The Clean Energy Grid Act becomes effective on February 19, 2025.

For more information, please visit https://malegislature.gov/Laws/SessionLaws/Acts/2024/Chapter239

It applies to all condominium associations, HOAs, HDCs. NCDs, and any other cooperative, trust or nongovernmental entity with covenants, by-laws and administrative provisions with which a home or until or unit owner must comply - and to the homeowners and unit owners subject to such rules. 

The Act amends the existing condominium laws to explicitly provide for the installation of EV charging equipment. It states that condominium associations, homeowners’ associations (“HOAs”), historic district commissions (“HDCs”), and the commissions or boards of neighborhood conservation districts (“NCDs”) may not “prohibit or unreasonably restrict” an owner from installing EV supply equipment on or in an area subject to an owner’s separate interest, or in an area to which an owner has exclusive use.

A “separate interest” means a lot, unit, or interest to which the owner(s) has exclusive rights of ownership.

A “dedicated parking space” means either a parking space located within an owner’s separate interest, or a parking space located within a common area but subject to the owner’s exclusive use rights, such as a deeded parking space, a garage space, a carport, or a parking space specifically designated for use by a particular owner.

“EV supply equipment” means an electric component assembly, or cluster of component assemblies, designed specifically to charge batteries within EVs by permitting the transfer of electric energy to a battery or other storage device in an EV. 

Condo associations, HOAs, HDCs, and NCDs may set “reasonable restrictions” on the installation of EV charging equipment by unit owners, but may not prohibit the installation.

In developing such restrictions, the commission, board, manager or organization must give substantial weight to the threats posed by climate change and the Commonwealth’s obligation to meet the statewide greenhouse gas emission limits and sublimits established under chapter 21N of the General Laws. These include a 50% reduction in overall greenhouse gas emissions levels and a 34% reduction in transportation sector emissions by 2030 and net-zero greenhouse gas emissions by 2050.

“Reasonable restrictions” are those that do not: (1) significantly increase the cost of EV supply equipment or the installation thereof; (2) significantly decrease its efficiency or specified performance; or (3) effectively prohibit its installation.

An owner may install EV charging equipment on or in an area subject to their separate interest or exclusive use (e.g., the owner’s dedicated parking space), provided that such equipment is installed at the owner’s expense by a licensed contractor or electrician and conforms to all applicable health and safety standards and requirements of national, state, and local authorities (including zoning and other local ordinances and land use permits). 

Yes, a condo association, HOA, HDC, or NCD may require an owner to submit an application before installing EV supply equipment. The condo association, HOA, HDC, or NCD must process the application to install EV supply equipment in the same manner in which it processes an application for an architectural modification to the property, if such application exists, and may under no circumstances willfully avoid or delay review of the application to install EV supply equipment. Such applications must be processed (approved or denied) within sixty (60) days of receiving the application, or it is deemed approved.

No, as long as the owner complies with all requirements under Section 86 of the Act and applicable architectural standards, if any, of the condo association, HOA, HDC, or NCD. 

Not yet. The Act does empower the Executive Office of Housing and Livable Communities to promulgate regulations as necessary to implement the section on EV charging equipment.

The owner, and each successive owner is responsible for disclosing certain information to the prospective buyers and fixing any damage caused by removal of the equipment. The owner is also responsible for covering the cost of the electricity the EV charging equipment uses. 

Yes, but it is under no obligation to do so. If they do, it must develop appropriate terms of use for such supply equipment. 

No, a condominium association, HOA, HDC, or NCD may not assess or charge an owner any fees for the placement of EV charging equipment.  If an application is required, an application fee can be charged only if it is reasonable and such application fees exist for ALL applications for architectural modifications.