Introduction: Why This New Law Matters
Electric vehicles are becoming more common in California, and many HOA homeowners want to install charging stations in their communities. To keep up, lawmakers continue to tweak the rules. The newest update — Senate Bill 770 (SB 770) — changes how HOAs handle EV charging station installations, particularly when it comes to insurance coverage and parking space use. This update takes effect January 1, 2026, and it’s one every HOA board and homeowner should understand.
1. A Quick Refresher on the Original Law
Under California Civil Code § 4745, homeowners have the right to install an EV charging station in their unit, designated parking space, or exclusive-use common area. Before SB 770, any homeowner who installed an EV charger had to maintain liability insurance and add the HOA as an ‘additional insured’ on their policy.
2. What SB 770 Changes
SB 770 removes the requirement for homeowners to list the association as an additional insured on their personal insurance. The goal was to make it easier for owners to install chargers, as many insurers refused to add large associations to individual policies.
In short:
- • Homeowners still need to carry insurance for their charger.
- • HOAs will no longer automatically appear as a covered party on that policy.
3. What This Means for HOAs
Without being listed as an additional insured, the HOA’s master policy could now become the first line of defense if something goes wrong — for example, an electrical malfunction or a charger fire. That shift could lead to higher premiums and more cautious approval processes.
4. What About Common or Non-Deeded Parking Spaces?
Many communities have shared or unassigned parking areas. If an owner doesn’t have a deeded or exclusive-use parking space, they can request to install a charger in the common area, but only if installation in a designated spot is impossible or unreasonably expensive. The HOA can allow it through a license agreement, giving permission to use the space while keeping ownership with the association.
5. What Boards Should Do Now
Here are practical steps boards can take to stay ahead of SB 770:
- Review and update governing documents to remove outdated insurance language but still require proof of insurance.
- Use a standard installation agreement that clearly outlines owner obligations and indemnification.
- Clarify parking area designations to determine when license agreements apply.
- Consult with the association’s insurance broker about master policy coverage for EV chargers.
- Educate owners that while the law has changed, they still bear responsibility for their charger’s safety and liability.
6. Real-World Example
Imagine a condo owner installs a charger in a shared garage. A short circuit sparks a fire that damages the structure. Before SB 770, the HOA could rely on being listed under the owner’s policy. After SB 770, that protection is gone. The HOA’s master policy likely pays first, and the board may seek reimbursement from the owner afterward.
7. Key Takeaways
- • SB 770 removes the ‘additional insured’ requirement starting Jan 1, 2026.
- • Homeowners must still carry liability insurance for their chargers.
- • HOAs should update their rules, contracts, and coverage to manage new risks.
- • Clear agreements are essential for shared or common parking installations.
Conclusion: Stay Protected While Staying Current
Electric vehicles are the future, but laws and insurance frameworks are still catching up. SB 770 simplifies installations for owners but shifts some liability toward HOAs. Boards should update policies, agreements, and insurance coverage now to protect their communities. At Sierra Nevada Property Management, we help boards adapt to new laws like SB 770 with clear, practical guidance that protects both homeowners and associations.