Indiana HOA EV Charging

Quick-Reference EV Charging Table

Article 25 governs condominiums and Article 25.5 governs homeowners associations; the two statutes have distinct provisions and different citations, and any EV-charging value must be drawn from the correct article for each column. If no EV-specific provision exists, the general provisions of each article plus the declaration control, and Indiana's solar-restriction chapter and fuel-source nondiscrimination law do not supply an EV-charging-station rule.

Section 1 — Overview: How EV charging is regulated for HOAs in Indiana

Indiana has written no statute that specifically governs electric-vehicle charging stations in community associations. A direct review of the Indiana Condominium Act, Ind. Code § 32-25, and the Indiana Homeowners Associations Act, Ind. Code § 32-25.5, including the chapters adjacent to the solar-restriction chapter, § 32-25.5-3.5, locates no owner right to install a charging station, no deemed-approval timeline, and no statutory cap on the conditions an association may impose.¹ In the absence of an EV-specific provision, the general provisions of Articles 25 and 25.5 plus the recorded declaration control. Indiana regulates these community types through two separate statutes: condominiums under Article 25, and homeowners associations under the narrower Article 25.5, which leaves most governance to the declaration.² Indiana does have owner-protective provisions in adjacent areas, including the solar-restriction chapter and a new fuel-source nondiscrimination law, House Enrolled Act 1150 (2026), but neither creates a right to install charging infrastructure; the fuel-source law reaches the vehicle or equipment, not the charging station.³ This places Indiana among the states without an EV-charging-station mandate, unlike California and Colorado, which limit or void association prohibitions.⁴ The sections that follow work through the statutory framework, the operational limits on association authority, and recent legislative and judicial activity.

Section 2 — The statutory and regulatory framework

2A. EV-charging-specific law in Indiana

No EV-charging-specific statute exists in either Indiana community-association act. Article 25.5 contains chapters on applicability, definitions, homeowners associations, solar-energy restrictions, § 32-25.5-3.5, outdoor-equipment fuel-source restrictions, § 32-25.5-3.6, beekeeping, automated license plate readers, attorney general actions, and grievance resolution; none addresses EV charging.⁵ Article 25 contains chapters on application, definitions, property classification, ownership interest, conveyance, liens, the declaration, administration, grievance resolution, and actions; none addresses EV charging.⁶ The consequence follows directly: no statutory override of the declaration, no statutory approval timeline, and no statutory ceiling on the conditions an association may attach to an installation. The solar-restriction chapter, § 32-25.5-3.5, added by P.L.73-2022, and the fuel-source nondiscrimination law, HEA 1150, effective July 1, 2026, are separate owner-protective provisions.⁷ Neither creates an EV-charging-station installation right. The fuel-source law provides that an HOA's governing documents "may not include a covenant, policy, or similar measure that: (1) prohibits or restricts the use of; (2) distinguishes between types of; or (3) results in differing standards for different types of; motor vehicles or outdoor equipment based on the fuel source that powers the motor vehicle or outdoor equipment"; it reaches the vehicle or equipment, not the charging infrastructure.³

2B. Condominiums: how the Indiana Condominium Act's general provisions bear on EV charging

Article 25 structures condominium unit ownership, common areas and facilities, and administration, and it requires that the administration of every property be governed by recorded bylaws annexed to the declaration.⁸ A unit owner holds fee simple title to the unit and an undivided interest in the common areas and facilities.⁹ Where a proposed charging station would sit within the unit, including an attached garage defined as part of the unit, the declaration and bylaws control. Where installation would use or alter common areas, statutory consent requirements attach: the undivided interest in the common areas as expressed in the declaration is permanent and may not be altered without the consent of the co-owners stated in a recorded amended declaration, § 32-25-4-3(d), and a unit owner may not make an alteration or structural change that would jeopardize the soundness or safety of the property, reduce its value, or impair any easement or hereditament without the unanimous consent of all other co-owners, § 32-25-8-5.¹⁰ Assigned parking treated as a limited common area is thus subject to association control. Architectural and design review, if any, derives from the declaration and bylaws. The Condominium Act neither compels nor prohibits EV charging; it stays silent, and the declaration controls where it's silent.

2C. Homeowners associations: the Indiana Homeowners Associations Act, plus CC&Rs and corporate law

Article 25.5 is a narrower framework than a comprehensive planned-community statute. It addresses budgets and records, § 32-25.5-3, solar restrictions, § 32-25.5-3.5, attorney general enforcement, § 32-25.5-4, and grievance resolution, § 32-25.5-5, and it leaves most governance to the declaration.¹¹ Authority over the lot, common areas, and exterior modifications therefore flows primarily from the recorded declaration. The order of precedence runs from the non-variable statutory provisions, then the declaration, then the bylaws, then the rules. The Indiana Nonprofit Corporation Act of 1991, Ind. Code § 23-17, supplies corporate-formality scaffolding for the many Indiana associations organized as nonprofit corporations, but it grants no EV-charging authority.¹² Where statute and declaration stay silent, common-law contract and property doctrine governs, and Indiana courts interpret recorded covenants as contracts among owners.

Section 3 — What HOAs can and cannot do regarding EV charging

A. Installation rights and prohibitions

Because no Indiana EV statute exists, no statutory limit constrains an association's ability to prohibit or condition a charging-station installation; the authority to prohibit or permit rests on the recorded declaration for both condominiums, Article 25, and homeowners associations, Article 25.5.¹ The fuel-source nondiscrimination law doesn't supply an installation right, because it addresses the vehicle or equipment, not the charging station — it applies to HOAs under § 32-25.5-3.6, with no parallel condominium provision.³ The distinction between prohibiting an installation and conditioning it matters: an owner protected in the use of an EV under the fuel-source law isn't thereby entitled to install charging infrastructure.

