California HOA EV Charging Rules Are Changing Again: SB 1267 Explained

The problem SB 1267 is aimed at:

More owners in condos and planned developments want to charge at home, and for many of them the only place to put a charger is a common area or an exclusive-use common area, like an assigned garage space. Section 4745 already requires associations to approve those installations if the owner meets certain conditions.

What the statute didn't clearly settle was liability once the charger is in use. According to the author's statement in the Senate Judiciary analysis, "uncertain risks make it more difficult for HOAs to obtain adequate insurance policies in an increasingly unaffordable market." An association that is legally required to allow a charger it doesn't own, can't control, and may not be able to insure is in an uncomfortable spot. SB 1267 is the Legislature's attempt to narrow that gap.

What SB 1267 changes:

The bill makes three changes to Section 4745.

1. Owners are responsible for damage from the charger's use, not just installation and upkeep.

Under current law, the owner (and each successive owner) is responsible for damage to the charger, the common area, exclusive-use common area, and other owners' separate interests resulting from the "installation, maintenance, repair, removal, or replacement" of the charging station. SB 1267 adds "use" to that list. If a charger overheats or a cable causes damage while it's operating, that's now explicitly on the owner, not just damage from the work of putting it in or taking it out.

2. Installers must indemnify the association and members for installation damage.

A new paragraph, (f)(5), provides that "the installer of the electric vehicle charging stations shall indemnify or reimburse the association or the members for loss or damage caused by the installation of the electric vehicle charging station." Some summaries describe this indemnity as also covering maintenance or use. The chaptered text, as we read it, refers only to installation.

3. New intent language on association liability.

New subdivision (l) states that, except in cases of gross negligence, the Legislature intends to give an association that has complied with Section 4745 civil liability protection for injuries and damages "emanating from an electric vehicle charging station or its use that the association does not own." Read this one carefully. It's a statement of legislative intent, not a standalone immunity clause. It may help an association in a dispute, but it doesn't take the place of good insurance and good paperwork.

What got dropped. An earlier version of the bill would have required owners to sign a separate maintenance-and-indemnity agreement limiting the HOA's liability. The Senate analysis flagged that it was unclear how that would affect an owner's ability to get the required insurance, and the requirement was removed in the Assembly. It isn't in the final law.

What stays the same:

Most of Section 4745 is untouched, and boards should keep following it.

• Restrictions that effectively prohibit or unreasonably restrict installing or using a charger in an owner's designated parking space are still void. "Reasonable restrictions" that don't significantly increase cost or decrease efficiency are still allowed.
• The 60-day clock: Applications are processed like architectural modification requests. If the association doesn't deny an application in writing within 60 days, it's deemed approved, unless the delay comes from a reasonable request for more information.
• Owner conditions for approval: For a charger in a common area or exclusive-use common area, the association must approve if the owner agrees in writing to comply with architectural standards, use a licensed contractor, provide a certificate of insurance within 14 days of approval, and pay for installation and electricity.
• Insurance: The owner must maintain a liability coverage policy at all times and provide a certificate annually. The statute doesn't set a dollar amount. (The $1 million figure from the 2011 version was removed in 2018.)
• Disclosure to buyers: Owners must disclose the charger and the related responsibilities to prospective buyers.
• Non-exclusive common area. A charger for one owner's exclusive use in a general common area is still allowed only when installing in the owner's designated space is impossible or unreasonably expensive, and the association then enters into a license agreement.
• Penalties: A willful violation still exposes the association to actual damages plus a civil penalty of up to $1,000, and a prevailing homeowner plaintiff still recovers reasonable attorney's fees.

Board checklist before January 1, 2027:

• Update your EV charger agreement to reflect that the owner is responsible for damage arising from the charger's *use*, in addition to installation, maintenance, repair, removal, and replacement.
• Require installer information on the application, including the contractor's license and insurance, so the new installer indemnity has someone to attach to.
• Keep your approval process on the 60-day clock. Track the date each application is received and the date of any written request for more information.
• Track the 14-day and annual insurance certificates for every approved charger. A missing certificate is the most common gap.
• Document compliance: The new intent language protects associations that "complied with this section," so keep the application, approval, agreement, insurance certificates, and buyer disclosures on file.
• Talk to your insurance broker about whether the change affects the association's coverage or premiums.
• Brief your manager so the management company's EV workflow matches the updated statute.

FAQ

• When does SB 1267 take effect?

January 1, 2027. The bill was signed September 20, 2026, and has no urgency clause.

• Does SB 1267 give California owners new rights to install EV chargers?

No. Owner installation rights under Civil Code section 4745 are unchanged. The bill shifts more responsibility for damage onto owners and installers.

• Who pays if an EV charger damages a common area?

The owner and each successive owner of the unit. Starting in 2027, that explicitly includes damage resulting from the charger's use. The installer must also indemnify or reimburse the association or members for damage caused by the installation.

• Does a California HOA still have to approve an EV charger within 60 days?

Yes. If the association doesn't deny the application in writing within 60 days, it's deemed approved, unless the delay is due to a reasonable request for more information.

• How much insurance must a California owner carry for an EV charger?

Section 4745 requires a liability coverage policy but sets no dollar amount. The owner must provide a certificate of insurance within 14 days of approval and annually after that.

• Is my HOA immune from liability for owner-installed chargers?

Not automatically. SB 1267 adds a statement of legislative intent favoring liability protection for associations that complied with Section 4745, except for gross negligence. It isn't a blanket immunity, so keep your records and your insurance current.

• Keep the paperwork with the charger

SB 1267 rewards associations that can show they followed Section 4745. That means a dated application, a signed agreement, current insurance certificates, and a record of the buyer disclosure, for every charger, for as long as it's installed. My Front Yard helps boards keep architectural requests, owner agreements, and compliance records in one place and track renewal dates, so the annual insurance certificate doesn't slip through the cracks.

---

*Sources: S.B. 1267 (Allen), Stats. 2026, ch. 350, amending Cal. Civ. Code § 4745, via CalMatters Digital Democracy; Senate Judiciary Committee analysis of S.B. 1267 (as amended Mar. 26, 2026); FindHOALaw, "SB-1267 (Allen) Common interest developments: electric vehicle charging stations owned by members in common areas."*

*Informational only, not legal advice. Talk to your association's attorney before changing your EV charging application, agreement, or architectural guidelines.*