Persechino v. Station Square Condominium Association, Inc.
Condominium unit owners installed a Tesla EV charging station in their limited common element parking spaces after the association twice denied their applications, and the association obtained a temporary injunction. The Second District affirmed, holding that section 718.113(8) bars only outright prohibition of EV charging stations and does not make the list of permissible association requirements in subsection (8)(h)1-5 exhaustive, and that a unit owner's EV installation may constitute a 'material alteration or substantial addition' subject to the 75% approval requirement of section 718.113(2)(a).
Key facts
- Unit owners installed a Tesla EV charging station in their limited common element parking spaces after the condominium association denied their applications twice; the association obtained a temporary injunction to prevent the installation.
- The Second District affirmed the injunction, holding that section 718.113(8) prohibits only outright prohibition of EV charging stations and permits the association to impose additional requirements beyond those listed in the statute.
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Why it matters
This is the first appellate construction of the interplay between Florida's EV charging station statute, section 718.113(8), and the material-alteration approval requirement of section 718.113(2)(a) — an increasingly… — full analysis with a trial
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