A Florida court has affirmed a ruling against two condominium owners who installed an electric vehicle (EV) charging station without the necessary approval from their condominium association. The decision affects not only the owners, Franco Persechino and Lina Teixeira, but also sets a precedent for future installations of EV charging stations in condominium properties. The ruling emphasizes the importance of adhering to association rules and state laws regarding such installations.
The case, Persechino and Teixeira v. Station Square Condominium Association, Inc., was filed under docket number 2D2025-2610 on August 14, 2026. The court's decision came after the condominium association sought a temporary injunction against the owners, claiming that their actions violated both the association's rules and state law.
Franco Persechino and Lina Teixeira are unit owners at the Station Square Condominium in Pinellas County, Florida. They wanted to install an EV charging station in their designated parking spots, which are part of the limited common elements of the condominium property. After their initial application for installation was denied by the Station Square Condominium Association, the owners submitted a second application but crossed out certain questions they believed were irrelevant. The association rejected this application as well. Despite the denials, Persechino and Teixeira proceeded with the installation.
The Station Square Condominium Association then filed for a temporary injunction, which the trial court granted. The court found that the installation constituted unauthorized alterations to the common property and raised safety concerns. The owners had connected their charging station to the association's electrical system without permission, which limited access for other unit owners and created liability issues. The court's order required Persechino and Teixeira to cease using the charging station and to submit a compliant application for its installation.
The court ruled that the owners' installation of the EV charging station violated section 718.113(8) of the Florida Statutes, which governs the installation of such stations in condominiums. The statute allows unit owners to install EV charging stations but also permits condominium associations to impose reasonable requirements. The court noted that the owners had not provided adequate information about their installation, including the materials used and how the electrical connection was made.
The court stated, "By moving ahead with the installation before resolving the application dispute or seeking approval of at least seventy-five percent of the other unit owners, Persechino and Teixeira violated the provisions of both the statute and the condominium declaration."
The court emphasized that the installation of the charging station could be considered a material alteration to the common elements of the property, which required approval from a supermajority of the association's members. The ruling highlighted that the statute does not prohibit associations from setting limits on installations, as long as those limits are reasonable and comply with the law.
The impact of this ruling extends beyond the immediate case. It clarifies the rights of condominium associations to regulate installations of EV charging stations and reinforces the need for unit owners to follow proper procedures. This decision could influence how other associations handle similar requests for EV charging stations, ensuring that they are installed safely and in compliance with existing regulations.
Future condominium owners seeking to install EV charging stations must now be more diligent in understanding their association's rules and the relevant state laws. The ruling serves as a reminder that even with the growing popularity of electric vehicles, compliance with established procedures is crucial to avoid legal disputes.
As for what’s next, Persechino and Teixeira can potentially appeal the court's decision. However, the court's ruling is currently binding and sets a precedent for similar cases in Florida. There are no related cases pending that could affect this ruling directly, but the implications of this decision may lead to further legal scrutiny of condominium regulations regarding EV charging stations.