EV Charging Station: Legal Permit and the 4/5 Majority Requirement

The Parking Lot Is a Common Area

In apartments and complexes, the parking lot is, as a rule, a common area. Even if it is for their own vehicle, a unit owner mounting a fixed charging unit in the common area is not a decision they can make alone. Every owner has a share in the common area; for this reason, installations that affect the common area require a board decision. We explained the legal definition of a common area in detail in our what is a common area article.

What Majority Is Required?

For a charging station installation in the common area, it is accepted in practice that the written consent of four-fifths (4/5) of the unit owners is sought. This is a heavier majority than an ordinary decision, because a permanent change is being made to a common area. Unless the management plan provides otherwise, the infrastructure costs and usage principles are also determined by this decision.

Is Individual Installation Possible?

If the technical infrastructure is suitable, a unit owner can make an installation on their own parking area through their own electricity subscription (their own meter). However, even in this case, since the installation affects the common area and the building's electrical infrastructure, the knowledge and consent of the board are important. The approach "it's my area, I can do whatever I want" is not valid in a common area.

Consequences of Unauthorized Installation

An installation made without the required majority may be subject to litigation by the other owners; the court may order restoration to the original state (removal of the installation). For this reason, a proper board decision must always be obtained before installation. We covered how the board convenes and the decision quorums in our board of unit owners article.

Documenting the Decision

The installation decision taken must be entered in the decision book, and which owners consented, the cost, and the usage principles must be clearly written. Undocumented consent creates proof problems when objections arise later. In a digital management system, recording meeting decisions and consents ensures the process proceeds on solid ground.

Common Mistakes

• Skipping the majority: Installation without the required consent carries the risk of removal.
• Not documenting the decision: Unwritten consent cannot be proven.
• Not clarifying cost/usage: Uncertainty about who pays what and who uses the station creates tension.

Related Topics

We covered the general framework of the installation in our EV charging installation guide, cost and pricing in our pricing article, and the regulatory dimension in our EV charging regulations article.

This content is for informational purposes. The charging station permit and majority requirement may vary according to the specific case and the current regulations; proceed with a legal counsel.