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LEGAL UPDATE - Electric Vehicle Charging

December 19, 2023 11:32 AM | Michelle Wilson (Administrator)

9 Jan 2024 - Beginning in 2024, Illinois will make charging electric vehicles easier for residents of multi-family residential properties. Earlier this year, Governor Pritzker signed a bill into law which known as the "Illinois Electric Vehicle Charging Act" (765 ILCS 1085.) The Act provides that "[a] new single-family residence or a small multifamily residence shall have at least one EV-capable parking space for each residential unit that has dedicated parking, unless any subsequently adopted building code requires additional EV-capable parking spaces, EV-ready parking spaces, or installed electric vehicle supply equipment."

The Act also pertains to new construction as it requires all new single-family homes and multifamily buildings to include EV-capable parking which means the electric panel capacity and conduit needed for charging but does not require the installation of EV chargers. This requirement also includes existing multi-family buildings consisting of five or more units that are being “renovated” by a developer converting a property to a condominium or common interest community property. 

Finally, condominium, common interest, and homeowner associations are subject to the Act as well and any restriction or prohibition the governing documents of the Association which conflict with the Act will be deemed void and unenforceable. Associations may impose reasonable conditions on the installation consistent with those in place for alteration or modification to common elements or common areas, provided however, the Association must approve the request within (60) days of the request and the failure to do so shall be deemed approved for unless the delay is a result of a reasonable request for additional information. The owner must pay the costs of installation and the Act sets out conditions for installation.

Associations, landlords, and builders should familiarize themselves with these new requirements. Consult your attorney to address any questions regarding the new law.

Contributed by Cervantes, Chatt, and Prince PC

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