Can a Florida HOA Deny an EV Charger? Chapter 720 vs. Chapter 718

A homeowner in a gated community outside Orlando reads a news story about a condo owner who got an EV charger approved in a few weeks, no board fight required. She forwards it to her HOA board with one question: doesn't that law cover us too?

It doesn't. That mix-up shows up in board meetings, HOA Facebook groups, and property manager inboxes across Florida on a regular basis, and it's worth untangling before it turns into a fight over a right that was never actually guaranteed.

The confusion makes sense. Florida Statute 718.113(8) gets cited constantly in EV-charging conversations, and for good reason — it's a real, specific protection. It's just a condo protection. HOA homeowners live under a different chapter of Florida's statutes, and that chapter doesn't contain the same language.

Short answer: No, Florida's condominium statute does not require an HOA to approve an EV charger request. Fla. Stat. 718.113(8) — the "may not unreasonably deny" protection — sits in Chapter 718, which governs condominiums, not Chapter 720, which governs homeowners' associations. That means an HOA board generally has more discretion to approve, modify, or deny a charger request under its own declaration and architectural review guidelines, because no equivalent statutory carve-out currently exists for EV chargers under Chapter 720.

Does Florida law require my HOA to allow an EV charger?

No. There is no Chapter 720 statute that mirrors 718.113(8)'s "may not unreasonably deny" language written specifically for EV chargers. Absent that kind of statutory carve-out, an HOA homeowner's EV charger request is handled the same way a request to change a driveway, a fence, or a paint color would be — under the community's declaration and whatever architectural review process it has adopted.

Why Chapter 718 doesn't cover HOA homeowners

Florida splits community association law into two separate chapters. Chapter 718 governs condominiums. Chapter 720 governs homeowners' associations. Fla. Stat. 718.113(8) and 718.113(9) — the two subsections that deal with EV charger approvals and board-installed charging on common elements — both live inside Chapter 718. They were written for condos, they apply to condos, and they do not extend to HOAs or to rental apartment communities. A homeowner citing 718.113(8) to an HOA board is citing the wrong chapter, not a loophole the board is ignoring.

What an HOA board can actually do with a charger request

Without a statutory "may not unreasonably deny" requirement aimed at EV chargers, an HOA board's authority runs through its own governing documents. That typically means the declaration of covenants and whatever architectural review committee (ARC) standards the community has in place — the same framework that governs a request to install a shed, repaint a door, or add solar panels. A board can generally set reasonable conditions: where the equipment can go, what it has to look like, who pays for installation and maintenance, and what insurance or permitting has to be on file. Many declarations also carry their own material-alteration provisions that go beyond what any statute requires. What a board can and can't do under its specific declaration is a document-by-document question, not a statewide one — which is exactly why this is a conversation for association counsel, not a statute lookup.

The lower-risk move for an HOA board

Whether or not the law forces the issue, adopting a written EV charging policy before a request ever comes in is the safer path for a board. A short policy that spells out an approved hardware standard, the permitting process, and insurance requirements turns what would otherwise be a case-by-case judgment call into a documented, repeatable process. That removes both the risk of an inconsistent decision from one homeowner to the next and the appearance of an arbitrary denial — which is usually what turns a routine request into a dispute in the first place. A board doesn't need a state mandate to see the value in having the answer ready before the question is asked.

How condo boards handle this differently

Condo boards under Chapter 718 have a second tool that HOA boards don't: Fla. Stat. 718.113(9) says board-installed EV charging on the common elements is not a material alteration, so it generally does not require a full membership vote — just board action. That's a different mechanism solving a different problem. 718.113(8) protects an individual unit owner's request; 718.113(9) lets the board itself install shared charging infrastructure without going back to the entire membership. Neither subsection applies to HOAs, but the underlying idea — that a board can move on charging infrastructure without a drawn-out approval process — is worth understanding if your community is weighing a shared-infrastructure approach rather than one-off homeowner installs. For more on how that plays out for condos specifically, see how condo boards install EV charging without a membership vote.

One charger, every car

Whatever policy an HOA board lands on, the hardware question is simpler than most boards expect. Florida Chargers installs the Tesla Universal Wall Connector — a Level 2, 48-amp, 11.5 kW charger with a NACS connector and a built-in J1772 adapter. It plugs directly into a Tesla, and it charges every other major EV brand through the built-in adapter, no separate hardware required. A board that worries about approving a charger that only serves one brand of car in the community can set that concern aside — this is a single hardware standard that works for whoever ends up parking in that spot next. For a broader look at how the law applies across Florida associations, see the Florida HOA EV charger law overview.

This article is for informational purposes only and does not constitute legal advice. Consult a licensed Florida attorney for guidance specific to your association.

Florida Chargers is a veteran-owned, Tesla Certified commercial EV installer serving HOA communities across Florida. Whether your board is drafting a policy or a homeowner is bringing a request to the table, Florida Chargers can walk through the hardware and installation side so the decision isn't made in the dark. Reach out for a no-pressure free site assessment. Call 321-467-2099 or visit flchargers.com.