A Tesla Cybertruck Owner Shares His Legal Battle Against His HOA After the Home Owners Association Banned Him From Installing a Charger for His Truck. Now, He’s Calling on Elon Musk & Tesla for Help
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.