Electric Vehicle (EV) Charger Policies for Condos, Historic Districts, and Conservation Associations

A condominium’s governing organization may install EV charging only in common areas, and such installations are not treated as “improvements” requiring Section 18 procedures if a majority of unit owners present at a duly noticed meeting approve. The cost of installing EV charging in common areas is a common expense that may be assessed to unit owners as a special assessment. If the board installs EV charging for use by all members, it must establish appropriate terms of use. Any expenses incurred and revenues generated from EV charging fall under common expenses and common profits. In case of conflict, this provision controls over the master deed, trust, or by-laws, and nothing in it overrides applicable sanitary or building, or energy codes.

Associations, historic district commissions, and neighborhood conservation districts cannot prohibit or unreasonably restrict an owner from installing EV charging equipment in their separate-interest or exclusive-use parking space, though they may impose reasonable restrictions and must weigh climate goals. Installations must be at the owner’s expense, done by a licensed professional, comply with all codes, and go through an application process that is deemed approved if not denied in writing within 60 days. Owners are responsible for all installation, maintenance, and repair costs, any damage, electricity costs (using their own meter if feasible), and removal if needed for property repairs; equitable reimbursement applies if common electricity is used. Associations and districts may also install chargers in common areas for all residents and must set terms of use.

(Reference Massachusetts General Laws Chapter 183A, Section 10)