complex but effective regime to authorize Electric Vehicle Charging Station installations (continued) The process introduced under the new amendments to Ont. Reg. 48/01 (the general regulation under the Condominium Act, 1998) that came into force on May 1, 2018, for a condominium unit owner wishing to install an electric vehicle charging stations (EVCS), where the installation is either on or will have an impact on the common elements of the condominium, is a model for how corporations should handle most requests to make modifications to the property under section 98 of the Act. The purpose of these provisions is to replace section 98 in relation to EVCS installations with a more detailed and convoluted procedure that does a better job than many boards might if left to their own resources.
First, the owner must submit a written, signed application, including the owner’s name and address for service (regardless of whether the condominium already has that information). The application must include drawings, specifications and information relevant to a determination of whether the installation (a) is contrary to applicable legislation, (b) will adversely affect the structural integrity of the property or assets of the corporation, or (c) will pose a serious risk to individual health and safety or of damage to the property or assets of the corporation. This application must be served on the corporation at its or its manager’s address for service by delivery, courier or mail, or by fax, email or another method, if the board has by resolution or agreement with the owner approved those methods. Second, unless the owner withdraws the application, the board must respond within 60 days (or otherwise if agreed), stating whether the application is rejected. If the application does not meet the requirements set out above, then the board must, as soon as reasonably possible (or otherwise if agreed), inform the owner explaining the non-compliance. The only bases on which the board can reject an application is if it has obtained a report from a credible professional that the installation (a) is contrary to applicable legislation, (b) will adversely affect the structural integrity of the property or assets of the corporation, or (c) will pose a serious risk to individual health and safety or of damage to the property or assets of the corporation. (Therefore, the necessity for the application to contain information relevant to those considerations.) The board’s response rejecting the application must contain a copy of this report (subject to any exclusions from disclosure under section 55(4) of the Act). If intending to approve the application, the board can impose changes relating to the method or location of installation, provided these do not impose unreasonable costs on the owner, and are deemed necessary so owners will not regard the proposed installation as causing a material reduction or elimination of their use or enjoyment of the units or the common elements or assets., and so that the proposed installation is not contrary to anything in the declaration, by-laws or rules (other than an outright prohibition against EVCS installation). The board’s response must be detailed in regard to all such points, and must include drawings, specifications and other information to show the manner in which installation approved is to be carried out, or state if no changes to the proposed installation are required. Each of the owner and the corporation are to bear their own costs of the foregoing. Lastly, an agreement comparable in many respects to a section 98 agreement is also required within 90 days of approval (or as otherwise agreed). For what happens when the board of a condominium wants to install an EVCS, see: A Shockingly Complicated Set of Changes (I).
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