This rule applies even to charging stations installed before the effective date
By Jeff Sorg, OnlineEd Blog
(December 28, 2015) – The use of vehicles that require electric charging is becoming increasingly common. House Bill 2585 modifies the authority granted to the owner of a lot in a planned community or unit in a condominium to install and use for personal use an electric vehicle charging station. Oregon courts have identified the following factors in determining whether a charging station is personal property or a fixture:
- Whether the personal property is physically annexed to the real property;
- Whether the personal property is specifically adapted to the property; and
- Whether the person attaching the personal property objectively intended the personal property to become part of the real property when they attached it.
House Bill 2585, in essence, states that the owner of the unit, in installing the electric vehicle charging station, intended the installation to be the personal property of the property owner of the lot. This is the presumption unless the owner and the association have negotiated that the installation will be that of the homeowner’s association. This rule applies even to charging stations that were installed before the effective date of the law.
This law became effective June 4, 2015.
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Jeff Sorg, an Oregon licensed Principal Broker, is a co-founder of OnlineEd®, a Web-based vocational school founded in 1997 where he also serves as Corporate Secretary, Chief Operating Officer, and School Director. Sorg holds vocational instructor licenses for real estate education in Oregon, Washington, California, Flordia, and Nevada and has authored numerous pre-licensing and continuing education courses in those states. Sorg holds the International Distance Education Certification Center’s CDEi Designation for distance education, originally awarded in 2008.
OnlineEd® provides real estate, mortgage broker, insurance, and contractor pre-license, post-license, continuing education, career enhancement, and professional development and designation courses over the Internet.