Electric Vehicles or “EV’s” are on the rise in Canada and in British Columbia. According to the Province of British Columbia website 1.5 million British Columbians currently reside in strata housing. Therefore, it is not surprising that in May 2023 the Strata Property Act was amended to help address gaps in the Strata Property Act concerning EVs and EV charging within Strata Corporations.

The new amendments to the Strata Property Act (the “Act”) permit Strata Corporations to change the use of common property to permit EV charging infrastructure by only a majority vote of owners. The Strata Corporation can also acquire or dispose of personal property for the purposes of facilitating EV Infrastructure with only a majority vote (see sections 71 and 82 of the Act).

An owner may request that a Strata Corporation approve alterations to common property for the purposes of installing EV charging infrastructure for use in a parking stall if the following conditions are met:

  1. A resolution was passed by majority vote to alter the common property;
  2. the proposed infrastructure is within a certain class of EV charging;
  3. the applying owner has the right, permission or privilege to use that parking stall to the exclusion of other owners (for example – limited common property); and
  4. in accordance with any other prescribed criteria.

(sections 90.1 and 90.2 of the Act).

In considering an owner’s application, the Strata Corporation must not unreasonably refuse to approve an owner’s request, however they can take into account the following considerations:

  1. the compatibility of the proposed EV charging infrastructure with:
    1. existing EV charging infrastructure within the corporation;
    2. potential future EV charging infrastructure; and
    3. any system that the strata corporation uses to manage electricity used by EV charging infrastructure.
  2. The capacity of and current/anticipated demands on the Strata Corporation’s electrical system; and
  3. Any prescribed matters.

(section 90.2)

As a subject of approval, or after approval, the Strata Corporation may do the following:

  1. Require the Owner to obtain the Strata Corporations approval of materials and contractors;
  2. Require the owner to agree to modify or replace the EV charging infrastructure in the future to comply with future EV charging plans; and
  3. Allow the owner to make the alteration themselves.

(Section 90.3)

If the Strata Corporation opts to install the EV charging infrastructure, then the Owner must pay to the Strata an amount that is sufficient to cover all expenses associated with making that alteration to the common property. If the Strata Corporation does approves the alteration, but does not opt to install the EV charging infrastructure, then once the alteration is approved the Owner becomes responsible for any expenses associated with making the alteration unless agreed to differently in writing with the Strata Corporation.

Further changes and amendments will be made to the Strata Property Regulations which will help with interpreting or applying these recent amendments to the Act. Importantly, the amendments to the Regulations will permit owners to exclusively use common property (in this case parking stalls) for a period greater than 1 year.

Conclusion

The Provincial Government is taking steps to clarify the process for owners to obtain or install EV chargers on common property in Strata Housing. It appears that the Government is sending a message to Strata Corporations/Councils that there may ultimately be little that councils can do to oppose the installation of EV charging infrastructure if the correct steps are followed by owners.

One final note. The recent amendments require Strata Corporations to obtain an Electrical Planning Report from a “qualified individual.” The contents of this Electrical Planning Report are unclear at this time but will be laid out in the Regulations when they are amended. It may be that if an owner’s application for EV charging infrastructure would be contrary to this Electrical Planning Report, then the Strata Council may have grounds to refuse the alteration request.

Strata Councils or Property Managers should keep an eye on the Strata Property Regulations for further amendments which will assist in interpreting or applying these recent amendments to the Act.

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