CONDO BOARDS CAN’T BAN CHARGING STATIONS
NEW MASSACHUSETTS LAW CREATES A STATEWIDE RIGHT TO CHARGE ELECTRIC VEHICLES
When Boston and Cambridge enacted “right-to-charge” ordinances in 2019 and 2022, respectively, codifying the rights of electric vehicle owners to install charging stations in multi-family buildings, industry executives predicted that Massachusetts lawmakers would eventually follow suit. They were right.
A sweeping climate bill enacted at the end of last year includes a statewide “right to charge” provision, prohibiting condominium associations and homeowners’ associations from banning or unreasonably restricting the installation of charging stations in areas used exclusively by owners. The state law closely tracks the language in the local ordinances, with a few tweaks clarifying the authority of HOAs and condo associations to review installations and to regulate them. We’ve compiled the following list of FAQs to help condominium boards understand and comply with the new law.
Can associations ban the installation of charging stations in areas that are
designated for the exclusive use of the unit owner?
No. The state law prohibits associations from banning installations in areas used exclusively by owners. The law also prohibits associations from imposing requirements that unreasonably restrict the installations, increase their cost or reduce their efficiency. This could require associations to approve installations that are in common aeras or affect them.
What “reasonable” requirements can associations adopt for EV installations?
Reasonable requirements would include, among others:
Pay all installation and maintenance costs for their charging station, including the cost of any structural modifications required for it;
Pay for the electricity used to recharge their vehicles, including the cost of installing a separate meter, if necessary, to monitor usage;
Pay for the removal of the charging station if necessary for the maintenance or replacement of any property of the condominium.
Pay for any damage to the charging station, common areas or other interests resulting from the installation, maintenance, repair, removal or replacement of the charging station;
Use a licensed contractor and/or electrician and to meet all federal, state and local legal requirements;
Disclose the existence of charging stations to prospective buyers of their units, who will assume responsibility for them; and
Require owners to enter into a written agreement governing the installation and maintenance of the system.
What if the owner’s parking space is far from the electrical supply, which would significantly increase the cost of the installation?
The Boston and Cambridge ordinances require associations to approve installations provided that the connection is “within a reasonable distance” from the owner’s dedicated parking space. The state law does not include that caveat. So associations would have to approve the installation, but they could also require the owner to pay the cost, even if it is significant or even prohibitive. However, associations can prohibit an installation only if it really is not feasible – for example, if it requires relocating sewer pipes or cable wires or digging a trench through the lobby of another building.
What if the charging station can’t be connected to the owner’s sub-meter?
The association would have to allow the owner to connect to the common meter and then bill the owner for the electricity used. This is likely to be a challenge in high-rise and mid-rise buildings, where multiple owners may have to connect to the central meter. Given that likely challenge, boards should begin thinking about how they will handle the billing process.
Can associations require owners to submit an application for their charging station and can they charge an application fee?
Yes to both. But the application fee and review process for charging stations must be the same as for any other modifications. Additionally, the state law requires that associations act on charging station applications within 60 days. If the application isn’t rejected within that time period, it will be deemed to have been approved. Given the requirements of the state law, associations should consider adopting formal procedures for approving all modifications. This will ensure the consistency the law requires and ensure that owners are aware of the procedures that will apply to their modification requests.
Can associations charge a fee for EV installations?
No. The state law specifically prohibits an installation fee beyond the fee charged for processing the application.
Should associations approve installations in common areas or limited common areas via easements or licensing agreements?
There is no “right” answer to this. The licensing agreement can be terminated, making it, perhaps, more appealing to associations; the easement is permanent and so may be preferable to owners, who are incurring potentially significant installation costs. Whatever the arrangement, the state law specifically requires owners who sell their units to make sure buyers are aware of the terms, including the maintenance and other obligations related to the charging station.
Should community associations install multiple charging stations as a common expense?
There are strong arguments for doing so, primary among them: As more consumers buy electric cars, more existing owners and prospective buyers will view charging stations as a desirable and perhaps even an essential amenity. Communities with charging stations in place may have a marketing advantage as a result. Also, having the association control the installations will avoid the need to deal with installation requests and logistical issues one at a time as owners submit individual applications.
If a community pays for the charging station installation, would it be considered an improvement, requiring owner approval, or an amenity, which boards have the authority to approve?
As a general rule, a modification that adds something not previously there would be considered an improvement, which, in Massachusetts, typically requires 75 percent of owners to approve it. But the recent change to the state law includes an important clarification: It defines charging stations as “energy saving devices,” which, unlike improvements, can be approved by a simple majority of owners in attendance at a meeting -- a much lower bar for associations that want to make the installations a common expense.
Please contact Matthew Gaines or Mark Einhorn with any questions regarding electric vehicles and/or charging stations.