Housing Society Troubling to Charge Your EV? Here’s how to handle it Legally.

Updated on Sep 19, 2023 | 6 min read

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Electric vehicles are the next generation’s mode of commutation, and they are coming to save us from the catastrophic damage that we’ve done to our planet. But not everyone is comfortable with this revolution due to various reasons like, lack of foundational policies, and proper framework, and some are just misguided due to various myths spread across the industry. So, if you are facing a hard time using your EV in your housing society due to either of the reasons, here in this blog post we are gonna look at the ways you can deal with such issue and what the Indian law has to say about it.

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Review your society’s bylaws – The society cannot make arbitrary rules without following due process. Review your bylaws to see if there are any provisions about EV charging. If not, any informal restrictions from society will not be legally tenable.
Understand electricity regulations – Housing societies cannot restrict you from installing an EV charger in your parking slot, as per MERC regulations. The electricity for charging is also separately metered, so society has no justification to object.
Send a formal communication – Write to your society management citing the MERC regulations and your rights as an EV owner. State that you intend to install a charger in your designated parking and request their cooperation.
Partner with other EV owners – Connect with other EV owners in your society. Submit a joint formal request to the society to work out an appropriate EV policy. Societies cannot ignore the needs of their members.
Approach MERC – If the society does not cooperate, you can approach the MERC or consumer court. Unreasonable restrictions on EV charging amount to a violation of electricity regulations.

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While most housing societies are cooperative, some need persuasion to form progressive EV policies. As an EV owner, know your legal rights. But also engage proactively with your society and work towards a collaborative solution. The EV transition will require accommodation and partnerships from all stakeholders.

What’s the correct way to charge your EV in a residential society:

The correct protocol for EV charging in a housing society is to install an EV charger at your designated parking spot and ensure the electricity usage is metered separately. As per MERC regulations, societies cannot restrict a member from installing a charger in their parking slot.

The EV owner should formally communicate their intent to society and request their cooperation in finding a suitable charging solution. It is advisable for the EV owner to have a licensed electrician install the charger as per safety standards. The EV can then be charged by plugging into this charger, and the electricity consumed will be billed to the EV owner’s separate meter. This ensures there are no disputes over common area electricity usage. Housing societies should accommodate EV charging infrastructure in a collaborative spirit as it is an eco-friendly initiative benefitting the larger community.

Rights you have as a resident of housing society:

As an EV owner residing in a housing society, you have the following rights when it comes to charging your electric vehicle:

– You have the right to install an EV charging point at your designated parking spot. Housing societies cannot legally stop you from installing a charger in your own parking space.

– The electricity used for charging your EV should be separately metered. Society cannot force you to pay for EV charging from common electricity bills.

– You have the right to get a dedicated electrical connection for your EV charger as per MERC regulations. This connection and metering is your responsibility.

– The society cannot overcharge you for administrative charges beyond the costs of providing the electrical connection and meter.

– You have the right to a suitable parking location that allows convenient charging access. The society should accommodate your needs if possible.

– Society cannot bar you from charging your EV during certain hours or impose arbitrary restrictions. You can charge your EV as needed.

– You have the right to approach MERC if the society imposes unreasonable restrictions or violates electricity regulations for EV charging.

As an EV owner, you should proactively discuss your charging needs with society and take them into confidence. But know your legal rights in case you face any issues during the process.