Tuesday October 20, 2026
What is the Right to Charge Law?
Maryland’s Right to Charge Law gives homeowners the right to install EV charging equipment in a deeded or specifically assigned parking space, while allowing HOAs and condominium associations to set reasonable requirements for how that installation is completed.Where is Maryland’s Right to Charge Law found?
For condominiums, Maryland’s Right to Charge Law appears in Md. Code, Real Property § 11-111.4. For HOAs, the requirements appear in § 11B-111.8. Under both statutes, conflicting rules in an association’s declaration, bylaws, rules, or recorded covenants are void and unenforceable.How does Maryland define electric vehicle recharging equipment?
Maryland defines electric vehicle recharging equipment broadly to include equipment used to recharge electric motor vehicles and electric bicycles. That means the law can apply to more than just traditional car-charging stations.How it impacts EV charging in condos/HOAs
Maryland’s Right to Charge Law gives boards specific responsibilities when reviewing an EV charger request. If association approval is required, the board must:- Review the request using the same approval process the association already uses for architectural changes, such as exterior modifications or other owner-requested alterations.
- Review the application without willfully delaying it.
- Approve or deny the request in writing.
- If the board is going to deny the request, do so in writing within 60 days; otherwise, the application is deemed approved, unless the board reasonably requests additional information.
- Approve the installation when it is reasonably possible, does not unreasonably interfere with areas outside the owner’s parking space, and the owner agrees to the law’s installation requirements.
2026 updates
Maryland’s 2026 update shifts the focus from individual homeowner installations to what boards can do in common-use and limited-common-use parking areas. House Bill 405, enacted as Chapter 753 and effective October 1, 2026, gives boards a clearer path to consider shared or community-wide EV charging.Under the new provisions:
- Boards may install or authorize EV charging equipment in common-use or limited-common-use parking areas.
- Governing documents cannot prohibit or unreasonably restrict the board from doing so.
- The project follows the association’s normal budget process for a comparable common area renovation or alteration.
- The board must consider whether enough parking will remain available for community needs.
- Boards may grant renewable licenses of up to three years over common elements needed for the charger or its electrical supply.
Who pays for an individual EV charger?
For an owner-installed charger covered by the existing Right to Charge Law, the homeowner is responsible for the costs associated with the charger rather than shifting those expenses to the association.That includes:
- Installation costs
- Electricity used by the charger
- Maintenance, repair, and replacement
- Damage to the charging equipment or affected common areas or common elements resulting from installation, maintenance, repair, removal, or replacement
- Removal of the charger, if the owner chooses to remove it
- Restoring affected common areas or common elements after removal
What installation requirements can Maryland associations have?
Maryland’s Right to Charge Law allows associations to maintain reasonable standards around EV charger installation. A qualifying homeowner must agree in writing to comply with applicable building codes, safety standards, and the association’s architectural standards.The homeowner must also use a licensed contractor for the installation and obtain any permits or approvals required by the county or municipality where the community is located (Md. Code, Real Property §§ 11-111.4(d)-(e), 11B-111.8(d)-(e)).
What are Maryland's EV charger insurance requirements?
Under Maryland law, the owner must either:- Provide a certificate of insurance naming the association as an additional insured; or
- Reimburse the association for an increase in its insurance premium attributable to the charging equipment.
For condo EV charging requests, including insurance documentation in the application process can help boards keep this requirement organized from the beginning.
The 60-day EV charger approval rule
If approval is required, the board must process the charger application like an architectural modification request. If the association does not deny the application in writing within 60 days after receiving it, the request is considered approved. The exception is when the delay results from a reasonable request for additional information (Md. Code, Real Property §§ 11-111.4(c), 11B-111.8(c)).Tips for managing EV charging requests in your community
A little planning can make EV charging requests easier for boards to manage and easier for homeowners to understand.-
Create a clear application process
Give homeowners a simple way to submit a request and make it clear what the board needs to review. That may include plans, contractor information, equipment details, permits, metering information, and insurance documentation. A consistent process can help reduce delays and keep the Right to Charge Law timeline on track.
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Track the 60-day deadline
Record when each application is received and follow up quickly if information is missing. Because a qualifying request is deemed approved if it is not denied in writing within 60 days, keeping that deadline visible can help the board stay organized and respond on time.
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Plan for more than one charger
One EV charger may be easy to accommodate, but several can raise bigger questions about electrical capacity, parking, equipment placement, and future costs. Looking ahead can help the board make decisions that still work as demand grows.
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Bring in the right expertise
EV charging can touch several parts of community operations, from electrical work and insurance to governing documents and budgeting. A property management team can help coordinate the process and bring in qualified electricians, engineers, insurance professionals, and association counsel when their expertise is needed.
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Review existing rules
Older parking, architectural, or EV policies may not reflect current Maryland HOA laws. Boards should review those rules with qualified association counsel, especially in light of the October 1, 2026 changes, and update them where needed so the community has a clear process that aligns with the Right to Charge Law.
How FirstService Residential can help
As North America’s leading property management company, FirstService Residential’s local Maryland teams can help boards coordinate architectural requests, track deadlines and documentation, communicate with residents, work with qualified vendors, plan capital improvement projects, and coordinate with association counsel when legal guidance is needed.For larger charging projects, we can also help boards connect the project with budgeting, maintenance planning, and the community’s longer-term priorities.
Contact FirstService Residential to learn how our Maryland team can support your community association.
This information is provided for general informational purposes only and is not intended to constitute, and should not be relied upon as, legal, regulatory, financial, or operational advice, or as a representation or guarantee of any specific services, capabilities, or outcomes. Property management needs, regulatory requirements, market conditions, and available services vary by jurisdiction, property type, and community. FirstService Residential provides services through locally based affiliates and associates, and services and results may vary by community, region, contractual terms, and applicable law.