As electric vehicle (EV) adoption continues to accelerate across the Maryland community associations are seeing a surge in requests for charging station installations. Under Maryland law, boards are required to approve these requests provided they meet specific criteria. However, “Right to Charge” does not mean “Free to Charge.” Maryland law gives associations powerful tools to shift liability and costs onto the unit owner.
In Maryland, the “Right to Charge” is governed by specific statutes—MD Real Property Code § 11-111.4 (Condominiums) and § 11B-111.8 (HOAs). By 2026, these laws have been refined to ensure that boards cannot “unreasonably restrict” owners from installing chargers, while clearly defining the owner’s insurance and financial obligations.
1. The 60-Day “Deemed Approved” Rule
In Maryland, an application for an EV charger must be processed in the same manner as an architectural modification.
- The Deadline: If the board does not deny an application in writing within 60 days, it is “deemed approved” by default.
- The Strategy: Managers must ensure EV applications are timestamped and moved to the top of the ARC (Architectural Review Committee) agenda to avoid losing the board’s right to impose conditions.
2. Mandatory Insurance Requirements
While the Maryland statute says an owner “shall” provide a certificate naming the HOA as an additional insured, a major conflict has arisen because many HO-6 (condo) insurance carriers often refuse to add an association as an “additional insured” for a personal charger.
Maryland law is explicit about who carries the risk. A lot/unit owner is required to do one of two things before installation begins:
- Option A: Certificate of Insurance (COI). Provide a COI naming the association as an additional insured. While some national carriers are resisting this, Maryland statute still lists this as a primary requirement to protect the association from fire or electrical damage claims.
- Option B: Premium Reimbursement. If the owner cannot or will not provide a COI, they must reimburse the association for any increase in the master policy premium specifically attributable to the EV station.
3. The “Successor Owner” Liability
One of the most important provisions of the Maryland Real Property Code is that the responsibility for the charger is not personal—it follows the property.
- The current owner and each successive owner are responsible for the cost of maintenance, repair, and replacement.
- If a new buyer does not want the charger, they are still legally responsible for the cost of removing it and restoring the common element to its original condition.
4. Electrical & Metering Standards
Maryland law requires the owner to pay for all electricity used.
- Separate Metering: The installation must be separately metered or sub-metered.
- Licensed Only: Maryland recently aligned with NEC 2026 standards, which effectively prohibits DIY charger installations. All work must be performed by a Maryland Licensed Master Electrician and comply with all building codes, safety standards, and safety, fire and electric codes.
5. Reasonable vs. Unreasonable Restrictions
While you cannot ban chargers, you can impose “reasonable” rules. In MD, a restriction is generally considered unreasonable if it significantly increases the cost of the station or significantly decreases its efficiency.
- Reasonable: Requiring conduit to be painted to match the building; requiring a specific color for the charging unit; requiring a retractable cord system.
- Unreasonable: Requiring an owner to pay for a $50,000 transformer upgrade for the whole building just to install one charger (unless the grid literally cannot support it).
Quick Guide: MD EV Liability Checklist
| Requirement | Statute Reference | Who Pays? |
| Installation & Permits | § 11-111.4(d) / 11B-111.8(d) | Unit Owner |
| Damage to Common Area | § 11-111.4(f) / 11B-111.8(f) | Unit Owner |
| Additional Insured Status | § 11-111.4(g) / 11B-111.8(g) | Unit Owner |
| Electricity Usage | § 11-111.4(d)(2) | Unit Owner |
In summary, Maryland’s “Right to Charge” legal landscape has matured into a strict framework that protects owner rights while maintaining association safety and financial stability. Under MD Real Property Code § 11-111.4 (Condos) and § 11B-111.8 (HOAs), as well as the newly expanded HB 405 (2026), boards are legally prohibited from banning EV chargers but are empowered to enforce specific insurance and procedural safeguards.
Emerging 2026 Issues
- Housing Cooperatives: As of 2024–2025, “Right to Charge” protections were extended to Cooperative Housing Corporations (SB 465), aligning them with HOAs and Condos.
- Electric Bicycles: Maryland’s definition of “EV equipment” now explicitly includes charging for e-bikes, preventing boards from banning e-bike chargers in common storage areas.
- Retroactive Power: New laws passed in 2026 apply retroactively, meaning associations cannot rely on old bylaws from the 1990s or 2000s to block modern charger requests.
Key Takeaway for Managers
| Requirement | Status in Maryland (2026) |
| Approval Timeline | Strict 60-day window to avoid “Default Approval.” |
| Insurance Limit | Generally $1M (standard industry recommendation). |
| Install Method | Must be a MD Licensed Master Electrician. |
| Electricity | Must be separately metered or sub-metered at owner expense. |
Written by Orlando Dorsey and Connie Phillips
Phillips Condominium Group
1-888-439-0479