# Illinois Condo EV Charging Rights (2026)

> Under the Illinois Electric Vehicle Charging Act, 765 ILCS 1085/30, effective January 1, 2024, any covenant, restriction, or governing-document provision that effectively prohibits or unreasonably restricts the installation or use of an electric vehicle charging system within an owner's unit, or in a parking space deeded to or exclusively designated for the owner, is void and unenforceable. The association can still set reasonable conditions, but it has to act fast: if it does not deny a written application in writing within 60 days, the application is deemed approved, unless the delay comes from a reasonable request for more information. An association that willfully violates the Act owes the owner actual damages and a civil penalty of up to $500, plus reasonable attorney fees. The protection covers both new and existing condominiums and common interest communities with parking.

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

## What the law protects

On your own unit or a parking space deeded to or set aside for you, an EV charger is protected. A covenant or rule that effectively bans it, or loads it with unreasonable conditions, is void. The board keeps some control: it can require architectural standards, a licensed and insured electrician, safety compliance, proof of liability insurance naming the association, and prior approval for work that affects common elements.

The 60-day rule gives the right teeth. If you submit a written application and the board does not deny it in writing within 60 days, it is deemed approved, unless the board has made a reasonable request for more information. And a board that willfully ignores the Act can owe you actual damages, a civil penalty up to $500, and your attorney fees.

## What to check in the disclosure package

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

- Whether your parking is a deeded or exclusively designated space, where the protection is strongest.
- Any blanket ban on electrical modifications or chargers, which the Act voids.
- Insurance, contractor, or approval conditions the association requires.
- Whether the home already has a charger and whether it was approved.

## Why this matters to your offer

EV charging is now a settled right in Illinois community associations, and a board cannot simply say no on a deeded space. The conditions it can set are about safety and insurance, not a veto, and the 60-day clock protects you from being stalled.

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

## What the statute says

**765 ILCS 1085/30 (Illinois Electric Vehicle Charging Act, effective January 1, 2024)** (EV charging installation rights). Any covenant, restriction, or condition in any deed, contract, or governing document that effectively prohibits or unreasonably restricts the installation or use of an electric vehicle charging system within an owner's unit or a parking space deeded to or exclusively designated for the owner is void and unenforceable; the association must respond in writing within 60 days of a written application -- failure to deny within 60 days constitutes automatic approval; penalties for violation include actual damages, a civil penalty up to $500, and reasonable attorney fees. The association may impose reasonable restrictions including architectural standards, installation requirements, safety compliance, and electrical system compatibility; it may require prior written approval for installations in or affecting common elements; it may require use of a licensed and insured electrical contractor; it may require the owner to provide proof of liability insurance naming the association as additional insured within 14 days of installation.

## Illinois condo EV charging: common questions

### Can an Illinois HOA ban EV charging stations?

No. Since January 1, 2024, a covenant or rule that effectively prohibits or unreasonably restricts an EV charging system in an owner's unit or designated parking space is void.

### What happens if the board does not respond?

If the board does not deny a written application in writing within 60 days, the application is deemed approved, unless the delay results from a reasonable request for more information.

### What if the association violates the Act?

An association that willfully violates the Act owes the owner actual damages, a civil penalty of up to $500, and reasonable attorney fees.

### What conditions can the HOA still set?

Reasonable conditions like architectural standards, a licensed and insured electrician, safety compliance, liability insurance naming the association, and approval for work affecting common elements.

## Sources (verified 2026-06-03)

1. 765 ILCS 1085/30 (Illinois Electric Vehicle Charging Act), Illinois General Assembly. Verified 2026-06-03. https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=4407&ChapterID=62
2. What community associations need to know about the Illinois EV Charging Act, Illinois Condo and HOA Law Blog. Verified 2026-06-03. https://ilhoalaw.com/2024/06/20/765-ilcs-1085-what-community-associations-need-to-know-about-the-illinois-electric-vehicle-charging-act/
3. 765 ILCS 1085/30 (electric vehicle charging system policy for unit owners), LawServer. Verified 2026-06-03. https://www.lawserver.com/law/state/illinois/il-statutes/765_ilcs_1085_30

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