Can a Florida HOA or Condo Board Deny an EV Charger? (FL Statute 718.113 Explained)

§718.113(8): unit owners have a statutory right to install

A condominium association may not enforce any declaration, covenant, or rule that prohibits a unit owner from installing an electric vehicle charging station in their limited common element parking area or in the parking space exclusively designated for their unit. The install is at the owner's expense, and the association can impose reasonable architectural and safety requirements — but it cannot say no.

In practical terms, the association may require the owner to:

• Use a licensed Florida electrical contractor.
• Comply with all applicable building and electrical codes.
• Separately meter the charger so the owner pays for their own electricity.
• Carry insurance naming the association as additional insured.
• Sign an agreement covering maintenance, repair, and removal at the owner's cost.

§718.113(9): the board can install common-area charging without a full membership vote

This is the subsection most boards don't realize exists. The association may install and operate EV charging stations on the common elements — and the statute states that doing so is not a material alteration or substantial addition to the common elements.

That single sentence is the reason boards can act. Material alterations normally require a supermajority membership vote (often two-thirds). By statutorily removing EV charging from the material-alteration category, Florida gave boards the ability to add a modern amenity without a community-wide vote. The board may also set reasonable user fees for the stations to recover the operating cost.

The practical takeaway for boards

Owner-driven installations are coming to your property whether you plan for them or not. Every request is different, every unit's parking situation is different, and reacting one owner at a time creates inconsistent placements, mixed hardware, unclear insurance, and cost-recovery arguments.

A board-managed common-area charging program flips that dynamic. The association controls placement, safety standards, insurance, metering, and cost recovery — and can even generate a modest revenue stream from user fees. Under §718.113(9), you don't need a membership vote to do it. You need a plan.

A well-run rollout typically looks like this:

• Adopt a written EV charging policy so owner requests are handled consistently.
• Commission a site assessment to identify where common-area stations belong.
• Choose a networked platform so the association can meter, bill, and monitor centrally.
• Coordinate with the utility on any make-ready or incentive programs.
• Roll out in phases matched to actual demand at your property.

How Florida Chargers helps

We're a Tesla-certified, veteran-owned Florida installer. We design, permit, install, and operate networked commercial EV charging for condos and HOAs across the state — including the Central Florida corridor and the Panhandle. Under Share the Revenue, the property invests in the professional installation and Florida Chargers owns and operates the chargers — then the property earns 50% of net charging profit in Years 1–5 and 30% from Year 6 onward. Tesla Wall Connector hardware is included. Financing is available for qualified properties to cover the electrical infrastructure and installation with no money down, so a project can start without a capital outlay from reserves or a special assessment. We handle the incentive paperwork and factor available utility programs into every proposal.

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This article is general information about Florida Statute §718.113 and is not legal advice. Every declaration is unique — boards should consult their association counsel before adopting a policy or approving installations.