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    EV Chargers in NJ Multifamily and HOA Communities

    The short answer: In New Jersey, a condo, co-op or homeowners association can't ban an owner's EV charger in the owner's own designated parking space, and it can't impose unreasonable restrictions on one. It can still require approval and set reasonable conditions, such as a licensed electrician, insurance and paying for the electricity (N.J.S.A. 45:22A-48.4). Separate laws require new apartment and condo buildings of five or more units to prepare a share of their parking for chargers (N.J.S.A. 40:55D-66.20), and require builders of larger new-home developments to offer charger installation to buyers (N.J.S.A. 52:27D-141.11).

    For agents, these rules come up in condo listings, buyer questions and new construction sales. Here's how each one works.

    What does the NJ association EV charger law cover?

    The law (P.L.2020, c.108) applies to associations that manage common elements in a planned real estate development. It voids any master deed provision, bylaw, rule or deed restriction that "prohibits or unreasonably restricts" installing or using a charger in a designated parking space (N.J.S.A. 45:22A-48.4(a)).

    Two definitions in the law decide most questions:

    • Designated parking space: a space set aside for a particular owner, such as a garage, a deeded space or a limited common element space.
    • Reasonable restriction: one that doesn't significantly increase the charger's cost or significantly reduce its efficiency or performance.

    The law covers chargers capable of at least Level 2 charging. It applies to residential unit owners, including co-op shareholders, but not to commercial units (N.J.S.A. 45:22A-48.4(i)). If you're new to how condo rules are layered, start with our guide to the master deed and bylaws.

    What can the association require before it approves a charger?

    If the governing documents require approval, the association handles the application like an architectural modification. The decision has to be in writing, and it can't be willfully avoided or delayed. An application that isn't denied in writing within 60 days is deemed approved, unless the delay comes from a reasonable request for more information (N.J.S.A. 45:22A-48.4(c)).

    The association must approve if the owner agrees in writing to (N.J.S.A. 45:22A-48.4(d)(1)):

    1. follow the association's architectural standards
    2. use a licensed electrician
    3. get the required insurance within 14 days of approval and before installation
    4. pay for the charger's electricity
    5. pay the association's reasonable review costs, such as engineering and legal fees, which may be escrowed up front

    The owner must also keep a homeowner's liability policy at the minimum the statute sets, with the association named as certificate holder (N.J.S.A. 45:22A-48.4(d)(6)).

    When can an association say no or make an owner wait?

    The association can deny an application only if it reasonably concludes the charger is a life-safety risk. If chargers would overload the building's electrical supply, it can hold applications until upgrades are done. It can also split the cost of those upgrades equally, as a special assessment, among the owners who have installed or applied for chargers (N.J.S.A. 45:22A-48.4(c), (d)(2)–(3)). The Department of Community Affairs enforces the law (subsection h).

    What if the owner has no assigned parking space?

    The protection above applies to designated spaces. Without one, the options belong to the association. The board may license a common-area space to one owner for a set period, at its discretion, as long as the grant isn't fraudulent, unconscionable or self-dealing. It may also install shared chargers in common parking, or create a new space for a charger at the requesting owner's expense (N.J.S.A. 45:22A-48.4(e)–(g)).

    What should buyers, sellers and agents know when a unit has a charger?

    The charger's obligations travel with the unit. Each owner and each later owner is responsible for the charger's repairs, damage it causes, its electricity and its removal and restoration costs, collectable like assessments unless the governing documents say otherwise. The law also says the owner, and each successive owner, "shall be responsible for disclosing to prospective buyers" that the charger exists and the obligations that come with it (N.J.S.A. 45:22A-48.4(d)(4)–(5)).

    A few practical habits (our suggestions):

    • At listing, ask condo and HOA sellers whether they installed a charger and get a copy of the association's approval.
    • Make sure the buyer's side knows about the charger early, along with the insurance and cost duties that pass to them.
    • Have buyers read the association's EV rules alongside the other documents covered in our condo, co-op and 55+ guide.

    Do new apartment and condo buildings have to include chargers?

    Yes, for new projects. As a condition of preliminary site plan approval, a multiple dwelling with five or more units, including condos and co-ops, must prepare at least 15% of its required off-street parking as "Make-Ready" spaces, pre-wired for chargers. Chargers go into one-third of those spaces at first, another third within three years after the certificate of occupancy, and the final third within six years (N.J.S.A. 40:55D-66.20(a)). Single-family homes are exempt (subsection c).

    According to the Department of Community Affairs, existing developments don't have to retrofit. Buildings with under five units are exempt, and towns can't demand more than the statewide ordinance requires (DCA EVSE ordinance FAQ). Chargers are also a permitted accessory use in every zoning district (N.J.S.A. 40:55D-66.18). DCA notes, though, that a resident who charges the public for using a home charger may need a variance. For the zoning basics, see land use controls on the NJ exam.

    What about new single-family developments?

    For developments of 25 or more owner-occupied homes, the builder must offer to install, or arrange to install, a charger when a buyer starts negotiating. Before the contract, the builder must disclose the option and, if asked, the cost. The sales contract must include notice of the offer (N.J.S.A. 52:27D-141.10 and -141.11). Our guide to new construction for agents covers the rest of a builder sale.

    If you're thinking about a real estate career, Business Elementary's 75-hour pre-licensing course is where it starts.

    Sources

    This page is general education, not legal advice. Association disputes and specific installations are questions for the association's documents, a licensed electrician and, if needed, an attorney.

    Last reviewed: November 14, 2026

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