IL
Illinois House Bill HB1212

Illinois 2023-2024 Regular Session

Illinois House Bill HB1212 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1212 Introduced , by Rep. Kambium Buckner SYNOPSIS AS INTRODUCED: 765 ILCS 160/1-71 new765 ILCS 160/1-72 new Amends the Common Interest Community Association Act. Provides that any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a common interest community, and any provision of a community instrument that either effectively prohibits or unreasonably restricts the installation or use of an electric vehicle charging station or an electric vehicle dedicated time-of-use (TOU) meter, is void and unenforceable. Provides that if approval is required for the installation or use of an electric vehicle charging station or electric vehicle dedicated TOU meter, the application for approval shall be processed and approved by the association in the same manner as an application for approval of an architectural modification to the property. Provides requirements for an electric vehicle charging station or electric vehicle dedicated TOU meter placed in a common area or an exclusive use common area. Provides that the association may install an electric vehicle charging station or electric vehicle dedicated TOU meter in the common area for the use of all members of the association and all unit owners. Provides that an association that willfully violates the provisions is liable to the unit owner for actual damages and shall pay a civil penalty to the unit owner in an amount not to exceed $1,000. LRB103 05789 LNS 50809 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1212 Introduced , by Rep. Kambium Buckner SYNOPSIS AS INTRODUCED: 765 ILCS 160/1-71 new765 ILCS 160/1-72 new 765 ILCS 160/1-71 new 765 ILCS 160/1-72 new Amends the Common Interest Community Association Act. Provides that any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a common interest community, and any provision of a community instrument that either effectively prohibits or unreasonably restricts the installation or use of an electric vehicle charging station or an electric vehicle dedicated time-of-use (TOU) meter, is void and unenforceable. Provides that if approval is required for the installation or use of an electric vehicle charging station or electric vehicle dedicated TOU meter, the application for approval shall be processed and approved by the association in the same manner as an application for approval of an architectural modification to the property. Provides requirements for an electric vehicle charging station or electric vehicle dedicated TOU meter placed in a common area or an exclusive use common area. Provides that the association may install an electric vehicle charging station or electric vehicle dedicated TOU meter in the common area for the use of all members of the association and all unit owners. Provides that an association that willfully violates the provisions is liable to the unit owner for actual damages and shall pay a civil penalty to the unit owner in an amount not to exceed $1,000. LRB103 05789 LNS 50809 b LRB103 05789 LNS 50809 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1212 Introduced , by Rep. Kambium Buckner SYNOPSIS AS INTRODUCED:
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66 Amends the Common Interest Community Association Act. Provides that any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a common interest community, and any provision of a community instrument that either effectively prohibits or unreasonably restricts the installation or use of an electric vehicle charging station or an electric vehicle dedicated time-of-use (TOU) meter, is void and unenforceable. Provides that if approval is required for the installation or use of an electric vehicle charging station or electric vehicle dedicated TOU meter, the application for approval shall be processed and approved by the association in the same manner as an application for approval of an architectural modification to the property. Provides requirements for an electric vehicle charging station or electric vehicle dedicated TOU meter placed in a common area or an exclusive use common area. Provides that the association may install an electric vehicle charging station or electric vehicle dedicated TOU meter in the common area for the use of all members of the association and all unit owners. Provides that an association that willfully violates the provisions is liable to the unit owner for actual damages and shall pay a civil penalty to the unit owner in an amount not to exceed $1,000.
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1212 1 AN ACT concerning civil law.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 5. The Common Interest Community Association Act
1616 5 is amended by adding Sections 1-71 and 1-72 as follows:
1717 6 (765 ILCS 160/1-71 new)
1818 7 Sec. 1-71. Electric vehicle charging stations.
