What Tennessee’s New EV Charging Law Means for HOA Boards

A homeowner emails the board asking to install an EV charging station in their driveway. Until recently, the board had room to think it over. Maybe push back if the wiring looked complicated, or if a neighbor wasn’t thrilled with how it would look.

That changed on July 1, 2026.

A new Tennessee law now bars HOAs and condo associations from banning personal-use EV charging stations outright. It does not hand homeowners a blank check, though. Boards still hold real authority here. They just need to know exactly where the lines sit.

Here is what the law actually says, and what a board should do about it.

What Actually Changed on July 1

Tennessee Public Chapter 914 (HB1875, paired with SB1787) took effect July 1, 2026. It amends the state code sections covering both nonprofit community associations and condominiums, so it applies whether your community is a traditional HOA or a condo association.

The core rule is simple. An association cannot flatly prohibit a lot or unit owner from installing an EV charging station for personal use on property the owner controls, including an assigned parking space. For associations with governing documents that still flatly ban these installations, that language is now unenforceable, whether or not it’s ever been updated.

That is the headline. It is also the least useful part for a board trying to handle an actual request. The real work is in what the law still leaves boards free to do.

Where the Board Still Has Control

The law does not turn charger installation into a free-for-all. Associations can still set reasonable rules on the number of stations a lot or unit may have, their size and appearance, where on the property they go, and how they get installed.

The law doesn’t spell out exactly what reasonable means, so boards have room to define it themselves. In practice, that tends to mean restrictions tied to safety, uniformity, or the electrical system, not restrictions designed to slow the process down until people give up. Requiring a licensed electrician and a permit is solid ground. Sitting on every request indefinitely is not.

Common Areas Play by a Different Set of Rules

Common areas and an owner’s own property aren’t treated the same way under the new law.

An association can still prohibit or restrict EV charging stations in genuinely shared spaces: guest parking, a clubhouse lot, overflow parking that anyone might use on a given day.

There is one exception. If a parking space is designated for a specific owner’s exclusive use, the association cannot block installation there, even if that space technically sits inside what would otherwise be common area. That designation doesn’t require a painted number or a marked line. A spot can be assigned to a unit through the recorded plat, the declaration, or the association’s own parking policy, so a space with no visible marking directly outside someone’s door may still count as designated. Which spaces on your property fall into which category isn’t always obvious just by looking at the lot. Have your attorney confirm the answer against your recorded documents before relying on it for a specific request.

The Owner Pays, and the Association Isn’t on the Hook

Cost and upkeep stay with the homeowner. Installation, the electricity the charger draws, and eventual removal or replacement are the owner’s expense, not a line item the association absorbs.

The association also has no obligation to maintain, repair, or service a privately installed charging station. If it breaks, that’s between the owner and their electrician. It’s not a work order for your management company.

Insurance Is Where Boards Shouldn’t Cut Corners

This is the part of the law worth building into your approval process from day one. Associations can require the homeowner to carry a dedicated liability insurance policy covering the charging station, and to name the association as an additional insured on that policy.

That protection matters because responsibility for property damage or injury connected to the installation or use of the charger falls on the homeowner, not the association. An improperly installed charger can damage wiring or worse, and without the additional-insured language in place ahead of time, the association could still get pulled into a claim it had no hand in creating. Requiring proof of insurance before work begins, not after, is what actually makes that protection real.

The specific coverage amount and policy language to require are questions for your association’s insurance agent. What counts as adequate coverage can vary by carrier and by community, so this isn’t a one-size-fits-all number.

Updating Your Rules Before the Requests Start

Most boards won’t see a flood of requests overnight, but the law is already in effect. Deciding this once, as a written policy, beats relitigating it every time a new request lands. That kind of case-by-case habit is exactly how board decision paralysis sets in.

A few steps now save a scramble later:

  • review your architectural guidelines and remove any blanket ban on EV chargers
  • set clear, written limits on size, placement, and number per unit
  • require a standard application covering contractor information, permits, and an installation plan
  • decide upfront whether proof of insurance is required before or after installation
  • confirm your governing documents allow the association to be named as an additional insured
  • check both with your association’s attorney and insurance agent before finalizing new rules, since the specifics can vary by community

The Bottom Line for Boards

“HOAs can’t say no to EV chargers” is the headline. It’s not the whole picture. Boards still set real terms: how many, how they look, where they go, and who’s financially and legally responsible if something goes wrong.

It’s been a busy stretch for compliance changes reaching East Tennessee associations. This law arrives not long after the Corporate Transparency Act’s reporting requirements sunset for HOAs and condos earlier this year, and a new state fidelity bond requirement for associations is right behind it. We’ll cover that one in its own post soon.

If your governing documents still include an outright ban, or you’re not sure whether this falls to your board or your management company to sort out, that division of labor is exactly what we cover in HOA board vs. HOA management: who does what. Wise Property Solutions works with boards across East Tennessee to keep architectural guidelines current when state law shifts like this one. Reach out if you’d like a hand reviewing yours.

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