Condo Media - May 2019 - 51

pay attention to how other associations
are dealing with the issues and try to
learn from their successes.
WHAT ARE THE ASSOCIATION'S
PRIMARY GOALS WITH REGARD
TO EVCS INSTALLATIONS?
n Certainly every board's number one
goal with EVCS installations should
be the safety of the community. Is the
EVCS tied into the electrical source
correctly? Do we have the appropriate electrical capacity to handle the
system? Is the system equipped with
appropriate breakers and other safeguards? Is there adequate ventilation
for the system? Are any additional
safety systems needed in the vicinity
of the EVCS in the event of accidents
or emergencies (i.e., non-water fire
suppression; safety bollards to prevent
collision with the EVCS by vehicles;
safety stations with gloves, grounding
rods and the like)?
Some of these questions may be able
to be answered by the manufacturer or
installer. The EVCS unit your owner
proposes to install almost certainly has
manufacturer's installation specifications that includes any recommended
safety considerations.
n Aside from the safety of the system
itself, the board should give consideration to the safe operation and maintenance of the EVCS. How long will
the output cord from the EVCS to the
owner's charging car be? Will the cord
run across an area where people might
trip over it? How will the cord be safely
stowed out of the way when not in use?
If the EVCS is exposed to weather,
what is the safe method of removing
snow and ice from the system? How
much clearance from snow needs to be
maintained around the system? Again,
manufacturer's specifications will likely
provide some guidance here. Even
consider reviewing the specifications
for different manufacturers' systems as
one might have picked up on a concern
that another may have missed.
n Maintaining good order and
discipline might also top the list
of primary goals for the EVCS.

What will be the association's policy
on "shared" systems or charging by
guests? In many garages and public
parking areas, EVCS spaces are generally "up for grabs" for anyone with
an electric vehicle. How will the association address the unauthorized use
of an EVCS by someone other than
the unit owner? Will it get involved
at all? How does that enforcement
obligation change when the EVCS
is located within the common areas
as opposed to within the owner's
designated parking space? Is there
a lockout mechanism on the EVCS
to prevent unauthorized use?
n Cost effectiveness is also going to be
squarely within the board's consideration. How much time and energy will
the board and its legal and engineering
advisors have to put into review of
these applications? This, of course,
will vary from system to system and
association to association, but it's not
unreasonable to expect that the first
application reviews are likely to be
somewhat inefficient. Having multiple
applications, from different owners
who may be submitting applications
for installations of EVCS by different
manufacturers, is also going to complicate matters. If a board anticipates
there will be strong demand for ECVS
in its community, taking a more proactive approach (like reaching out to
an ECVS installer to discuss a system
with a bank of stations) may be a better approach.
Whatever the circumstances and
considerations, having a comprehensive
and thoughtful application and review
process will be key to protecting the association's interests.
WHAT TYPES OF THINGS
SHOULD AN EVCS INSTALLATION
APPLICATION INCLUDE?
The application itself should focus
primarily on the board's installation
safety concerns. Aside from the general
owner information and type of system,
boards may want to consider including
some of the following requirements in
their applications:

n A load calculation opinion from
a licensed and insured electrician,
certifying that the association's
electrical system can handle
the extra load from the EVCS
as installed.
n Electrical plans with single-line
diagrams showing the complete
system from point of connection
to the power supply to the EVCS,
including any metering or submetering for the system.
n A complete copy of the EVCS
manufacturer's installation
instructions, including any safety
recommendations; proposals for
compliance with all applicable
safety regulations.
n Certification from the installer
that the EVCS has been installed
in accordance with all of the
manufacturer's specifications.
n If the EVCS is located within the
owner's designated parking space,
then a plot plan showing the proposed layout of the system within the
owner's designated area; if the owner
is proposing location of the EVCS
within the association's common
areas, then possibly a survey plan
showing the as-built location of the
system and relative locations of
existing buildings, structures and
parking spaces.
n Installation permits from the
City of Boston.
At this early stage, there seem to
be far more questions than answers as
boards in Boston and beyond try to make
sense of the new law, but here's what we
do know: electric car usage is on the rise,
condominium owners (and prospective
owners) are going to demand facilities
to charge those cars, and sooner or later
boards are going to have address the issues presented by their associations.
n SCOTT OWENS, ESQ. IS AN
ASSOCIATE WITH THE LAW FIRM
MARCUS, ERRICO, EMMER &
BROOKS, P.C.

May 2019 CONDOMEDIA

Condo Media - May 2019

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