1919 8 (a) Any covenant, restriction, or condition contained in
2020 9 any deed, contract, security instrument, or other instrument
2121 10 affecting the transfer or sale of any interest in a common
2222 11 interest community and any provision of a community instrument
2323 12 that either effectively prohibits or unreasonably restricts
2424 13 the installation or use of an electric vehicle charging
2525 14 station within a unit owner's unit or in a designated parking
2626 15 space, including, but not limited to, a deeded parking space,
2727 16 a parking space in a unit owner's exclusive use common area, or
2828 17 a parking space that is specifically designated for use by a
2929 18 particular unit owner, or is in conflict with this Section is
3030 19 void and unenforceable.
3131 20 (b) This Section does not apply to provisions that impose
3232 21 reasonable restrictions on an electric vehicle charging
3333 22 station. However, it is the policy of this State to promote,
3434 23 encourage, and remove obstacles to the use of an electric
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4242 Amends the Common Interest Community Association Act. Provides that any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a common interest community, and any provision of a community instrument that either effectively prohibits or unreasonably restricts the installation or use of an electric vehicle charging station or an electric vehicle dedicated time-of-use (TOU) meter, is void and unenforceable. Provides that if approval is required for the installation or use of an electric vehicle charging station or electric vehicle dedicated TOU meter, the application for approval shall be processed and approved by the association in the same manner as an application for approval of an architectural modification to the property. Provides requirements for an electric vehicle charging station or electric vehicle dedicated TOU meter placed in a common area or an exclusive use common area. Provides that the association may install an electric vehicle charging station or electric vehicle dedicated TOU meter in the common area for the use of all members of the association and all unit owners. Provides that an association that willfully violates the provisions is liable to the unit owner for actual damages and shall pay a civil penalty to the unit owner in an amount not to exceed $1,000.
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7171 1 vehicle charging station.
7272 2 (c) An electric vehicle charging station shall meet
7373 3 applicable health and safety standards and requirements
7474 4 imposed by State and local authorities, and all other
7575 5 applicable zoning, land use, or other ordinances or land use
7676 6 permits.
7777 7 (d) If approval is required for the installation or use of
7878 8 an electric vehicle charging station, the application for
7979 9 approval shall be processed and approved by the association in
8080 10 the same manner as an application for approval of an
8181 11 architectural modification to the property, and shall not be
8282 12 willfully avoided or delayed. The approval or denial of an
8383 13 application shall be in writing. If an application is not
8484 14 denied in writing within 60 days from the date of receipt of
8585 15 the application, the application shall be deemed approved
8686 16 unless the delay is the result of a reasonable request for
8787 17 additional information.
8888 18 (e) If the electric vehicle charging station is to be
8989 19 placed in a common area or an exclusive use common area, as
9090 20 designated in the common interest community's bylaws, the
9191 21 following applies:
9292 22 (1) The unit owner shall first obtain approval from
9393 23 the association to install the electric vehicle charging
9494 24 station and the association shall approve the installation
9595 25 if the unit owner agrees in writing to:
9696 26 (i) comply with the association's architectural
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107107 1 standards for the installation of the electric vehicle
108108 2 charging station;
109109 3 (ii) engage a licensed contractor to install the
110110 4 electric vehicle charging station;
111111 5 (iii) within 14 days of approval, provide a
112112 6 certificate of insurance that names the association as
113113 7 an additional insured party under the unit owner's
114114 8 insurance policy; and
115115 9 (iv) pay for both the costs associated with the
116116 10 installation of and the electricity usage associated
117117 11 with the electric vehicle charging station.
118118 12 (2) The unit owner, and each successive unit owner, of
119119 13 the electric vehicle charging station shall be responsible
120120 14 for:
121121 15 (i) costs for damage to the electric vehicle
122122 16 charging station, common area, exclusive use common
123123 17 area, or separate interests resulting from the
124124 18 installation, maintenance, repair, removal, or
125125 19 replacement of the electric vehicle charging station;
126126 20 (ii) costs for the maintenance, repair, and
127127 21 replacement of the electric vehicle charging station
128128 22 until it has been removed and for the restoration of
129129 23 the common area after removal;
130130 24 (iii) the cost of electricity associated with the
131131 25 electric vehicle charging station; and
132132 26 (iv) disclosing to prospective unit owners the
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143143 1 existence of any electric vehicle charging station of
144144 2 the unit owner and the related responsibilities of the
145145 3 unit owner under this Section.
