Condominium buildings and charging stations for electric vehicles – New decision | Barnea Jaffa Lande & Co.
A recent decision by Israel’s land registration supervisor concerns, among other things, the installation of an electric vehicle charging station in the parking lot of a condominium building.
The general meeting of tenants of a condominium building is responsible for deciding on the use of the common property of a condominium. A bill is currently pending which would require the consent of a special two-thirds majority of apartment owners to install an EV charging station in a communal parking lot. However, today, the installation of such charging stations is subject to co-ownership regulations.
Agreed settlements versus standard settlements
If the owners of apartments in a condominium have not drafted specific provisions as “agreed regulations”, the standard regulations will apply. These prescribe, among other things, that no apartment owner may make alterations or repairs to his apartment which damage, impair or depreciate the value of the common property, unless he has received the consent of the general meeting of apartment owners.
However, an apartment owner may make changes and use the common areas without needing the consent of other apartment owners, as long as it is a reasonable use that does not infringe the rights of other apartment owners. apartment to make similar reasonable use. of this one.
In this case, an owner of an apartment in a condominium building installed a private electric charging station in her parking space without the consent of the other owners of the apartment. This required carrying out work in the common property for the purposes of the installation. The condominium’s representative filed a motion for a mandatory injunction against the landlord, ordering her to dismantle the private charging station, pay for the damages caused and restore the condition to its previous state.
The representative claimed that the installation of the charging station poses a danger to all apartment owners, to the common property, to the parking lot and to the vehicles parked there. The representative also claimed that the installation was carried out without the consent and approval of the owners of the apartment and therefore constitutes a violation of the regulations of the condominium building.
During the hearing, the court appointed an approved expert to examine whether the installation posed a hazard and determine the actions needed to eliminate the hazard, if any.
The apartment owner’s actions violated the law and do not constitute reasonable action or reasonable use of common property, for the following reasons:
1. The owner of the apartment took unilateral action without obtaining the consent of the general meeting as required by the rules of the condominium.
2. The installation of the charging station by the owner of the apartment left openings in the ceiling of the car park, which she did not properly repair. Therefore, his actions constitute a prohibited change in the common property, as such a change could jeopardize the common property.
3. The owner of the apartment has made the electrical connection in violation of the provisions of the Electricity Act. It is therefore not a reasonable action.
4. Other owners of apartments in the condominium cannot establish a similar link. Therefore, the apartment owner’s action violates the law, which prescribes that the reasonable use of common property cannot be a use that prevents other apartment owners from making a similar use of it.
Notwithstanding these rulings, the supervisor ruled that until electric charging infrastructure had yet been installed for all apartment owners, the apartment owner should be allowed to retain the charging station. However, she must connect to the public electricity network (which the common property uses) with a separate electricity meter, instead of the private connection to her apartment, according to the Electricity Act.