New York is taking aim at condominiums in its push to encourage the use of electric vehicles.

Legislation passed at the end of the last state legislative session, A.6338A/S.5157A, would allow the owner of a condominium or member of a housing cooperative to overrule the objections of the condo board and install a charging station for electric vehicles. Assemblywoman Patricia Fahy, D-Albany, wrote in her legislative justification that the bill was written to assuage electric vehicle owners’ “range anxiety” over the concern there aren’t enough charging stations for their cars. She said the problem is especially acute in condo units.

While not necessarily a companion bill to the state’s Climate Leadership and Community Protection Act, Fahy said she had the act in mind when proposing the condominium-related bill.

“This bill originated, as I began to do a lot of research on electric vehicles, and as you know we passed a historic climate bill last night, and one of the key elements of addressing climate change in this country is addressing transportation,” Fahy said on the Assembly floor. That starts with promoting more electric vehicles as well as electric buses. Range anxiety, as it’s referred to, is a big issue with electric vehicles because many of them only go so many miles and you can be stranded. We have come across a problem with condominiums which include many townhouse associations where individuals were unable to have the association modify the agreements os that they could use charging stations.”

Assemblyman Joe Giglio, R-Gowanda, voted against the legislation on the floor of the Assembly, as did Assemblyman Andrew Goodell, R-Jamestown. The legislation passed the Senate, 62-0, while passing the Assembly, 105-41, in a largely party line vote. Forty-one Republicans voted against while 104 of 107 Democrats voted in favor. The legislation will now be sent to Gov. Andrew Cuomo for his signature.

Goodell argued on the Assembly floor that the legislation infringes too heavily on a property owners’ rights because it allows one disgruntled member of a condo or homeowners’ association to break a legally binding deed without going through the necessary steps to make changes to their deed through the condo board or homeowners’ association.

“What this bill would do is that it would take any covenant restrictions or conditions contained in a recorded deed that affects an interest in property that impedes unreasonably, or is viewed as unreasonably, impedes the ability of a condo owner to install an electric charging device and it would declare that provision of the recorded deed null and void,” Goodell said. “For those of us who practice real estate law, we will assure you that when a deed is filed it creates a property interest in the person who has received the deeded interest. If you have a deed to a condo you own your condo unit by yourself, it’s yours, and that deed gives you the right in accordance with agreements in the bylaws with your fellow owners on how you can use common property. The common property is under the bylaws and the agreement of the common owners and it can be amended. What this does is state that even though your deed reflects the fact that you agree from day one that you will abide by the rules and regulations of the condo, if those regulations in your opinion aren’t reasonable as it relates to a charging station for your car then that restriction in your deed is null and void.”

Fahy, in her remarks, countered Goodell’s argument by saying the property rights aren’t being infringed upon by granting unit owners greater rights to install electric vehicle charging stations and creating a procedure by which a condominium association can approve the installation of such a station.

“This bill, essentially, it’s a minimal invasion of any type of property rights and it still absolutely requires the association to approve any type of reasonable accommodation and there is very strong language in here to ensure that the association has the authority,” Fahy said. “I’m very happy to continue to work with Mr. Goodell on that. I think this will go a long way toward encouraging more charging stations.”

Goodell said forcing condominium boards and homeowners’ associations to reopen a contract based on one owners’ issue with their electric vehicle is an approach the state should use with caution. He said there may be issues related to the electric vehicle charging station that should be regulated by the local group without having those contracts and rules superceded by the state. Some issues may be petty and parochial between condo owners while others may be legitimate health and safety issues.