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Ev car garage 10 | stuart d. Kaplow, p. A.

Banning Electric Vehicles from Older Residential Building Garages

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Electric vehicles symbolize a future where clean energy and sustainable transportation go hand in hand. However, the transition to this future isn’t as straightforward as merely legislating the right to charge EVs in garages multifamily buildings. Key among the issues is that EVs are hundreds to thousands of pounds heavier than their gasoline counterparts due to their large batteries.

Recent trends reveal a significant paradox: while laws like those in Maryland aim to facilitate EV adoption by mandating the installation of charging equipment, residential condominium boards are increasingly restricting or outright prohibiting the use of such equipment within older garages. These moves raise crucial questions about infrastructure, safety, and the practical challenges of integrating new technology into old spaces.

Legislative Landscape: Right to Charge Laws

Laws such as Maryland’s “right to charge” statute are designed to remove barriers for EV owners living in multifamily buildings. These laws typically prevent condo associations from unreasonably restricting the installation of EV charging stations, acknowledging the growing demand for electric vehicles and the need for accessible charging infrastructure.

However, other recently enacted laws mandate structural integrity reserve studies for many common interest community controlled high rise buildings and those studies have identified the risks EVs may pose without significant capital upgrades to garages assuming the structural and power work is even feasible not to mention reasonably fundable by the building owners. It’s in the outcomes of these government mandated reserve studies that the crux of the issue lies.

The Weight of the Matter: Structural Concerns

Electric vehicles are significantly heavier than their gasoline counterparts due to their large, powerful batteries. For instance, the battery of an electric GMC Hummer alone weighs about 2,900 pounds—nearly the entire weight of a Honda Civic. Similarly, the Audi E-tron SUV weighs about 5,765 pounds, compared to the Ford Explorer SUV’s 4,345 pounds.

These substantial weight differences have led to growing concerns about the structural integrity of older parking garages. Experts warn that these garages, not designed to support such heavy loads, could be at risk of collapse. Consequently, many condo boards, heeding these warnings, are deciding that the safest course of action is to prohibit EV parking in their garages.

It is worthy of note that the average weight of vehicles sold in the U.S. has irrespective of this issue increased by over 900 pounds over the last 30 years as Americans moved from sedans to pick up trucks and SUVs. So, garages are already accommodating more weight than many were designed for.

Parking garage collapses in Manhattan and Baltimore last year are not blamed on EVs, but underscore the structural issues of large numbers of garages built in the 1960s and 1970s with different weight assumptions or that may not have been well maintained.

Fire Risks: A Hot Topic

Beyond structural concerns, there are also significant safety issues related to the fire risk posed by EVs. A Mercedes-Benz EV that was not charging erupted into flames in a residential building garage last week in Seoul to more than 8 hours to extinguish destroying dozens of other vehicles and leaving the building above uninhabitable. Lithium battery fires, which can burn at extremely high temperatures and are notoriously difficult to extinguish, pose a potential hazard in confined spaces like parking garages. This risk further justifies the reluctance of some condominium boards to allow EVs in their older facilities.

Legislative Intent vs. Practical Reality

The laws designed to encourage EV adoption are encountering the practical realities of aging infrastructure. While the intent behind these laws is to promote sustainable transportation, the structural limitations of older buildings cannot be ignored. This tension is particularly evident in the actions of condominium boards, which must prioritize the safety and structural integrity of their buildings.

A Look Across the Pond: The UK’s Approach

Interestingly, the UK is currently working on new regulations for the country’s more than 6,000 multi story car parks to address these very concerns. While similar regulatory updates have not yet been seen in the U.S., it’s clear that private owners and condominium boards are proactively addressing the structural issue.

The Trend: Restriction Over Adoption

Despite the push from legislative bodies to integrate EVs into everyday life, the trend among condo boards from Los Angeles to Baltimore and Manhattan to Miami, is leaning towards restricting EVs from older garages. This movement is accelerating, particularly at a time when demand for EVs appears to be weakening. There is no good data that correlates the soft demand for new EV sales to consumer response to highrise building garage prohibitions, but buyers are hesitant.

Conclusion: Navigating the Transition

The journey towards widespread EV adoption will no doubt be one of unintended consequences, involving a delicate balance between legislative efforts and practical infrastructure challenges. As we continue to innovate and move towards a more sustainable future, it’s crucial to address these structural and safety concerns head on. Ensuring that our buildings can safely accommodate the weight, and the fire hazards, not to mention the increased electricity load of EVs is essential for fostering a future where electric vehicles are truly a part of everyday life.

In the interim, solutions like relegating charging equipment to surface parking lots may serve as a compromise, allowing EV owners to charge their vehicles safely while protecting the integrity of older buildings. The evolution of regulations and building standards will undoubtedly play a pivotal role in resolving these challenges, paving the way for a smoother transition to an electric future, however, in the present it may be reasonable for condo boards for older buildings with garages to address the extra poundage by keeping EVs out.

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We will be offering a webinar entitled, “With ‘new’ proposed Maryland BEPS regulations what does a Building Owner do now?” on Tuesday, August 13 from 9 – 9:30 am EDT. The webinar is complimentary, but you must register here.

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About the Author: Stuart Kaplow

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Stuart Kaplow is an attorney and the principal at the real estate boutique, Stuart D. Kaplow, P.A. He represents a broad breadth of business interests in a varied law practice, concentrating in real estate and environmental law with focused experience in green building and sustainability. Kaplow is a frequent speaker and lecturer on innovative solutions to the environmental issues of the day, including speaking to a wide variety of audiences on green building and sustainability. He has authored more than 700 articles centered on his philosophy of creating value for land owners, operators and developers by taking a sustainable approach to real estate, including recently LEED is the Tool to Restrict Water Use in This Town and All Solar Panels are Pervious in Maryland. Learn more about Stuart Kaplow here >