Charging stations for HOAs
In the rapidly evolving world of electric vehicles, the introduction of electric driving has made an undeniable advance. This also increases the need for electric charging infrastructure, especially in apartment buildings. In this context, we would like to inform you about the crucial considerations involved.
Charging infrastructure is a long-term decision!
The switch to electric vehicles often results in the desire of several co-owners in a building to install charging stations. Implementing such charging infrastructure usually requires adapted cabling through the common areas and possibly additional electricity meters. Since the main connection between the street and the building has limited capacity, this can have technical and financial consequences. For this reason, it is advisable to jointly opt for a collective charging system with a central server that distributes the load between different charging stations.
It is essential to discuss this topic during the annual general meeting of the Association of Co-Owners (VME) and take a long-term view.
Can each individual co-owner simply install a charging station on his private parking space(s)?
No, this cannot just happen. The right to install infrastructure such as a charging station requires specific procedures, as described below.
Formalities for individual charging station installation
An individual co-owner must notify the syndic in writing by registered letter at least two months in advance of the planned work, providing a detailed description and justification of the work. The syndic then informs the other co-owners.
If there is no response or objection within this two-month period, the work can be carried out. The VME can also choose to carry out the work itself within six months of the individual co-owner's notification.
Reasons for refusal of an individual charging station
Co-owners who object to an individual project can rely on three legal presumptions of legitimate interest:
- Infrastructure is already present in the common areas (including current or future initiatives for collective installations).
- The work causes significant damage to the appearance of the building, the common parts, its use or its hygiene and safety.
- The work does not provide any optimization and may even increase the financial burden for other co-owners (e.g. rate increase due to exceeding network capacity).
Decision making for collective charging infrastructure
Decisions regarding the installation of a common server for control, the installation of additional cabling and the installation of additional electricity meters must be taken during a (special) general meeting by a majority of at least two-thirds.
If the VME has to install cables and infrastructure through private plots, the same two-thirds majority can be maintained if there is a technical or economic justification.
Anticipating future collective charging infrastructure without a majority
The VME can include in the co-ownership regulations (RIO) that individual co-owners may only install charging stations with an open source system to enable later integration into a collective charging system. This decision must be taken during a (special) general meeting with a majority of at least 50+1.
Fire safety, insurance and tax benefits
There is currently no clarity regarding fire safety and insurance regarding electric vehicles and charging stations in garages. A bill in this area is currently being examined.
Regarding tax benefits, co-owners who invest individually or jointly, depending on the conditions, can reclaim part of their investment through a tax reduction until August 31, 2024. This reduction varies from 45% to 15% of expenditure, with a maximum of €1,750 per charging station and per taxpayer.
For bidirectional charging stations, which make it possible to use the power from the car battery at home, the maximum tax credit is €8,000 per charging station and per taxpayer.
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