146146 4 (3) The unit owner of the electric vehicle charging
147147 5 station, whether located within a separate unit or within
148148 6 the common area or exclusive use common area, shall, at
149149 7 all times, maintain a liability coverage policy. The unit
150150 8 owner that submitted the application to install the
151151 9 electric vehicle charging station shall provide the
152152 10 association with the corresponding certificate of
153153 11 insurance within 14 days of approval of the application.
154154 12 The unit owner, and each successive unit owner, shall
155155 13 provide the association with the certificate of insurance
156156 14 annually thereafter.
157157 15 (4) A unit owner is not required to maintain a
158158 16 homeowner liability coverage policy for an existing
159159 17 National Electrical Manufacturers Association standard
160160 18 alternating current power plug.
161161 19 (f) Except as provided in subsection (g), the installation
162162 20 of an electric vehicle charging station for the exclusive use
163163 21 of a unit owner in a common area that is not an exclusive use
164164 22 common area shall be authorized by the association only if the
165165 23 installation in the unit owner's designated parking space is
166166 24 impossible or unreasonably expensive. In such cases, the
167167 25 association shall enter into a license agreement with the unit
168168 26 owner for the use of the space in a common area, and the unit
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179179 1 owner shall comply with all of the requirements in subsection
180180 2 (e).
181181 3 (g) The association may install an electric vehicle
182182 4 charging station in the common area for the use of all members
183183 5 of the association and all unit owners. The association shall
184184 6 develop appropriate terms of use for the electric vehicle
185185 7 charging station.
186186 8 (h) An association may create a new parking space where
187187 9 one did not previously exist to facilitate the installation of
188188 10 an electric vehicle charging station.
189189 11 (i) An association that willfully violates this Section is
190190 12 liable to the unit owner for actual damages and shall pay a
191191 13 civil penalty to the unit owner in an amount not to exceed
192192 14 $1,000.
193193 15 (j) In an action by a unit owner requesting to have an
194194 16 electric vehicle charging station installed and seeking to
195195 17 enforce compliance with this Section, the court shall award
196196 18 reasonable attorney's fees to the prevailing plaintiff.
197197 19 (k) For purposes of this Section:
198198 20 "Electric vehicle charging station" means a station that
199199 21 delivers electricity from a source outside an electric vehicle
200200 22 into one or more electric vehicles. "Electric vehicle charging
201201 23 station" may include several charge points simultaneously
202202 24 connecting several electric vehicles to the station and any
203203 25 related equipment needed to facilitate charging plug-in
204204 26 electric vehicles.
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215215 1 "Reasonable restrictions" means restrictions that do not
216216 2 significantly increase the cost of the station or
217217 3 significantly decrease its efficiency or specified
218218 4 performance.
219219 5 (765 ILCS 160/1-72 new)
220220 6 Sec. 1-72. Electric vehicle dedicated TOU meters.
221221 7 (a) Any covenant, restriction, or condition contained in
222222 8 any deed, contract, security instrument, or other instrument
223223 9 affecting the transfer or sale of any interest in a common
224224 10 interest community and any provision of a community instrument
225225 11 that either effectively prohibits or unreasonably restricts
226226 12 the installation or use of an electric vehicle dedicated TOU
227227 13 meter or is in conflict with this Section is void and
228228 14 unenforceable.
229229 15 (b) This Section does not apply to provisions that impose
230230 16 reasonable restrictions on the installation of an electric
231231 17 vehicle dedicated TOU meter. However, it is the policy of this
232232 18 State to promote, encourage, and remove obstacles to the
233233 19 effective installation of an electric vehicle dedicated TOU
234234 20 meter.
235235 21 (c) An electric vehicle dedicated TOU meter shall meet
236236 22 applicable health and safety standards and requirements
237237 23 imposed by State and local authorities and all other
238238 24 applicable zoning, land use, or other ordinances or land use
239239 25 permits.
