# Colorado HOA EV Charging Rights (2026)

> Under Colorado Revised Statutes 38-33.3-106.8, a residential association cannot deny an owner the right to install or use a Level 1 or Level 2 electric vehicle charging system on property the owner individually owns or has exclusive use of. The association can deny approval only if installation is not technically feasible or poses an unreasonable safety risk that cannot be adequately mitigated. Short of that, it can set reasonable rules on placement, number, and type of equipment, can require the owner to register the system, carry liability insurance naming the association, and indemnify it, and can make the owner pay for any electrical upgrades that the installation alone requires. The legislative purpose is plain: communities should give residents a meaningful chance to use electric vehicles rather than block the technology.

_Source: https://hoanotes.com/hoa/colorado/ev-charging/ | Last reviewed 2026-06-03_

## What the law protects

On property you own or control, a Level 1 or Level 2 charger is protected. The association cannot simply say no; it can deny only where the install is not technically feasible or carries an unreasonable safety risk that cannot be mitigated. That is a high bar, and a blanket ban on EV equipment does not meet it.

The HOA keeps reasonable controls. It can set rules on where the charger goes, how many, and what type, and it can ask you to register the system, carry insurance that names the association, indemnify it, and cover any electrical infrastructure upgrade that your install alone makes necessary. Those are conditions, not a veto.

## What to check in the disclosure packet

If you drive electric, read these before you make an offer:

- Any blanket ban on EV chargers or electrical modifications, which the statute does not allow.
- Where your parking is, and whether it is owner-controlled or common area.
- Insurance, indemnification, or registration the HOA requires for a charger.
- Whether the home already has a charger and whether it was approved.

## Why this matters to your offer

If charging at home is part of why you are buying, Colorado law gives you a real right, and a board cannot block a charger just because it would rather not deal with it. The conditions it can set are about safety and cost, not preference.

An HOA Notes brief checks the declaration and rules for an EV restriction, flags a rule that overreaches, and cites the page behind each finding.

## What the statute says

**Colorado Revised Statutes section 38-33.3-106.8** (EV charging station rights). An association cannot prohibit a unit owner from installing an electric vehicle charging station for personal use on property the owner individually owns or has exclusive use of; the association may deny approval only if installation is not technically feasible or poses an unreasonable safety risk that cannot be adequately mitigated. The association may impose reasonable restrictions on placement, number, and type of EV charging equipment on owner-controlled areas; it may require the owner to indemnify the association, carry liability insurance naming the association, and pay the cost of any electrical infrastructure upgrades solely attributable to the installation.

## Colorado HOA EV charging: common questions

### Can a Colorado HOA ban EV charging stations?

No. A residential association cannot deny an owner a Level 1 or Level 2 charger on property they own or control, except where installation is not technically feasible or poses an unreasonable, unmitigable safety risk.

### What can the HOA still require?

Reasonable rules on placement, number, and type of equipment, plus registration, liability insurance naming the association, indemnification, and payment for any electrical upgrade the install alone requires.

### Does the protection cover my assigned common-area space?

The clearest protection is on property the owner individually owns or has exclusive use of. Common-area installations can carry more conditions, so check how your parking is designated.

## Sources (verified 2026-06-03)

1. Colorado Revised Statutes section 38-33.3-106.8 (electric vehicle charging systems), Justia. Verified 2026-06-03. https://law.justia.com/codes/colorado/title-38/real-property/interests-in-land/article-33-3/part-1/section-38-33-3-106-8/
2. Colorado Revised Statutes 38-33.3-106.8 (electric vehicle charging systems and parking), Colorado Public Law. Verified 2026-06-03. https://colorado.public.law/statutes/crs_38-33.3-106.8
3. Everything you need to know about EV charging systems, Altitude Community Law. Verified 2026-06-03. https://altitude.law/resources/article/everything-you-need-to-know-about-ev-charging-systems/

HOA Notes is not a law firm and this is not legal advice.