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David Dimmer is a Tesla Cybertruck owner from Denver, Colorado, and says his Home Owners Association has banned him from installing an EV charger for his Cybertruck.
David says he’s launched a legal action but is facing an HOA with 300 members and a three-million-dollar reserve.
The disgruntled Cybertruck owner shared his story on the Tesla Cybertruck group on Facebook.
Here is what he wrote…
“Do any of my friends have a connection to Tesla, Elon Musk, or an EV-friendly law firm? My Colorado HOA is blocking my EV charger installation. Colorado has “right to charge” laws explicitly allowing residents to charge in apartments or condos.
After submitting my architectural review committee form (ARC), with permits and specifications, I was immediately greeted with a demand letter from the HOA attorney threatening me with trespassing.
I tried multiple ARC requests, and after realizing the HOA did not intend to follow Colorado state law, I decided to pursue relief in small claims.
I chose small claims court to keep costs manageable. However, the HOA claimed my Architectural Review Committee (ARC) form caused damages exceeding the small-claims limit, moving the case to the district court.
Their “damages” are primarily legal, which should not be included in small claims damages. Engaging in legal matters is ordinary and routine for this HOA.
Now, I’m up against an HOA backed by 300 members with a three-million-dollar reserve. Any advice or referrals would be greatly appreciated.
Finally, David concludes his post by instructing people not to give him the “don’t live in an HOA” advice. He adds that if he could afford a home in the location he wanted without an HOA, he would have moved already.
He continues to write…
“Can we avoid the don’t live in an HOA feedback loop? This is a true ski-in / ski-out condo at the base of Winter Park Ski Resort. If I could afford a ski-in / ski-out home I would have likely sold and moved.”
Looking at the comments, people first wanted to know why David did not consider the charging situation before buying his Cybertruck.
A fellow group member, Brandon Meyer, writes, “Did you consider the charging situation before buying an EV?”
In response, David says that since he was able to install EV chargers in previous condos, he didn’t give it that much thought.
He writes…
“Having successfully installed EV chargers in HOAs and because it is allowed by law, I honestly did not consider the charging situation. I bought the condo in 2022. I figured the EV right-to-charge law was old news.”
Another recommendation from fellow Cybertruck owners was to run a cable from his apartment to the parking lot and charge his truck.
Fellow Cybertruck owner Russell M Mead writes…
“Does Colorado law define what type of charger you have a right to? If not, and the HOA allows you to run a 15amp extension cord from your bedroom to the vehicle, they aren’t blocking your right to charge.
At that point, they are preventing the installation of an outdoor charger, which alters the appearance of the facility but does not specifically prevent you from charging or bar your access to the electricity you are paying for; it just limits the type of charging.
You might be better off finding a charger that can be installed fully inside your condo, with a (possibly custom) cable long enough to reach your parking spot.”
This might be a good idea to work around the HOA ban, but David says this is not feasible because he lives on the seventh floor.
He writes…
“The only parking is a fire lane. It’s a massive building with underground parking. I’m also on the 7th floor. I did consider this at one point.”
Another Cybertruck owner shares that David made a mistake when he asked permission from the HOA. He shares that he just installed the charger in his condo without asking the HOA.
Bryce Bowling writes…
“I didn’t even ask my HOA. I just did it.”
David is intrigued by this idea but says the HOA keeps the electrical room locked in his condo.
He writes…
“No access to the electrical room in my case.”
Accepting David’s conundrum, a fellow Cybertruck owner suggests that what he needs is not Elon Musk or an EV lawyer but an HOA attorney in his area.
Jacob P Wilson writes…
“You need a Colorado HOA attorney, not an EV attorney or Elon Musk.”
In response, David says this is his first route, but none of the attorneys were interested in taking his case.
David writes…
“When choosing small claims, I shopped for this quite a bit. No one had a strong interest. It’s bizarre, given how clear Colorado law is on the right to charge even for renters who own no property.
I will reengage local legal, but at some point, you have to look at the time and fiscal resources to prove you are right.
I tell my kids all the time that you can win/be right and still lose. I may have to take a dose of my own advice on this one. The juice/risk is likely not worth the reward.”
Overall, David appears to be giving up his fight against his deep-pocketed HOA. However, please let me know who is in the right here. Share your ideas by clicking the “Add new comment” button below. Also, visit our site, torquenews.com/Tesla, regularly for the latest updates.
Image: Screenshot from Marques Bronlee’s YouTube channel
For more information, check out: My Cybertruck Died in the Cold & Tesla Tech Staff Say, “They’ve Never Seen Anything Like This,” Now, My Case Has Been “Escalated to the Engineering Team,” but I got a Loaner Vehicle, so Thank You, Tesla!
Tinsae Aregay has been following Tesla and the evolution of the EV space daily for several years. He covers everything about Tesla, from the cars to Elon Musk, the energy business, and autonomy. Follow Tinsae on Twitter at @TinsaeAregay for daily Tesla news.
