Read the full stored bill text
SENATE BILL 1787
By Reeves
HOUSE BILL 1875
By Martin G
HB1875
010464
- 1 -
AN ACT to amend Tennessee Code Annotated, Title 48
and Title 66, relative to electric vehicle charging
stations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 66, Chapter 27, Part 4, is amended by
adding the following as a new section:
(a) An association shall not prohibit, including through the association's
declaration or rules and regulations, a unit owner from installing an electric vehicle
charging station for the unit owner's personal use on property owned by the unit owner,
including the owner's designated parking location. An association may establish
reasonable restrictions concerning the number, size, placement, and manner of
placement or installation of the electric vehicle charging station on the exterior of
property owned by the unit owner.
(b) An association may prohibit or restrict the installation of electric vehicle
charging stations on a common element within the development served by the
association and may establish reasonable restrictions as to the number, size, placement,
and manner of placement or installation of electric vehicle charging stations on the
common element; provided, that if a unit owner's designated parking location is within a
common element of the development, the association shall not prohibit the installation of
an electric vehicle charging station in the unit owner's designated parking location.
(c) A unit owner installing an electric vehicle charging station shall indemnify and
hold the association harmless from all liability, including reasonable attorney's fees
incurred by the association resulting from a claim, arising out of the installation,
- 2 - 010464
maintenance, operation, or use of such electric charging station. An association may
require the unit owner to obtain and maintain insurance covering claims and defenses of
claims related to the installation, maintenance, operation, or use of the electric vehicle
charging station and require the association to be included as a named insured on such
policy.
(d) An association is not responsible for the maintenance of an electric vehicle
charging station installed by a unit owner or an electric vehicle for which the electric
vehicle charging station is used.
SECTION 2. Tennessee Code Annotated, Title 66, Chapter 27, is amended by adding
the following as a new part:
66-27-901. Part definitions.
As used in this part:
(1) "Declaration" means an instrument, however denominated, that
creates a homeowners' association, and amendments to that instrument,
including restrictive covenants, bylaws, and similar instruments governing the
administration or operation of a homeowners' association;
(2) "Homeowners' association" means an incorporated or unincorporated
association owned by, or whose members consist primarily of, the owners of the
residential property covered by the declaration and through which the owners, or
the board of directors or similar governing body, manage or regulate the
residential subdivision;
(3) "Prohibit" includes a prohibition set forth in the homeowners'
association's declaration or rules and regulations; and
(4) "Rules and regulations" means written policies, resolutions,
guidelines, restrictions, and procedures of a homeowners' association, however
- 3 - 010464
denominated, which are not set forth in the declaration and which govern the
conduct of persons or the use or appearance of property.
66-27-902. Electric vehicle chargers.
(a) A homeowners' association shall not prohibit a property owner from installing
an electric vehicle charging station for the property owner's personal use on the property
owner's property, including the property owner's designated parking location. A
homeowners' association may establish reasonable restrictions concerning the number,
size, placement, and manner of placement or installation of such electric vehicle
charging station on the exterior of the property owner's property.
(b) A homeowners' association may prohibit or restrict the installation of electric
vehicle charging stations in common areas maintained by the homeowners' association
within the area served by the homeowners' association and may establish reasonable
restrictions as to the number, size, placement, and manner of placement or installation
of electric vehicle charging stations in the common area; provided, that if a property
owner's designated parking location is within a common area maintained by the
homeowners' association, the association shall not prohibit the installation of an electric
vehicle charging station in the property owner's designated parking location.
(c) A property owner installing an electric vehicle charging station shall indemnify
and hold the homeowners' association harmless from all liability, including reasonable
attorney's fees incurred by the association resulting from a claim, arising out of the
installation, maintenance, operation, or use of such electric charging station. A
homeowners' association may require the property owner to obtain and maintain
insurance covering claims and defenses of claims related to the installation,
maintenance, operation, or use of the electric vehicle charging station and require the
homeowners' association to be included as a named insured on such policy.
- 4 - 010464
(d) A homeowners' association is not responsible for the maintenance of an
electric vehicle charging station installed by a property owner or an electric vehicle for
which the electric vehicle charging station is used.
SECTION 3. This act takes effect July 1, 2026, the public welfare requiring it, and
applies to actions taken, and declarations entered into, renewed, or amended, on or after that
date.