What should I do if the owner refuses to install charging piles in his own parking space? The court ruled!
2023-02-01
The owner wanted to install a new energy vehicle charging pile in his parking space, but was rejected by the property when handling the application materials, so the owner sued the property company to the court. Recently, the Intermediate People's Court of Siping City, Jilin Province, heard the case. Guomou, the owner of his own parking space and charging pile property, did not assist in handling the installation procedures and bought an underground parking space from Xu. After purchasing a new energy vehicle, Guo wants to install a charging pile in the parking space, and asks the community property company to assist in handling the application for installation procedures. However, the property management company refused to stamp the application materials on the grounds that the construction plan of the community did not include charging piles and that there were potential safety hazards in the installation of charging piles, resulting in Guo's inability to install charging piles. Guo appealed to the court and requested the property company to assist him in handling the installation procedures of charging piles. The court: for improper reasons, after assisting in the installation of Siping Intermediate People's Court, it believed that new energy vehicles are of great significance for saving resources and protecting the environment. Charging pile is an important infrastructure to promote the development of new energy vehicle industry. The state supports the construction of electric vehicle charging infrastructure in residential areas, and regulates the rights and obligations of users, property service enterprises and other relevant subjects. As the owner of the community, Mr. Guo has formed a property service contract relationship with the property service enterprise. If he wants to install charging piles in his own parking space, the property company should actively cooperate with him. Although the property company argued that the construction plan of the community did not include the charging pile and the installation of the charging pile was a potential safety hazard, it was not a legitimate reason for the property service enterprise to refuse to install the charging pile. The property management company also did not provide evidence to prove that there was a potential safety hazard in the installation of charging piles in the parking spaces involved in the case. And the property company agrees that the owner's installation of the charging pile is only one of the links of the installation of the charging pile, which does not mean that the property service enterprise can relax or give up its management responsibilities. Finally, the court ordered the property company to assist Mr. Guo in the installation of charging piles. The judge said that with the popularity of new energy vehicles, disputes caused by property management companies shirking their responsibilities and refusing owners to install charging piles in the community on the grounds that the construction plan of the community does not include charging piles and there are potential safety hazards. Article 9 of the Civil Code stipulates that civil subjects engaged in civil activities should be conducive to saving resources and protecting the ecological environment. In recent years, the green principles stipulated in the Civil Code have played an increasingly prominent role in implementing the concept of green development. New energy vehicles are of great significance for promoting energy conservation and emission reduction and protecting the ecological environment. In this case, the property service enterprises should actively cooperate with the owners to install charging piles in their own parking spaces in line with the green principles stipulated in the Civil Code. The property company should actively respond to the development direction of the national new energy industry, take the initiative to assume social responsibilities, and fully perform the property service contract obligations. (Xinhua News Agency)
Edit:Hou Wenzhe Responsible editor:WeiZe
Source:China Legal Info
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