Station Square Ruling: Florida Condo EV Charger Board Conditions Under 718.113

Florida condo boards now have early appellate guidance on EV charger board conditions under Fla. Stat. 718.113. In Persechino v. Station Square Condominium Association, Inc., No. 2D2025-2610 (Fla. 2d DCA Aug. 14, 2026), the Second District Court of Appeal affirmed a Pinellas County Court nonfinal order granting the association a temporary injunction. Station Square is a condominium in Clearwater, in Pinellas County. The appeal was brought under Fla. R. App. P. 9.130, so this is an early-stage ruling, not a final judgment on the merits, and the opinion is subject to revision before official publication.

What happened

After the association denied their application, the owners installed a Tesla charger in their assigned limited-common-element garage space. They ran about 145 feet of conduit to the association's electrical box and did not separately meter the charger to the association's satisfaction. The association sought, and the county court granted, a temporary injunction.

Holding one: "may not prohibit" still allows limits

Section 718.113(8) says an association "may not prohibit" an owner's charger. The court read that as not stopping an association from imposing limits. The five items in 718.113(8)(h) that an association may require are not an exhaustive list, and 718.113(8)(b), on no irreparable damage, and 718.113(8)(c), on separate metering paid by the owner, are further limits. In effect, Florida Chargers reads the (8)(h) list as a floor rather than a ceiling.

Holding two: an owner install can be a material alteration

Unlike 718.113(9), subsection (8) has no "not a material alteration" language. If the evidence shows an owner's installation materially alters or substantially adds to the common elements, it needs approval under 718.113(2)(a): the declaration's procedure, or 75% of the total voting interests if the declaration is silent.

What a Florida condo board should take from it

• Review the declaration's material-alteration provisions with association counsel.
• Put owner-request conditions, including metering, in a written EV charging policy so they apply consistently.
• Consider a board-run common-area program under 718.113(9), which requires no membership vote.

An association-installed common-area program under 718.113(9) avoids the material-alteration vote question that owner installs can trigger.

The full statutory background is in the Florida condominium EV charger law guide. A condo board that wants a common-area plan can request a free site assessment from Florida Chargers, or call 321-475-2689.

This post is an informational summary of a court decision and is not legal advice. Boards should read the opinion with association counsel before changing a policy.