Dear Tony: We have been advised that our strata corporation must now upgrade the parking garage to accommodate electric vehicles and charging stations, and that we must use our contingency funds to pay for the upgrades.
Our strata corporation has been planning for a roof replacement for five years, and we have sufficient funds in the contingency to pay for the roofing without a special levy, but if we are required to use our contingency for upgrades to the parking, we will end up needing a special levy for everything else.
This is unfair to strata corporations who have been planning for building repairs. Two owners have come forward demanding we install charging stations. Do we have options?
Jennifer Carter
The strata property amendment act, which is Bill 22 currently in the legislature, has introduced a number of options and amendments for electric vehicle charging, electrification of parking garages and conditions for owners who wish to install single charging stations. None of the installations or conditions are mandatory.
The proposed legislation leaves the process of approvals, upgrades and installations to the strata corporation/council to reasonably consider the approval of an owner request for the installation of a dedicated charging station, or to propose electrification upgrades to the owners for consideration at general meetings. If passed, a strata corporation will be able to approve expenses relating to electrical upgrades and charging stations by majority vote from the contingency fund, or a special levy by 3/4 vote.
The changes to common property for charging stations and electrification will only require a majority vote at a general meeting. There is no mandatory requirement in the legislation to spend contingency funds. How the funds will be authorized will be determined by the owners at a general meeting.
If an owner is requesting permission to install a charging station, the strata corporation cannot unreasonably refuse permission; however, the strata corporation is permitted to require the owner pay all related expenses for the alterations, installation and cost of a charging station, electrical services, and the maintenance and servicing of the charging station and services.
To ensure strata corporations have sufficient electrical service to meet future needs of charging stations and building electrical demands, they will be required to commission an electrical planning report. Once the legislation is passed, regulations will follow to define the content of a planning report. The legislation essentially provides a road map for strata corporations considering electrical upgrades and installation of charging stations.
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Tony Gioventu is executive director of the Condominium Home Owners Association
