LEGISLATION PASSED REGARDING ELECTRIC VEHICLE CHARGING STATIONS IN THE CITY OF CAMBRIDGE
On one of the last days of the 2021/2022 legislative session, the Massachusetts legislature passed, and the Governor signed, a bill relative to electric vehicle charging stations at condominiums and other community associations in the City of Cambridge. This new law is identical to the legislation passed a few years ago for the City of Boston.
At the outset, it is important to note that this new law only pertains to the City of Cambridge, and does not affect any other cities or towns in Massachusetts
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Just like the Boston law passed a few years ago, pursuant to the recently passed law, a condominium, homeowners association, cooperative, or other community association in Cambridge may not prohibit or unreasonably restrict an owner from installing an electric vehicle charging station (EVCS) on or in areas subject to the owner’s separate interest, exclusive interest, or on a common element so long as it is within a reasonable distance from the owner’s dedicated parking space. Therefore, an owner has the right to install an EVCS in his/her own parking space, or on the common areas (within a reasonable distance from the owner’s parking space).
The law does allow for the association’s board to impose reasonable restrictions on the installation and use of the EVCS. However, such restrictions shall not significantly increase the cost of the station, significantly decrease its efficiency, or effectively prohibit the installation altogether.
In addition to any reasonable restrictions that may be imposed by the association’s board, the new law specifically includes the following rules and regulations regarding the installation and use of the EVCS:
Installation shall be at the owner’s expense, all work must be done by a licensed contractor and/or electrician, and the EVCS shall meet and be subject to all applicable permits, codes, requirements, etc.
The owner is responsible for the maintenance, repair and replacement of the EVCS.
The owner is responsible for any damage to the common areas caused by the EVCS.
The owner must connect the EVCS to his/her own electricity utility account unless that is not possible, in which event, the association shall allow the owner to connect the EVCS to the common electricity account, but may require reimbursement by the owner to the association for the electricity costs.
The owner is responsible to remove the EVCS if necessary for the maintenance of the common areas.
Pursuant to the law, the association may require that the owner submit an application to the board before installation; however, if the application is not denied in 60 days, the application is deemed approved. The association may not charge the owner any fees for the placement of the EVCS.
While this new law only pertains to Cambridge, and given that Boston passed the same law a few years ago, we believe it is only a matter of time before the legislature imposes similar requirements for all cities and towns.
As such, we encourage associations to implement a procedure and application process for handling requests for EVCS so that they are reviewed in a uniform and timely manner. In addition, in order to control the spread of EVCS on the property, boards might want to consider taking the proactive step of installing an EVCS in the common areas for the use of all owners.
If you have any questions regarding how this new Cambridge law ordinance might impact your association, please do not hesitate to contact Matthew W. Gaines.