Page 5 - New England Condominium April 2022

NEWENGLANDCONDO.COM
NEW ENGLAND CONDOMINIUM
-APRIL 2022
5
QUESTIONS & ANSWERS
Legal
Q
A&
Disclaimer: Th e answers provided in this Q&A
column are of a general nature and cannot
substitute for professional advice regarding your
specifi c circumstances. Always seek the advice of
competent legal counsel or other qualifi ed profes-
sionals with any questions you may have regard-
ing technical or legal issues.
Make Well-Grounded Decisions on
Change
Q
An owner in our condominium
has asked the board for permis-
sion to install an electric vehicle
charging station in his garage unit. Th is
would require some infrastructure changes
to the electrical system for the association.
What sort of issues should the board con-
sider in making a decision?
—Charging Ahead
A
“When association boards
are presented with a unit
owner request (for an elec-
tric car charging station or otherwise),
there are three primary considerations: 1)
compliance with the association’s govern-
ing documents; 2) compliance with ap-
plicable law; and 3) the overall protection
and best interests of the association,” says
Gary M. Daddario, partner at Marcus,
Errico, Emmer & Brooks, PC in Merri-
mack, New Hampshire.
“The first consideration requires a re-
view of the governing documents for any executed agreement between the asso-
language relevant to the topic at hand. Is ciation and the unit owner is necessary to
the requested item prohibited? If it is al-
lowed, what process (e.g., vote, approval, ability clear if the need arises. Typically,
requirements) must be followed? The such agreements will have provisions
second consideration requires a review governing the scope of work, the licen-
of your state’s association statute as well sure and insurance requirements of con-
as any municipal ordinances or bylaws. tractors performing work, any additional
Again, based on the language relevant to ongoing insurance that will be required of
the topic, is the requested item prohibit-
ed? If allowed, what are the requirements penses (including the association’s legal
to be met? As to the third consideration, expenses), indemnification to protect the
boards should analyze whether the re-
quested item is a good fit for the associa-
tion. Factors to consider include things tion to restore any disturbed areas to their
like available physical space, safety and prior condition if the owner abandons the
whether or not the requested item will requested item, measures for enforcement
result in increased risks or expenses to in the event of a breach of the agreement,
the association and, if so, how they will and obligations for obtaining any neces-
be handled.
“Practically speaking, if a request is to the work being performed. Other provi-
be granted, appropriate legal measures sions may also be appropriate depending
should be taken. Whether the situation on the circumstances of a specific case.”
calls for an easement, a limited common
area agreement, or something else, an
memorialize the terms and make enforce-
the unit owner, responsibility for all ex-
association from any incident associated
with the grant of the request, an obliga-
sary permits, where applicable, for any of
n
Do you have an issue
with your board? Are
you wondering how to solve a dispute
with a neighbor?Can’t fi nd information
you need about a building’s fi nances?
Our attorney advisors have the answers
to all of your legal questions. Write to
New England Condominium and we’ll
publish your question, along with a
response from one of our attorney
advisors. Questions may be edited for
taste, length and clarity. Send your
questions to:patgale@yrinc.com.
Q&A