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Comments
These days, governments all…
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These days, governments all over are pushing this go green thing, and yet here's HOA saying go fly a kite to those who want to go green. This guy has to pay the installation and charges from hydro usage. There's plenty of horror stories that this HOA organization cause people . No question there needs written or amended contracts between home owners in all types of residential housing to include vehicle plug in areas. C’mon HOA morons, get with the program, we're heading into greener pastures and governments are pushing manufacturers to make EV vehicles. And here's HOA saying No to charging stations. Stay the course legally and sooner than later, you'll get your plug in. Know we everywhere support you.
"No question there needs…
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In reply to These days, governments all… by GWS (not verified)
"No question there needs written or amended contracts between home owners in all types of residential housing to include vehicle plug in areas." It will probably take a vote of at least 51% of the owners to get these changes made, as there are cost incurred by everyone. So, he should start knocking on doors and getting the signatures required. Hopefully he has been a good neighbor and will gain cooperation form the community.
You must not have much…
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You must not have much experience with HOA. They care little about the law. This is certainly something you can win with a lawsuit. But at what financial cost to you ? Hopefully you have a Tesla Dealer nearby or a public charging station. Good luck with your Cyber truck. I have 2 family members who own one and they both hate it. I'm all for EV's but the Cyber Truck is just plain butt ugly ! IMHO.
You mentioned that you have…
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In reply to You must not have much… by Michael Martin (not verified)
You mentioned that you have two family members that own one. Are they Cybertrucks? I”m willing to trade my Bentley Continental GTC for one.
Well maybe you should think…
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Well maybe you should think about the Colorado state Attorney General’s office since it is a Colorado law I would think he or she would take this case to fight for what is already a law if not what the hell are they in office for lol
How about this Colorado law …
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How about this Colorado law - 38-33.3-106.8. In summary, the EV Bill prohibits a residential (not commercial) association from denying an owner: The right to use or install a Level 1 or Level 2 Electric Vehicle Charging System (“EV System”);
I’m not sure how the HOA…
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I’m not sure how the HOA would react to this, but if he bought a portable generator for about $700.00 dollars
And put it in the back of his truck, he could easily charge the vehicle using the 220volt outlet on the Generator. Not a perfect solution but workable.
True the use of a generator…
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In reply to I’m not sure how the HOA… by D McAnnaney (not verified)
True the use of a generator might achieve the goal of charging and might drive home the point with other residents. However using a gasoline-fueled generator defeats the intent and purpose of owning an electric vehicle. And no doubt the noise would escalate other HOA actions.
That is a hilarious solution…
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In reply to I’m not sure how the HOA… by D McAnnaney (not verified)
That is a hilarious solution. Not knocking it at all. Just would find it pretty funny to see a gas generator running to charge your electric Tesla because the HOA won't allow it.
Small claims isn't going to…
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Small claims isn't going to get you what you want. You don't want dollars of damages. You want "specific performance" -- you want the court to demand the HOA to allow you to install a charger.
Small claims can't do that, but circuit court can.
How about a set of solar…
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How about a set of solar panels that you can cover your truck when parked(Velcro) then pack away in trunk when you leave??
In the article he says it's…
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In reply to How about a set of solar… by Theodore A LeClerc (not verified)
In the article he says it's underground parking, so solar panels might not be feasible.
This is a futile effort. If…
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In reply to In the article he says it's… by Aeden (not verified)
This is a futile effort. If you read the actual text of the law this is common property it is not his property he doesn't have an HOA like a single family home he has a condo where he does not own the parking structure he has rights to a spot. He cannot build a shed in the spot we can park his car in the spot if he wants them to add EV Chargers he would have to run the electrical from his condo for it to be on his electric bill that's what this is actually about. He had no right to think he could put a charger there I guarantee you that the bylaw say you cannot alter the parking spot and I'll guarantee you that the state law does not give him permission to alter the parking spot. Rights to a vehicle charger if you lived in an apartment would they run an extension cord out your window the notion is ridiculous and is the main problem with these EVS. Unless a building is built to handle a bunch of EV the electrical infrastructure is not in that parking garage there is no 220 circuit there and they're certainly isn't one connected to his meter. Going up against his HOA is futile he will not win because he didn't have a right to it to begin with. If he has half a brain he should sell his condo and buy a single family or a town home where he can install it in the garage or on the outside of the building. What's more why is someone who lives in a condo unless this is a major city what you could be with underground parking and this is you know a half million dollar condo or whatever spending $100,000 on a car. Better question why is he spending it without doing any Research into how he would actually handle the required infrastructure for the vehicle. Sorry to say this but you screwed up you going to take a bath on the car or you got to sell your condo those are your two options you'll never win that fight these eight question of altering the structure of the building at this point.
You are 1000% correct.
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In reply to This is a futile effort. If… by Dbcooped (not verified)
You are 1000% correct.
