MASSACHUSETTS LEGISLATURE ENACTS CHANGES TO CONDOMINIUM ACT REGARDING ENERGY CONSERVATION DEVICES AND ELECTRIC VEHICLE CHARGING STATIONS

At the end of the 2023/2024 legislative session, Massachusetts Governor Maura Healey signed a comprehensive climate and clean energy legislation, an act promoting a clean energy grid, advancing equity and protecting ratepayers. Included in the bill were two significant changes to the Massachusetts Condominium Act.

The first change included amendments to Section 6(a)(ii) and Section 10(b)(6), regarding the installation of devices that result in energy savings, energy efficiency, and greenhouse gas emissions reductions in condominium units. Under current law, Sections 6(a) and 10(b)(6) contain similar provisions regarding the process of approving the installation of energy conservation devices in units. As part of the amendments to c. 183A, some of the redundant provisions in §6(a) have been removed and references to §10 have been added to §6(a).

More notable are the new provisions in §10(b)(6) regarding installation of solar energy systems and electric vehicle supply equipment.

In the past, there has been some ambiguity as to whether the installation of solar energy systems would be an “improvement” under §18 (requiring a vote of 75% of the owners) or an installation of an energy saving device under §10(b)(6), which only requires the approval of a majority of unit owners in attendance at a meeting. We now have clarity on this question. The amendments to §10(b)(6) specifically state that the installation of solar energy systems shall be governed by §18.

With respect to the installation of electric vehicle supply equipment, the amendments to §10(b)(6) have also provided clarity on whether the installation of such equipment is an “improvement.”

Pursuant to the recently enacted changes to §10(b)(6), “electric vehicle supply equipment installed in common areas…shall not be considered improvements for the purposes of said section 18.” However, it is important to note that the requirement in §10(b)6) to obtain the approval of the majority of the unit owners in attendance at a meeting does apply to the installation of electric vehicle supply equipment in the common areas.

Speaking of electric vehicles, the other major change to c. 183A includes a new Section 10A that has been added to c. 183A regarding the installation of electric vehicle supply equipment by unit owners. Pursuant to the new Section, a condominium association, homeowners’ association, community association, or cooperative “shall not prohibit or unreasonably restrict an owner from installing electric vehicle supply equipment…in an area subject to the owner’s separate interest or in an area to which the owner has exclusive use.” Or to put it more simply, the association cannot prohibit or unreasonably restrict an owner from installing an electric vehicle charging station or equipment in a parking space which is dedicated for the exclusive use of the owner.

The language in the new Section 10A is very similar to ordinances adopted in the past few years in Boston and Cambridge, but now apply statewide.

Other significant provisions included in Section 10A are the following: (1) the electric vehicle supply equipment shall be installed at the owner’s expense; (2) it must be installed by a licensed contractor or electrician; and (3) the equipment must conform to all applicable health and safety standards and requirements. In addition, the new language allows an association to require an owner to submit an application to the board before installing the equipment. If the board does not deny the application within sixty days, the application shall be deemed approved. There are additional provisions included in Section 10A regarding an owner’s obligation to disclose to the buyer the existence of the supply equipment, whether the owner intends to remove the equipment, and the cost of electricity associated with the equipment. Finally, the law requires that the owner connect the equipment to the owner’s own electric utility account unless it is deemed impossible to do so, in which event the association shall allow the owner to connect the equipment to the common electricity but may require reimbursement by the owner to the association.

The bill was enacted as Chapter 239 of the Acts of 2024 and is effective on February 15, 2025.

If you have any questions, please do not hesitate to contact Matthew W. Gaines at mgaines@meeb.com.