EV charger installation in a Colorado HOA or condominium

What the rule says

Yes — Colorado has a statewide right-to-charge rule for common interest communities, and it protects unit owners in homeowners' associations, condominiums, and cooperatives alike. C.R.S. 38-33.3-106.8, part of the Colorado Common Interest Ownership Act (article 33.3 of title 38), says that notwithstanding any provision in the declaration, bylaws, or rules and regulations of the association to the contrary, an association shall not prohibit a unit owner from using, or installing at the owner's expense for the owner's own use, a level 1 or level 2 electric vehicle charging system:

• In a unit;
• In an assigned or deeded parking space that is part of or assigned to a unit; or
• In a parking space that is accessible to both the unit owner and other unit owners.

The same section adds two related protections. First, an association shall not assess or charge a unit owner any fee for the placement or use of a charging system in or on the owner's unit — except that the association may require reimbursement for the actual cost of electricity it provided that the system used (including a network fee, if the system is part of a network), or may alternatively charge a reasonable fee for access. Second, an association shall not restrict parking based on a vehicle being a plug-in hybrid vehicle or plug-in electric vehicle.

The protection is not unlimited. Subsection (3) lists what the association may still require: bona fide safety requirements consistent with an applicable building code or recognized safety standard, a requirement that the charging system be registered with the association within 30 days after installation, and reasonable aesthetic provisions governing the dimensions, placement, or external appearance of the system. The section does not apply to time-share units, and it applies only to residential units.

For a limited common element parking space, carport, or garage owned by the unit owner or otherwise assigned to the owner in the declaration or other recorded document, the association shall consent to placement and use if the system otherwise complies with the governing documents and the owner agrees in writing to: comply with the association's design specifications; engage a duly licensed and registered electrical contractor familiar with installation and code requirements; bear the expense of installation, including restoring disturbed common elements; and provide a certificate of insurance naming the association as an additional insured within 14 days after receiving consent (or reimburse the association for the actual cost of any increased insurance premium within 14 days after invoice, if the system is on a common element). Successive owners with exclusive rights to the limited common element assume responsibility for repair, maintenance, removal, and replacement, and the system installed at the owner's cost is the owner's property: on sale, the owner may remove it or sell it to the buyer or the association for an agreed price, and neither the buyer nor the association is required to purchase it.

Which authority controls

The controlling authority is the Colorado General Assembly, acting through the Colorado Common Interest Ownership Act. The statute defines the three community types it reaches at C.R.S. 38-33.3-103: a "common interest community" is real estate described in a declaration for which a unit owner must pay toward taxes, insurance, maintenance, or improvement of other real estate described in the declaration; a "condominium" and a "cooperative" are specific forms of common interest communities; and a "planned community" is a common interest community that is not a condominium or cooperative. In ordinary terms, that covers HOAs (planned communities), condominiums, and cooperatives. The official compiled text is published by the Office of Legislative Legal Services in the Colorado Revised Statutes; the section was added by SB 13-126 in 2013 and most recently amended by HB 23-1233 in 2023, which added the parking-restriction ban and updated the fee and limited-common-element provisions.

What may still be required or restricted

Even with the statute in place, the association keeps meaningful tools:

• It can require registration of the system within 30 days after installation.
• It can apply bona fide safety requirements consistent with an applicable building code or recognized safety standard.
• It can impose reasonable aesthetic provisions on dimensions, placement, or external appearance.
• For limited common element installations, it can require design-specification compliance, a duly licensed and registered electrical contractor, owner-paid installation and restoration costs, and insurance naming the association as an additional insured.
• It can require reimbursement for electricity actually provided, or charge a reasonable access fee — but it cannot impose other placement or use fees beyond the regular assessments.

Separate requirements remain outside the association's control: local building and electrical permits, utility service and interconnection rules, and the National Electrical Code (the statute itself requires a charging system to be certified by Underwriters Laboratories or an equivalent and to comply with the current version of article 625 of the code). Association approval never replaces those requirements.

Facts that could change the answer

• The parking characterization matters. The strongest protections cover a unit, an assigned or deeded parking space, and a parking space accessible to both the owner and other owners; a limited common element space requires the association's consent plus the written owner agreement described above.
• The statute covers level 1 and level 2 systems only, as defined in subsection (7); it does not reach level 3 or DC fast charging, which remains subject to the governing documents and any applicable rules.
• The rule applies to residential units only and does not apply to time-share units.
• The statute was amended in 2023; future amendments can change the conditions.
• The section does not require an association to install charging stations on common property as an amenity — it encourages communities to do so and to seek grants from the electric vehicle grant fund (C.R.S. 24-38.5-103), but the statutory duty is to refrain from prohibiting owner installations in the covered locations.

Practical decision path

1. Confirm the community type (HOA, condominium, or cooperative) and get the declaration, bylaws, and current rules in writing.
2. Identify the parking characterization: unit, assigned or deeded space, shared space, or limited common element.
3. Choose a level 1 or level 2 system certified by UL or an equivalent and compliant with article 625 of the National Electrical Code.
4. Submit a written application; for a limited common element, be ready to sign the written agreement covering design specifications, a duly licensed and registered electrical contractor, costs, and insurance.
5. Deliver the certificate of insurance within 14 days after receiving consent, if required.
6. Register the system with the association within 30 days after installation.
7. Complete local permit and utility steps separately, and keep all inspection records.

Before work begins, obtain the written requirement from the association, landlord, permit office, or serving utility and keep the record.

Records to keep

Keep the declaration, bylaws, and rules; the written application and the association's consent; the written limited-common-element agreement if one was required; the certificate of insurance and proof of delivery; the 30-day registration confirmation; permits, inspection records, and contractor invoices; and records of any electricity reimbursement or premium reimbursement paid. These records matter if the association later changes its position, if costs are disputed, or when you sell the unit and decide whether to remove or sell the charging system.

When professional advice may help

Consider a Colorado attorney familiar with common interest community law before relying on the statute against an association objection, before starting work over a denial, or before a dispute over costs or enforcement. An electrical contractor or engineer can evaluate panel capacity, metering, and code compliance, and the local building department determines permit requirements for your specific installation. Renters should review C.R.S. 38-12-601, the parallel tenant statute, which this guide does not cover in detail.