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Rhode Island has no right to charge an EV — but it will pay 90% of your association's charger

Rhode Island has no right to charge an EV — but it will pay 90% of your association's charger
Rhode Island · Legislation

Rhode Island has no right to charge an EV — but it will pay 90% of your association's charger

Rhode Island is not a right-to-charge state. Its neighbours are. A 2026 bill would have changed that and it died in committee — while a state grant programme that will pay most of the bill sits unspent.

H 7338, introduced by request on January 28, 2026 by Representative Lauren Carson and referred to House Corporations, was recommended held for further study on March 26, 2026. It had no Senate companion. The session adjourned June 11, 2026.1

What it would have done

The operative language:

Notwithstanding the provisions of subsection (a) of this section, no corporation acting as a condominium association or homeowners association shall prohibit or ban the installation of electric vehicle (EV) charging stations; provided, however, the owner installing the EV charging station shall be solely responsible for all costs of: (1) Installation, maintenance, repair and replacement of the charging station; (2) Any required structural modifications to the property and necessary upgrades to utility or electrical service; (3) Electricity used to charge the vehicle to include installation of a separate meter, if necessary; and (4) Any damage to the common area resulting from the installation or removal.

And a preservation clause protecting the association's own programme: nothing in it “shall be construed as a prohibition or restriction on the condominium association or the management committee, in accordance with the declaration and bylaws, from establishing and installing EV charging stations in common areas for general use by residents.

The drafting was unusually broad in reach. It amended four chapters at once — the Nonprofit Corporation Act, the older Condominium Ownership Act at §§ 34-36-10 and 34-36-16, and the Rhode Island Condominium Act at §§ 34-36.1-2.01, 3.02 and 3.06 — so it would have reached pre-1982 condominiums, post-1982 condominiums, and homeowners associations incorporated as nonprofits. In a state with no general HOA statute, that last route is how a Rhode Island bill reaches a non-condominium association at all.

What exists instead

Nothing, on the covenant question. The words “electric vehicle” do not appear in the seventy-four sections of the Rhode Island Condominium Act. Section 31-28-11, added in 2023, is a definitions section for EV charging build-out; it defines an EV charging station as “a public parking space that is served by either 'EV capable' or 'EV ready' charging equipment” and defines “housing” as “any new, existing, or rehabilitated private housing developments with more than twenty (20) units, that provide residential or public parking.” It is a construction standard that can reach large developments as buildings. It creates no individual owner right to install a charger and overrides no covenant.

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The money, which is the actionable half of this story

Rhode Island's Office of Energy Resources runs ChargeRI, an incentive programme for ENERGY STAR-certified EV supply equipment. Its eligibility language names associations expressly:

Owners, landlords, property managers, or authorized HOA representatives of residential buildings with 5 or more units, including properties serving renters.2

Multi-unit dwellings are a designated priority sector. The standard incentive covers 90% of cost, capped at $12,000 per station and $100,000 per site, with a five-percentage-point adder across all parameters for properties in Environmental Justice communities. Awards are first-come, first-served, and as of August 21, 2026 the programme page reported $3,437,060 unreserved.

The programme page states no launch date or application deadline, so neither can be relied on until confirmed with the programme. There are companion programmes — PowerUpRI for residential rebates and Electrify RI for workplace, multi-unit and publicly accessible charging — whose current terms this column did not verify.

So the position is: Rhode Island will not stop an association banning a charger, and will pay for the association to install one.

What a board's actual authority is today

Broad, and worth using deliberately rather than by default.

Approving or refusing an owner's installation. With no right-to-charge statute, the answer comes from the declaration and bylaws. A charger in a deeded parking space still typically requires running conduit through common elements, which engages § 34-36.1-2.11 — an owner “[m]ay make any improvements or alterations to his or her unit that do not impair the structural integrity or mechanical systems or lessen the support of any portion of the condominium” — and, where common elements would be encumbered, § 34-36.1-3.12, which requires the approval of persons entitled to cast at least eighty percent of the votes to convey or subject common elements to a security interest. Our Rhode Island EV charging page covers how those provisions interact.

Installing a shared facility. Section 34-36.1-3.02 gives the association power to regulate the use, maintenance, repair, replacement and modification of common elements. A board-installed bank of chargers in common-area parking is ordinary common-element work, subject to the usual budget and approval rules — and, for anything above the fifteen-thousand-dollar range, to whatever the declaration says about capital improvements.

Charging for the electricity. The dead bill would have put electricity cost on the installing owner, including a separate meter where needed. Absent a statute, an association that permits an installation without addressing metering is agreeing to socialise the cost of one owner's fuel.

The licence-plate wrinkle nobody expects

Rhode Island enacted P.L. 2026, ch. 386 (H 7135 Substitute A) on June 19, 2026: “Electric and hybrid motor vehicles — registrants — location — notification by division of motor vehicles.” It is not an association provision and this column has not analysed its text, but a board planning charger capacity should know that the state is building a picture of where electric vehicles are registered. That is the kind of data a future right-to-charge bill gets drafted from.

What a board can do now

Decide your policy before an owner asks, not after. A refusal improvised under pressure is the fact pattern that produces a bill next session. A written policy — where chargers may go, who pays for conduit, how electricity is metered, who insures the equipment, what happens on resale — is defensible and takes one meeting.

Look at ChargeRI before you refuse. An association that installs shared chargers at ten percent of cost has a better answer to an owner's request than a prohibition, and it keeps the equipment, the siting and the liability inside the association's control.

Put the cost allocation in writing either way. The four cost heads in the dead bill — installation, structural and service upgrades, electricity with a separate meter, and damage on installation or removal — are a complete checklist and they were drafted by a legislature. Use them.

Do not assume a neighbouring state's rule. Massachusetts and Maine have right-to-charge provisions and Rhode Island does not. An owner or a contractor arriving with a Massachusetts expectation is arriving with the wrong law.

What to watch next

Reintroduction in January 2027. H 7338 was a single-sponsor bill with no Senate companion, which is the profile of a measure that has not yet found its coalition — and the four-chapter drafting shows somebody thought carefully about how to reach every kind of Rhode Island association. Watch also whether the sixteen-member condominium law commission, reporting by December 31, 2027, treats charger installation as part of the “long-term affordability” question it was directed to study. The Rhode Island pattern for the last two sessions has been that the secondary market and the grant programmes move before the statute does.

Related Rhode Island HOA Topics

← All Rhode Island HOA Topics

  1. H 7338 (2026), LC003439 — EV charging station installation bill, held for further study March 26, 2026
  2. ChargeRI — R.I. Office of Energy Resources EV charging incentive programme, multi-unit dwelling eligibility and incentive levels
  3. R.I. Gen. Laws § 31-28-11 — electric vehicle charging station definitions

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