Unfortunately, your story…
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Unfortunately, your story left out the most important piece of information. On what grounds do the HOA deny his request to install the charging station? Was it because it would interfere with others enjoyment of common facilities? Was it because the charger would be obstructing other parking spaces? If they had a good reason for turning it down, there’s no reason to write this article. If the HOA is just turning it down to be arbitrary, then the cyber truck owner has a reason to be upset.
Installing an EV charger in…
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Installing an EV charger in a parking garage introduces all kinds of new fire codes that the garage probably wasn’t designed for, and you mentioned that the only available surface parking is in a fire lane (so really it’s not available). Are you proposing to rebuild that portion of the garage where you want to park or asking the HOA to pay for that? I’m no fan of HOA’s, but it sounds like they’re just protecting their other residents in this case.
My suggestion…either find a remote lot to park your Tesla or sell it and buy a hybrid.
The more I read, the more…
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The more I read, the more interesting this gets. What may be needed is more info about what's behind the HOA's denial position. For instance, the EV owner eventually indicates that he's in a 7th floor unit and the installation involves a parking garage. From strictly a technical perspective, there may very well be practical and electrical code compliance aspects to this case. For instance, shear distance a circuit needs to be run from the owners breaker panel say on the 7th floor to the garage, need to designate dedicated parking space close to where the plug will be, what precedent is created for future requests and how can they be equitably addressed, issues about abandonment of the charging facilities and responsibility. The cost and effort required to install a charging location could very well far exceed the surface issues apparent in the simple HOA vs. individual owner rights debate.
In our case, our apartment…
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In reply to The more I read, the more… by Greg O (not verified)
In our case, our apartment strata repurposed 5 visitor parking spots in our parking lot and installed level 2 EV charger there. Resident can register an account with the strata to activate the charger and get charged for electricity they use.
Running chargers to resident parking spot from electrical room and adding metering is much bigger headache and possibly code violation so that is usually why they dont allow it.
While he lives on tge 7th…
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In reply to The more I read, the more… by Greg O (not verified)
While he lives on tge 7th floor his meter base (past which his power could be tapped) is most likely ground level or in the basement.
Can't afford to live where…
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Can't afford to live where he wants but can drop 100k on a vehicle. Yeah...
A very quick property search…
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In reply to Can't afford to live where… by Joe (not verified)
A very quick property search shows that homes that are ski in/out for that resort start at 1.2 million and go up from there. The condos look like they're at around 450-500k. So yeah, if his priority is to drive an EV and ski then the condos are affordable where a single family residence would be more than twice the price plus the condo probably has amenities like a pool/gym, etc. it's not for us to judge other people's financial decisions. No one bats an eye when someone renting in a trailer park forks over $70k for a new truck. 🤷♀️ It's all about your priorities. Would I pay 450k to live in a ski resort condo with an HOA? Heck no, but I also don't care to ski. The real issue here is that the HOA is blocking him from installing a charger allowed by law.
This is like getting in…
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This is like trying to get in touch with the CEO of McDonald's when you don't like your burger. This person is a child.
I am the first to own an EV…
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I am the first to own an EV at our condo in Florida. We do not have reserved parking. What I did was to convince our rental office that an EV charger would be a plus for attracting renters. It work and they installed two level 2 chargers. I have 30 minutes to move my EV after the charging has stopped or charged a high idle fee. Otherwise people would say I have reserved parking!
This is exactly why the EV…
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EV mandates in this country are ridiculous. Some place are not suited for EVs. Its a high rise with underground / underbuilding parking under residents. Some places won't even let you park and EV in an underbuilding garage. Now add charging when the few fires I have seen would be more likely. "yes I know very unlikely but"
Lastly is this a personal charger? Your not going to run it back to his service panel so metering would certainly be a concern.
Sell that fridge on wheels…
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Sell that fridge on wheels and get a Subaru. That will solve your headache.
EV mandates in this country…
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EV mandates in this country are ridiculous. Some place are not suited for EVs. Its a high rise with underground / underbuilding parking under residents. Some places won't even let you park and EV in an underbuilding garage. Now add charging when the few fires I have seen would be more likely. "yes I know very unlikely but"
Lastly is this a personal charger? Your not going to run it back to his service panel so metering would certainly be a concern.
Just put a dryer connection…
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Just put a dryer connection in your garage with 220-240v. What's the problem? Don't have a garage? Do you have a dryer? Can you run a cable? I bought a 50 ft. one that is long enough to connect my Tesla Model 3 in the car port. 24 miles per hour is not bad....
Why doesn't the condominium…
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Why doesn't the condominium provide 220 Outlets and their parking garage are there any other residents with EV,s what about close by condos that are similar with parking that assembler do they provide or allow EV Chargers last but not least if there's a Google review or anything similar
Just put a generator in the…
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Just put a generator in the box of the truck and let it roar all night
You can't be this dumb. …
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You can't be this dumb. Buying an ev living on the 7th floor of a building you don't own and thinking you can do what you want? Only liberals and liberal states have this kind of entitlement. Does the Colorado law have a stipulation for stupidity? You may qualify....