Electricity charging in condominiums

לפי דברי ההסבר להצעת החוק רוח המחוקק היא להסדיר את התקנה של עמדות הטעינה בבתים משותפים “תוך איזון בין זכות הקניין של בעלי הדירות ברכוש המשותף, לבין הצורך של בעל דירה יחיד להשתמש ברכוש המשותף כדי להעביר תשתית מתאימה לשם הקמת עמדת טעינה לרכב חשמלי

In the explanatory notes to the bill, the legislator proposes a balance between the property rights of the condominium owners and the needs of a single apartment owner to use the shared property for the establishment of a charging station for an electric vehicle.

“The apartment connection” is a connection directly from the apartment in the shared house of the owner of the electric vehicle.

“חיבור ייעודי” – חיבור חשמל נוסף, שנועד לשמש מעדת טעינה לרכבים חשמליים ומותקן בהתאם לכללי רשות החשמל, שאינו חיבור דירתי או ציבורי.

“חיבור ציבורי” – חיבור חשמל ציבורי המשמש בין היתר את הרכוש המשותף כגון מעליות תאורה וכד’.

Therefore, according to the bill, it will be possible to connect to any of the methods of connecting to electricity, but there is a distinction between an apartment connection, which connects the charging station to the parking lot next to the apartment, and a “public connection”, which is connected to electricity that comes from the common property.

As a result of an “apartment connection” or “dedicated” installation, tenants’ consent will not be required, however a number of conditions must be met, such as notifying the representative office and complying with the provisions of the Planning and Construction Law, etc. As a result of these provisions, the harm to the other apartment owners can be minimized as much as possible. The installation of the charging station through an apartment connection or by a dedicated connection is not necessary for compliance with all the conditions listed above.” (Bill). Real estate (amendment no. 35), 2022-2022, page 747 in the explanatory notes (installation of a charging station for an electric vehicle in a shared house)

Even the ruling of the inspector of condominiums, in whose ruling I will mention the spirit of the bill, stated that the goal is ” maintaining the safety and appearance of the house and preventing harm to the rights of the other apartment owners ” (6/348/2021 Levy Yehiam v. Nizigot and the Center Center Board of the City of Rome Phase D Kfar Saba in paragraph 49).

As opposed to a “public connection”, in which a majority of the apartment owners is required to accept it, as the connection is made to the electricity that is used, among other things, in the shared residence, and therefore, this is a direct contact with the apartment owners.

So in any case, by virtue of the provisions of the bill, it can be seen that the legislator does consider it important to allow the installation of a charging station for electric vehicles in condominiums, however, due to the fact that the law has not yet completed the legislative process as of today, the ruling of the inspector of condominiums is the one that provides a road map for such an implementation .

Given that, as of today, the ruling of the inspector of condominiums specifies the conditions for installing an electric charging station in a condominium, we stand by the various sufficiency requirements:

According to the inspector of condominiums, who has the authority to resolve disputes between neighbors in condominiums, the installation of a charging station for electric vehicles in the parking lot of a condominium is a reasonable use of common property.

It should be noted that in many houses no suitable electrical points are found for such charging, which begins to be evident in the granting of new building permits with the installation of a power source in the parking lot. Therefore, when a tenant wishes to install a charging station, he often encounters refusal or the imposition of conditions by another tenant or by the representative office.

Therefore, when disputing the installation of the charging station or establishing conditions for its installation, the parties turn to judicial courts for resolution.

In addition, when such a request is made to the condominium inspector and without an orderly legislation on the issue, such a regulation is considered in light of “reasonable use” of the property.

Is the installation of the charging station a “reasonable use” of the common property?

According to the condominium inspector, installing such a charging station in the parking lot of a condominium is a reasonable use of the shared property: “When properly installed, and connected to the apartment’s electricity, it corresponds to the times and the changing reality of our time, and there is nothing to prevent apartment owners from utilizing them in a similar manner.”6/384/2021.” Levy Yehiam v. Representation of Rum Centers in the City of Shelve, Kfar Saba As stated in paragraph 36), it can be installed without the approval of the condominium general assembly.

However, there are instances in which the delegation sets requirements in order to install the position, but the ruling specifies which requirements can be set.

Accordingly, the following conditions must be met in order for the position to be filled even without the consent of the general assembly:

1. The other tenants of the building must be notified in writing in advance of the installation date.
2. Coverage for third-party damages under an insurance policy.
3. Installation will be carried out in accordance with the electricity regulations (installation of a charging system for an electric vehicle), 2020.
4. The installer is responsible for all direct and indirect costs associated with the installation.
5. Installation will only be performed by a company or team that is properly trained, qualified, and insured.
6. A requirement to comply with the provisions of the Planning and Construction Law and other applicable laws.
7. In the event that the use or sale of the apartment to a third party ceases, or for any other reason, the installer is responsible for the full cost of removing the charging station and restoring the common property to its original condition.

Although the provisions of this judgment of the inspector are as stated above, it is the judgment of a magistrate’s court judge, so it is not binding in other cases, but it is evident that the inspector of real estate also considers the possibility of installing an electric charging station in condominiums even if there are requirements.

I would like to mention that in another ruling (TA) 783/20, Rachel Rachel’s representative v. 9 Eliyahu Berlin St. Tel Aviv This charging station was constructed in such a way that it prevented other tenants from using it in a similar manner (paragraph 62 of the judgment) and even in violation of the Electricity Law (paragraph 63 of the judgment). The inspector therefore ordered the defendant to remove the charging station at her own expense. Although in this judgment the inspector did not completely prevent the condominiums from connecting to electricity for electric vehicles, as indicated at the conclusion of the judgment:

“The claim is accepted in the sense that the defendant must dismantle the charging station installed by her and at her own expense (since the house will be connected to the new Shenaf system according to the outline provided by the representative office). Plaintiffs or one of them must allow the defendant to connect to the public electricity board through an electricity meter and in compliance with the Electricity Law. This is as long as Shenaf is not connected to 60 electric cars.

As such, despite the determination in this judgment that the charging station must be removed, it is evident that the real estate inspector, as well as the legislator, see the necessity for an electric vehicle charging station to be installed in shared housing or even to be connected to a public electrical panel.

A charging station for an electric vehicle can be installed if it meets the conditions described above as well as the laws and regulations regarding electricity, planning, and construction, etc. These things are important if it is desired to install such a station.

If you have purchased an electric car, live in a shared residence and wish to install a charging station, what do you do?

The following judgments indicate that, as of today, in the absence of any other legal provisions, a tenant may indeed install a charging station in a shared parking lot if and when he meets the conditions outlined in the rulings defining the establishment and installation of charging stations as a reasonable use of the common property which does not prevent similar uses by other tenants and which meets the requirements of the law and regulations regarding the installation of an electric vehicle charging station.

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