Introduction
With EV ownership surging and Colorado implementing new laws around EV charging in homeowners associations (HOAs), title companies can add significant value by guiding closings through this evolving landscape. Understanding how HOAs must comply—plus how COCRS can streamline the process—positions title companies as proactive, knowledgeable partners.
Colorado’s Key EV Charging Laws
- SB13‑126 (2013) prohibits HOAs from unreasonably denying Level 1 or Level 2 EV charging installations, as long as homeowners follow safety, aesthetic, and insurance requirements.
- HB23‑1233 (2023) expands these regulations to ensure EV charging stations can be installed in assigned or deeded parking spaces—even shared spaces—while preventing HOAs from banning EV parking altogether.
Why This Matters for Title Companies
- Closing Delays Risk: HOA review processes—especially for architectural or amenity changes—can stall closings if EV equipment isn’t clearly permitted.
- Escrow & Seller Liability: Without clear clauses about EV charging rights or expenses, disputes may arise post-closing.
- Emerging Compliance Red Flags: New Colorado statutes may not be updated in HOA CC\&Rs yet, potentially causing property defects or misrepresentation.
Proactive Takeaways for Title Professionals
- Document Early: Request EV-infrastructure related sections of CC\&Rs and ARB/ARC policies.
- Compare to State Law: Check if HOA rules unlawfully restrict EV charging in parking spaces.
- Flag Issues: If restrictive or silent on EVs, alert buyers and sellers—offer a mid-transaction disclosure or amendment.
- Use COCRS Tools: COCRS provides full CC\&R retrieval, architectural documents, and status reports—ideal for identifying EV-related provisions quickly.
- Partner for Resolution: If needed, assist clients in requesting variances, drafting EV-appropriate amendments, or preparing addenda acknowledging Colorado law.
| COCRS Service |
Benefit for Title Companies |
| Full HOA Document Packages |
Ensures EV-related policies—if they exist—are captured in early document pulls |
| Contact Reports |
Connects with ARB, HOA management, or legal counsel to confirm compliance or leniency |
Sample Title Company Scenario
- Title pulls HOA CC&Rs via COCRS—spots an outdated prohibition on “permanent electric hookups” in garages.
- Title raises issue to seller and buyer, recommending a voluntary variance or written exception under HB23‑1233.
- The seller’s HOA review board grants a written approval, recorded as a closing document.
- Closing proceeds smoothly. Post-close, the buyer installs an EV charger without issue or dispute.
Bottom Line
EV charging rights are now a protected element of Colorado property law under SB13‑126 and HB23‑1233. Title companies that anticipate and address EV-related red flags not only reduce closing delays—they demonstrate vigilance and expertise. COCRS’s comprehensive document services make identifying and resolving these issues efficient and reliable.
📌 Tip: As EV adoption grows, make EV charging a standard checklist item during HOA document reviews.