N.Y. Real Property Law § 343: Certain covenants, conditions, and restrictions of homeowners' associations prohibited

§ 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.