B. Conditions an association may impose

Both condominium and homeowners-association boards may impose conditions through the declaration and any architectural-review process it establishes, covering the method, equipment, and routing of an installation, professional or licensed installation and code compliance, insurance and indemnification allocating liability to the owner, and aesthetic and location standards — governed by declaration for both types.¹³ There's no statutory ceiling on these conditions, because no Indiana EV statute exists to set one; the limits are those in the declaration and the general reasonableness with which Indiana courts construe covenant enforcement.¹

C. Cost, metering, and maintenance allocation

No Indiana statute allocates the cost of installation, electricity, metering, or maintenance for EV charging in either community type; these are governed by the declaration, true for both types.¹ On the utility-resale question, an owner charging on a private meter is generally not reselling utility service: Indiana law provides that a retail electric customer's private provision of electricity to EV supply equipment on the customer's premises doesn't render the owner a public utility, and that a person who owns or operates EV supply equipment for public use isn't a public utility solely by reason of that activity, Ind. Code § 8-1-2-1.3.¹⁴ The utility regulator is the Indiana Utility Regulatory Commission, relevant only to that narrow question and generally not material for owner-side residential charging.¹⁴

D. Where the station may be installed

For condominiums, location turns on whether the station sits within the separate interest — the unit or an attached garage defined as part of the unit — a limited common area, such as assigned parking, or a general common area; the association controls alterations to common areas under Article 25, and common-area alterations trigger the consent requirements of § 32-25-4-3(d) and § 32-25-8-5.¹⁰ For homeowners associations, installation occurs on the owner's lot, driveway, or assigned space as defined and limited by the declaration and Article 25.5.¹¹

Section 4 — Recent legislative and judicial activity

4A. Recent bills

4B. Recent appellate rulings

No published opinion of the Court of Appeals of Indiana or the Indiana Supreme Court in the past 36 months addresses EV charging in a community association. The closest analog on declaration-based limits on owner modifications is set out below.

4C. Active legislative debates

The 2026 session was active on community-association matters, producing several enrolled acts affecting HOAs, but no bill introduced an EV-charging-station installation right, and the trajectory to date has been toward vehicle and equipment protections rather than charging-infrastructure mandates.¹⁵

Section 5 — National positioning and related coverage

Indiana sits in the category of states with no EV-charging-station statute for community associations, where the recorded declaration controls. Other states take a stronger owner-protective approach: in California, any covenant or governing-document provision "that either effectively prohibits or unreasonably restricts the installation or use of an electric vehicle charging station within an owner's unit or in a designated parking space... is void and unenforceable," Civil Code § 4745(a), and Colorado provides that a residential association "shall not... Prohibit a unit owner from using, or installing at the unit owner's expense for the unit owner's own use, a level 1 or level 2 electric vehicle charging system on or in a unit," subject to bona fide safety requirements, registration within thirty days after installation, and reasonable aesthetic provisions, C.R.S. § 38-33.3-106.8, added by SB 13-126 and amended by HB 23-1233.⁴ Some states address charging more narrowly within a condominium or planned-community act. Indiana falls in the third group, with owner-protective provisions in other areas — solar restrictions and fuel-source nondiscrimination — that don't extend to charging-station installation.⁷ For a multi-state operator entering Indiana, the practical implication is that installation policy is set by each association's declaration, not by a statewide right-to-charge rule. This is a fast-moving area, and Indiana's status is worth rechecking every quarter.

HOA Weekly's Indiana EV Charging coverage updates quarterly as the legislature and courts act, and we re-verify the threshold question — whether a statute exists — each cycle. Federal incentives may affect installation economics, but no federal law mandates HOA EV-charging access.

Footnotes

1. Ind. Code Title 32, Articles 25 and 25.5 (Indiana General Assembly) — no EV-charging chapter located ↩
2. Ind. Code § 32-25 (Condominiums) and § 32-25.5 (Homeowners Associations) ↩
3. House Enrolled Act 1150 (2026), Sec. 2 adding Ind. Code § 32-25.5-3.6 (fuel-source restrictions on motor vehicles and outdoor equipment) ↩
4. Cal. Civ. Code § 4745; C.R.S. § 38-33.3-106.8 ↩
5. Ind. Code § 32-25.5 chapter list (Homeowners Associations) ↩
6. Ind. Code § 32-25 chapter list (Condominiums) ↩
7. Ind. Code § 32-25.5-3.5 (Homeowners Association Restrictions on Solar Energy Systems), added P.L.73-2022 ↩
8. Ind. Code § 32-25-8-1 and § 32-25-8-2 (administration; bylaws) ↩
9. Ind. Code § 32-25-4-1 (fee simple title; undivided interest) ↩
10. Ind. Code § 32-25-4-3(d) and § 32-25-8-5 (common-area alteration; consent requirements) ↩
11. Ind. Code § 32-25.5-3, § 32-25.5-4, and § 32-25.5-5 ↩
12. Ind. Code § 23-17 (Indiana Nonprofit Corporation Act of 1991) ↩
13. Ind. Code § 32-25-7-1 (declaration) and § 32-25.5 governing-document provisions ↩
14. Ind. Code § 8-1-2-1.3 (EV supply equipment; regulatory status), added P.L.94-2022 ↩
15. House Bill 1150 (2026), Indiana General Assembly bill page ↩
16. Linda F. Slavick Trust v. Christmas Lake Properties Association, Inc., No. 24A-PL-1746 (Ct. App. Ind. Feb. 4, 2025) ↩