WHITE PAPER: Illinois EV Charging Law and HOA Legal Obligations in Chicago
Introduction and Legal Background
Illinois enacted the Electric Vehicle Charging Act (765 ILCS 1085), effective January 1, 2024¹. This law applies to condominium and homeowners association (HOA) communities, affirming the rights of unit owners and tenants to install EV charging stations at their parking spaces under reasonable conditions¹. It renders unenforceable any provisions in governing documents that prohibit or unreasonably restrict such installations, thus facilitating broader access to EV infrastructure in multifamily housing¹.
The Act is part of Illinois’ broader strategy to support the state’s climate goals and zero-emission vehicle adoption targets. As EV ownership increases, particularly in urban centers like Chicago, access to residential charging becomes critical. This law is intended to remove common barriers in shared housing environments where charging infrastructure has lagged due to board inaction, lack of infrastructure, or restrictive covenants².
Scope of the Law: Associations and Properties Covered
The Electric Vehicle Charging Act applies to all condominium and common interest communities in Illinois that provide parking facilities¹. Initially aimed at new construction, the Act was amended in December 2023 to include existing developments³. This expansion ensures that virtually all multifamily buildings with homeowner associations are subject to the new provisions³.
In Chicago, local law already included an EV readiness ordinance. As of late 2023, the City of Chicago mandates that all new residential parking spaces be "EV-ready," meaning equipped with the conduit, wiring, and panel capacity to support Level 2 chargers⁴. These municipal requirements dovetail with the state statute, aligning both zoning and community law toward a consistent EV infrastructure standard⁴. However, the state law remains operative even in municipalities with no such local provisions.
Owners’ “Right to Charge” vs. HOA Restrictions
The cornerstone of the Act is its prohibition on deed restrictions, covenants, or association rules that prevent or unreasonably restrict the installation or use of an EV charging system in a unit owner’s deeded or exclusive-use parking space¹. The law provides that any such provisions are void and unenforceable¹. This is a significant change for associations that previously maintained general bans on electrical alterations or personal charging equipment in garages or parking structures.
Associations may still impose "reasonable restrictions," which are defined as those that do not significantly increase the cost of the charging system or reduce its performance⁵. Typical examples include requiring concealed conduit runs, adherence to architectural standards, or limitations on equipment type for aesthetic reasons⁵. Restrictions must be content-neutral and enforceable without effectively preventing the installation⁵.
Process for Approval of EV Charger Requests
Associations must process applications for EV charging equipment in the same manner as other modification or architectural alteration requests. An association has 60 days to approve or deny a written application. If no written denial is issued within that time, the application is deemed approved by default⁶. This is designed to prevent boards from stalling or indefinitely deferring decisions⁶.
A denial must be in writing and must state with specificity the reason for rejection. Boards may not cite generalized concerns, such as devaluation of property or potential insurance implications, unless backed by specific evidence. Requests that meet the criteria set forth in the Act and comply with local codes cannot be denied solely on the basis of board discretion.
Owner Responsibilities and Conditions for Installation
Unit owners who wish to install EV charging stations must meet several specific obligations:
The installation must comply with all applicable building codes, fire and electrical safety standards, and municipal ordinances¹.
A licensed and insured contractor must perform the installation. The contractor must provide proof of general liability insurance and name the association as an additional insured¹.
The owner must provide proof of liability insurance covering the charger and must add the association as an additional insured under their policy⁷.
The owner is solely responsible for all installation costs, electricity usage, maintenance, repair, and eventual removal of the system⁸.
The owner accepts liability for any property damage or injury arising from the charger’s installation, use, or malfunction⁸.
The association may require the owner to enter into a written modification or license agreement acknowledging these obligations. This ensures the association has recourse if the installation creates hazards, is abandoned, or needs to be removed during future construction⁹.
Rights of Renters in Condo and HOA Communities
Section 35 of the Act grants similar rights to residential tenants. Tenants who lease units in multifamily properties may request to install EV charging equipment in their designated parking spaces². Landlords and associations may impose the same reasonable restrictions and require compliance with identical insurance, permitting, and cost-bearing obligations as they do for owners².
This provision aligns state law with growing interest in renter charging access and harmonizes with prior Chicago legislative efforts⁴. Although the renter must obtain permission from the property owner, the HOA cannot obstruct such installation where the owner and tenant have otherwise complied with legal conditions.
Enforcement and Penalties for Non-Compliance
If an association violates the Act by denying a qualified request, enforcing an invalid restriction, or failing to respond within the required time, it may be subject to:
Actual damages suffered by the requesting party
A statutory civil penalty of up to $500
The applicant's reasonable attorney's fees and court costs¹
There is no fee-shifting provision for associations. Even if an association prevails in litigation, it may not recover attorney’s fees. This asymmetrical enforcement mechanism underscores the legislature’s intent to favor access and deter obstruction¹.
Proactive HOA Strategies and “Make-Ready” Infrastructure
Although the Act does not require associations to install or fund EV charging infrastructure, some HOAs may choose to invest in make-ready upgrades during capital improvement projects¹⁰. These may include the installation of spare conduit, capacity increases at the electrical panel, or common-area metering infrastructure¹⁰. Such improvements are not mandated, but they can streamline individual charger installation, minimize disruption, and lower costs for residents in the long term¹⁰.
Make-ready infrastructure planning also supports equitable access¹¹. Without planning, early adopters may consume available electrical capacity, leaving others without the opportunity to install chargers¹¹. A proactive approach can prevent infrastructure bottlenecks and help associations meet future demand in an orderly and cost-effective manner¹¹.
Boards considering such upgrades should consult with electrical engineers or infrastructure planners and determine whether cost-sharing or special assessments are appropriate¹². Some utilities and state programs may offer rebates or grants to offset these expenses¹².
Conclusion
The Illinois Electric Vehicle Charging Act imposes a clear legal obligation on condominium and HOA communities to accommodate EV charging under specific, enforceable conditions¹. Associations should promptly update governing documents, adopt compliant procedures, and ensure that boards are prepared to process requests within the required timeframe¹.
While associations are not required to fund infrastructure upgrades, planning for make-ready improvements can reduce conflict, support equitable access, and future-proof residential communities¹⁰. As EV adoption accelerates, HOAs that adapt early will be better positioned to serve their residents and comply with evolving legal standards.
Sources
¹ Public Act 103-53, Illinois Electric Vehicle Charging Act, 765 ILCS 1085; KSN Law, "New Illinois Law Sparks a Change to Condo Owners and Tenants," Sept. 2023; Hirzel Law Blog, "Illinois HOA EV Charger Obligations," June 2024.
² LP Legal Update, "Clarified Rights and Obligations Under the Illinois EV Charging Act," March 2024.
³ Illinois General Assembly Amendment to 765 ILCS 1085, Dec. 2023.
⁴ City of Chicago Department of Buildings, EV Readiness Code Update, 2023.
⁵ Socrates, I., "Developer’s Roadmap to the EV Charging Act," Nov. 2023.
⁶ 765 ILCS 1085/30(b).
⁷ 765 ILCS 1085/30(b)(3).
⁸ 765 ILCS 1085/30(b)(4) and (5).
⁹ FirstService Residential, "EV Charging Agreements in HOAs," July 2024.
¹⁰ Energy Exchange (EDF), "Equitable EV Charging Access in Illinois," June 2023.
¹¹ HOA-USA, "Make-Ready Infrastructure in Multifamily Buildings," Aug. 2023.
¹² FirstService Residential, "EV Charging Strategies for Boards," 2024.
