§ 343. Certain covenants, conditions, and restrictions of homeowners'
associations prohibited. 1. Definitions. For the purposes of this
section:

(a) "restriction on use" shall mean any covenant, restriction, or
condition contained in:

(i) a deed;

(ii) a contract;

(iii) the by-laws of a homeowners' association;

(iv) any rules or regulations adopted by a homeowners' association;

(v) a security agreement; or

(vi) any other instrument affecting the transfer or sale of, or any
interest in, real property.

(b) "electric vehicle charging station" shall have the same meaning as
such term is defined in section three hundred thirty-nine-ll of this
chapter.

2. A homeowners' association may not adopt or enforce any rules or
regulations that would effectively prohibit, or impose unreasonable
limitations on, the installation or use of an electric vehicle charging
station. A restriction on use which effectively prohibits the
installation or use of an electric vehicle charging station is
unenforceable and shall be void as contrary to public policy. For the
purposes of this subdivision, an unreasonable limitation includes, but
is not limited to, any restriction on use that:

(a) inhibits the electric vehicle charging station from functioning at
its intended maximum efficiency; or

(b) increases the electric vehicle charging station's installation or
maintenance costs by an amount which is estimated to be greater than ten
percent of the total cost of the initial installation of the electric
vehicle charging station, including the costs of labor and equipment.

3. Notwithstanding subdivision two of this section, a homeowners'
association may adopt or enforce a restriction on use to prohibit the
installation of an electric vehicle charging station that is located on
property owned by the homeowners' association or that is located on
property owned in common by the members of the homeowners' association.

4. If approval for the installation or use of an electric vehicle
charging station is required by a homeowners' association, the
application for approval shall be processed and approved by the
association in a manner prescribed by the association and shall not be
willfully avoided or delayed. The approval or denial of an application
shall be in writing. Any denial of a homeowner's application shall
include a detailed description of the exact basis for the denial and
shall include specific examples of the homeowners' association's
concerns, if applicable. If an application is not denied in writing
within sixty days from the date of receipt of the application, the
application shall be deemed approved, unless that delay is the result of
a reasonable request for additional information.

5. An electric vehicle charging station shall meet the requirements
established by any local, state or federal law, rule or regulation on
health and safety standards and those requirements imposed by state and
local permitting authorities.

6. In any action by a homeowner requesting to have an electric vehicle
charging station installed and seeking to enforce compliance with this
section, the homeowner shall be awarded reasonable attorney's fees if he
or she prevails.