If you own a house or townhouse in a Florida HOA community and want a home EV charger, the short answer is this: Florida law does not give HOA members a specific right to install one. Condo owners have that right; HOA members do not. What you can do depends on your community's governing documents and on how its architectural review works, and Florida's HOA statute puts real limits on that review. This guide explains where the lines are, and how to get an approval without a fight.
Condo law and HOA law are different
People often hear that "Florida law protects EV chargers" and assume it covers every association. It does not. The EV charging protection is in the condominium statute, section 718.113(8), Florida Statutes, and it applies to condo unit owners and their limited common element or exclusively designated parking area. Florida's HOA statute, chapter 720, has no comparable EV charging provision, and neither does the cooperative statute, chapter 719. In an HOA, the declaration of covenants and the rules adopted under it control.
If you live in a condo that sits inside a larger master HOA, you may be dealing with both: the condo association under chapter 718, and the master association under its own documents. Our condo EV charger installation page covers the condo side.
What the state preemption law does and does not do
In 2024 Florida preempted the regulation of EV charging stations to the state and barred local governmental entities from enacting or enforcing ordinances or regulations related to them (section 366.94, Florida Statutes). The rule that implements it, Rule 5J-28, defines a local government entity as the governing authority of a municipality, county, special district or other political subdivision of the state (Rule 5J-28.001).
A homeowners' association is a private association, not a political subdivision. So the preemption law limits what your city or county can do about EV charging; on its face it does not override your HOA's covenants. The statute also says it does not affect the ability of individuals to acquire, install or use a charger for their own vehicles (section 366.94), but that sentence does not create a right you can use against an HOA. Be wary of anyone who tells you the preemption law forces your HOA to approve a charger. For more on what the law does cover, see our guide to Florida's EV charging preemption law.
Limits Florida puts on HOA architectural review
While chapter 720 has no EV right, section 720.3035, Florida Statutes does limit architectural control in ways that can matter for a charger:
- The association's (or its architectural committee's) authority to review the location, size, type or appearance of an improvement exists only to the extent it is specifically stated or reasonably inferred in the declaration or other published guidelines and standards authorized by the declaration (section 720.3035).
- The association may not adopt or enforce a covenant, rule or guideline that limits or places requirements on the interior of a structure not visible from the parcel's frontage, an adjacent parcel, an adjacent common area or a community golf course (section 720.3035).
- It may not require a building permit to be issued as a prerequisite for its review (section 720.3035).
- If it denies an application, it must give written notice stating with specificity the rule or covenant it relied on and the part of the proposed improvement that does not conform (section 720.3035).
Whether a charger inside your garage counts as the "interior of a structure not visible" from those places is a fact question for your house and your documents. A charger on an exterior wall, a driveway pedestal or a carport post is plainly visible, and exterior standards in your documents can apply to it. None of this means an HOA must approve a charger; it means the HOA's review has to rest on what its documents actually say.
How to get an EV charger approved by your HOA
- Read the documents first. Find the declaration of covenants, the architectural guidelines and any rules on exterior equipment, wall-mounted fixtures, conduit, utility equipment or trenching. Note the exact section numbers.
- Decide whether you need approval at all. If the charger and all the wiring stay inside the garage, your documents may not require review. If anything shows outside, such as conduit on an exterior wall, a pedestal or a trench across the lawn, assume it does. When in doubt, ask the manager in writing.
- Choose a location that is easy to approve. Inside the garage, or on a side wall screened from the street, is simpler than the front elevation. Keep conduit tight to the wall and painted to match where the guidelines ask for it.
- Get a written scope from a licensed electrician. Include the charger make and model, its listing, the mounting location on a photo or sketch, the conduit route, the finish, and whether any trenching or landscape repair is involved.
- Submit a complete application. Use the association's form, attach the scope, photos and the contractor's license number (anyone can check it on the state's license lookup), and say that the work will be permitted and inspected.
- Keep everything in writing. If the committee asks for changes, ask which guideline each change is based on. If it denies the request, the statute requires it to say which rule or covenant it relied on and what does not conform.
A specific, complete application gives the committee less to question than a vague one. The permit comes after or alongside the approval; our guide to EV charger permits in South Florida explains that side.
If the HOA says no
Ask for the written reasons and the specific covenant. Often a denial is about placement or appearance, and a revised location or a different conduit route solves it. If the documents themselves prohibit what you want, the path is an amendment to the guidelines or declaration under the procedures in your documents, which is a longer project and worth raising with neighbors who also drive EVs. If you believe the association is acting outside its documents, talk to a Florida attorney who handles community association law.
This is general information about Florida law, not legal advice. Statutes and rules change, and your own declaration, bylaws, rules or other governing documents may add requirements. Read them, and talk to a Florida attorney if a dispute is likely.
Questions homeowners ask
Does Florida law require my HOA to allow an EV charger?
No statute gives HOA members a specific EV charging right. The condo statute's protection applies to condominiums, not HOAs. Your HOA's declaration and published guidelines control, within the limits of chapter 720.
Do I need HOA approval for a charger inside my garage?
It depends on your documents. Florida law bars HOA rules that place requirements on the interior of a structure not visible from the frontage, neighbors, common areas or a golf course, but whether that covers your garage is a question for your documents and, if disputed, an attorney.
Can the HOA make me get a permit before it reviews my application?
No. Florida's HOA statute says the association may not require a building permit as a prerequisite for its review. You will still need the permit before the work is done.
Does the 2024 preemption law protect me from my HOA?
It limits cities and counties, not private associations. It does not override HOA covenants.
The Florida Home EV Charging Guide covers the rest of the process, from panel capacity to charger choice, and our home EV charger installation page explains how KRW Electric does the work. If you want a clear written scope to put in front of your architectural committee, send us your address, a photo of your panel and where you want the charger, or call (305) 359-7312.
Reviewed by Kyle White, KRW Electric Company LLC — licensed electrical contractor EC13012832.
