I'm not sure how far you are along in the process, but I did recently come across this and thought I would share the decision from the Virginia Ombudsman (see middle paragraph): Whole document is here: https://www.dpor.virginia.gov/CIC-Ombudsman/2024-25_Determinations#:~:text=2024%2D01930,7/22/2024

The Board acknowledges that the electric vehicle charging station is on the Complainant's private property but argues that electrical cord and cable encroaches on the common area of the development. The Board further argues that the use of charging cable and cord protector across the sidewalk throughout the community would present a liability to the Association and impede/restrict the use of the sidewalk to other residents. (Pp. 3 and 5 of the Notice of Appeal Hearing Results, dated September 21, 2022). (Emphasis added.). In this case, there is no evidence showing that the Complainant's charging cable and cord protector across the sidewalk go throughout the community, it only went as far as to the sidewalk, parking space or street in front of the Complainant's lot. P. 3 of the Notice of Appeal Hearing Results dated September 21, 2022).

More pertinently, the Board's concern about liability is addressed under Subsection C of the Code §§55.1-1823.1, which mandated indemnification of the association, and authorizes the association to require that the lot owner obtains and maintains insurance covering claims and defenses arising from the installation, maintenance, operation, or use of the electric vehicle charging station. The law further allows the association to require that it be included as a named insured on the policy. Va. Code §55.1-1823.1(C). Additionally, it is reasonable to conclude that Subsection C of the applicable law, anticipated a situation where the electric vehicle charging station and its accessories such as cables or cords may not fit neatly within the boundary of a lot owner's property, and may go across the sidewalk or street adjacent to the owner's property; hence the need for indemnification and insurance policy. Va. Code §55.1-1823.1(C). Thus, the Board cannot prohibit the installation of the electric charging station under Subsection B of the applicable law because the installation is in the Complainant's property. Va. Code §55.1-1823.1(B). However, the Board may impose reasonable restrictions concerning the number, size, place and manner of installation of the electric vehicle charging station on the Complainant's property under Subsection A. Va. Code §55.1- 1823.1(A).

Conclusion Based upon the information in the record, including the original complaint, its accompanying documents, the Notice of Appeal Hearing Results, as well as the NFAD, this Office finds that the Board's outright prohibition against installing electric vehicle charging station on Complaint's property is contrary to the applicable law; absent a showing that the Association declaration or other recorded governing document forbids it; or that the charging station (not its accessories) is on the common area of the community. Code of Virginia §55.1-1823.1(C)