The electric vehicle landscape is complex, ever-changing and at the cutting edge of technology. For condominium corporations and their owners, this means that there is no one-size-fits-all solution.

Unfortunately, the current iteration of the condominium legislation in Ontario, the Condominium Act, 1998, treats the installation of electric vehicle charging stations or electric infrastructure to support such charging stations as binary — i.e. that is to say that there are only two straightforward streams: an installation of infrastructure or communal charging stations by a condominium corporation, or the installation of a charging station by an individual owner.

To simplify the legislation:

1. For a condominium corporation to install infrastructure or communal charging stations, the corporation must send a notice to the owners. Depending on the cost of the installation and/or if the installation will reduce an enjoyment of the common elements or units, a vote of owners may be required; and

2. For an installation by an owner, the owner must submit an application; the corporation then has 60 days to respond, the parties have 90 days to enter into an agreement, and once registered on title to the unit, the installation can proceed.

In reality, however, these processes are much more complex and intertwined than was envisioned when the legislation was drafted.

For example, we are seeing many clients take advantage of various different incentives or solutions to help facilitate the ease of and to reduce the cost of their project; this includes partnering with electrical contractors to assist in utilizing government grants and with electrical contractors to provide the condominium corporation infrastructure, while also providing owners with reduced rates on the purchase of a charging station. These electrical contractors also provide solutions to assist the condominium corporation with maximizing their electrical capacity, including through smart panels or smart chargers.

Unfortunately, these solutions do not fall squarely within the current legislation. There are no provisions that take into account a corporation overseeing a project for the installation of various numbers of charging stations for the owners, or utilizing a government grant that has specific requirements in order to be compliant.

Furthermore, regardless of the scenario, there is no flexibility in the legislation, and sometimes unnecessary steps must be taken in order to strictly comply. The end result is generally extra work on the already overworked property manager.

There are also ancillary concerns. Does a condominium corporation really want many different contractors engaging with the corporation’s electrical infrastructure? Can a condominium corporation force an owner to install a specific type(s) of charging station that fits within the condominium corporation’s plan to maximize its electrical infrastructure? What if an owner’s
actions lead to a breach of contract between the condominium corporation and its electrical contractor?

There are certainly many concerns that are not addressed by the current legislation. Yet, how can we expect legislators to draft legislation to protect against scenarios that are not even contemplated? We can’t.

So much has changed since the drafting of the electric vehicle provisions that it is no wonder that they are not all-encompassing. Coupled with the fact that the Condominium Act, 1998 is consumer protection legislation, any amendments to the legislation will be a balancing act of (at times) competing interests.

Until legislators figure that out, condominium corporations must work within the legal parameters that are in place and make the best of the situation at hand. That involves implementing creative solutions and looking at the spirit or intention of the Condominium Act, 1998 to get the job done. At the end of the day, as long as the goal is to allow owners to install and use charging stations, then the purpose of the legislation is achieved.

Jake Fine is a lawyer with Lash Condo Law LLP, and has taken a keen interest in electric vehicles in condominiums. Jake also serves as the President of CAI Canada.