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250250 1 (d) If approval is required for the installation or use of
251251 2 an electric vehicle dedicated TOU meter, the application for
252252 3 approval shall be processed and approved by the association in
253253 4 the same manner as an application for approval of an
254254 5 architectural modification to the property, and shall not be
255255 6 willfully avoided or delayed. The approval or denial of an
256256 7 application shall be in writing. If an application is not
257257 8 denied in writing within 60 days from the date of receipt of
258258 9 the application, the application shall be deemed approved
259259 10 unless the delay is the result of a reasonable request for
260260 11 additional information.
261261 12 (e) If the electric vehicle dedicated TOU meter is to be
262262 13 placed in a common area or an exclusive use common area, as
263263 14 designated in the common interest community's bylaws, the
264264 15 following applies:
265265 16 (1) The unit owner shall first obtain approval from
266266 17 the association to install the electric vehicle dedicated
267267 18 TOU meter and the association shall approve the
268268 19 installation if the unit owner agrees in writing to:
269269 20 (i) comply with the association's architectural
270270 21 standards for the installation of the electric vehicle
271271 22 dedicated TOU meter; and
272272 23 (ii) engage the relevant electric utility to
273273 24 install the electric vehicle dedicated TOU meter and,
274274 25 if necessary, a licensed contractor to install the
275275 26 wiring or conduit necessary to connect the electric
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286286 1 meter to an electric vehicle charging station, as
287287 2 defined in Section 1-71.
288288 3 (2) The unit owner, and each successive unit owner, of
289289 4 an electric vehicle dedicated TOU meter shall be
290290 5 responsible for:
291291 6 (i) costs for damage to the electric vehicle
292292 7 dedicated TOU meter, common area, exclusive use
293293 8 common area, or separate interests resulting from
294294 9 the installation, maintenance, repair, removal, or
295295 10 replacement of the electric vehicle dedicated TOU
296296 11 meter;
297297 12 (ii) costs for the maintenance, repair, and
298298 13 replacement of the electric vehicle dedicated TOU
299299 14 meter until it has been removed and for the
300300 15 restoration of the common area after removal; and
301301 16 (iii) disclosing to prospective unit owners
302302 17 the existence of any electric vehicle dedicated
303303 18 TOU meter of the unit owner and the related
304304 19 responsibilities of the unit owner under this
305305 20 Section.
306306 21 (f) The association may install an electric vehicle
307307 22 dedicated TOU meter in the common area for the use of all
308308 23 members of the association and all unit owners. The
309309 24 association shall develop appropriate terms of use for the
310310 25 electric vehicle dedicated TOU meter.
311311 26 (g) An association that willfully violates this Section is
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322322 1 liable to the unit owner for actual damages and shall pay a
323323 2 civil penalty to the unit owner in an amount not to exceed
324324 3 $1,000.
325325 4 (h) In an action by a unit owner requesting to have an
326326 5 electric vehicle dedicated TOU meter installed and seeking to
327327 6 enforce compliance with this Section, the court shall award
328328 7 reasonable attorney's fees to the prevailing plaintiff.
329329 8 (i) For purposes of this Section:
330330 9 "Electric vehicle dedicated TOU meter" means an electric
331331 10 meter supplied and installed by an electric utility that is
332332 11 separate from, and in addition to, any other electric meter
333333 12 and is devoted exclusively to the charging of electric
334334 13 vehicles, and that tracks the time of use (TOU) when charging
335335 14 occurs. "Electric vehicle dedicated TOU meter" includes any
336336 15 wiring or conduit necessary to connect the electric meter to
337337 16 an electric vehicle charging station, as defined in Section
338338 17 1-71, regardless of whether it is supplied or installed by an
339339 18 electric utility.
340340 19 "Reasonable restrictions" means restrictions based upon
341341 20 space, aesthetics, structural integrity, and equal access to
342342 21 electric vehicle dedicated TOU meter services for all unit
343343 22 owners. "Reasonable restrictions" does not include an
344344 23 association's refusal to find a reasonable way to accommodate
345345 24 the installation request unless the association would need to
346346 25 incur an expense.
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