Question: Can the executive committee appropriate visitor car spaces for EV charger installation?
We are planning to retrofit EV chargers in our multi-unit residential building, which was completed in early 2024. Is the executive committee permitted to appropriate visitor car spaces for the installation of EV chargers?
Answer: Converting visitor car spaces for EV chargers requires an ordinary resolution under the Act.
In the ACT, there are several issues that should be considered in relation to any potential conversion of visitor car spaces to install EV chargers.
Visitor car spaces are likely to be common property, which is owned by the owners corporation.
Planning controls, such as the original development approval for the building, may require the building to have a certain number of visitor car spaces. Reducing the number of visitor car spaces may require further development approval from the planning authority.
The executive committee will require the authorisation of the owners corporation to install any EV charger infrastructure on common property. Whilst there is no definitive guidance on this point, this is likely to constitute “utility infrastructure” under the Unit Titles (Management) Act 2011 (ACT), such that section 23 would need to be complied with. This would include:
- an ordinary resolution being passed approving the installation; and
- a detailed consideration of the issues specified in sub-section (2), which require the long-term benefit to outweigh the cost of installation and maintenance.
The owners corporation will need to consider how it regulates the future use of the car spaces. For example, to mandate that the spaces are to be used exclusively for the purpose of charging EVs, this may require alternative rules and the granting of special privileges.
This is a complex issue, and there are several legal considerations when an owners corporation proposes to retrofit EV chargers. An owners corporation should seek legal advice specific to its particular circumstances if it is considering doing so.
The information contained in this discussion is general in nature and is provided for informational purposes only. It should not be relied upon as a substitute for professional legal advice tailored to your owners corporation’s specific circumstances.
This post appears in Strata News #804.
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