Does the property obstruct homeowners from installing charging stations? The Supreme People's Court releases typical cases
2024-08-19
In order to further promote the improvement of the system and mechanism for developing new quality productivity according to local conditions, the Supreme People's Court recently issued 5 typical cases of people's courts serving and ensuring the development of new quality productivity. It is understood that the new quality productivity plays a leading role in innovation, breaking away from traditional economic growth models and development paths of productivity, and has advanced productivity qualities characterized by high technology, high efficiency, and high quality, in line with the new development concept. The case of Lai suing a property management company over a property service contract dispute this time focuses on the issue of charging infrastructure construction that affects the development of electric vehicles. Lai ordered a new energy vehicle and wanted to install charging stations in his parking space, so he requested the property management company of the community to provide relevant proof of approval for his installation of charging stations. However, the property management company believes that the community cannot meet the installation requirements of all electric vehicle charging stations and meters, and that issuing a consent letter to the owners who applied first is unfair. Moreover, installing charging stations in the basement does not meet fire safety requirements, so they refuse to provide relevant certificates. Lai then sued the property management company to the court. The court holds that the owner has the right to possess, use, benefit from, and dispose of the exclusive parts of their building in accordance with the law. The plaintiff installed charging stations in their own parking space and exclusive parts, which does not affect the joint ownership rights of other owners. Property service enterprises shall not refuse to cooperate or obstruct without justifiable reasons. As for whether the self use pile meets the installation conditions and how it should be installed, it should be determined based on the feasibility survey of electricity and construction. At the same time, the issuance of a certificate of consent for the installation of charging stations by the property management company does not mean that they have given up the corresponding property management. When there is infringement or other improper behavior during the actual installation and use of new energy vehicle charging stations in parking spaces, the property management company can still exercise its property management power in a timely manner to stop, correct, prevent and avoid damage. In the end, the court ruled that the property management company should provide a certificate of consent to Lai's installation of a new energy vehicle charging station. After the verdict, none of the parties appealed. The Supreme People's Court believes that the judgment in this case accurately defines the rights and obligations of property services, solves the problem of restricting the promotion of electric vehicle applications, and actively responds to hot issues such as the scope of property service obligations, access to electrical facilities, and fire safety protection caused by the installation of charging piles in residential areas. The judgment will include cooperation in the construction of charging facilities in the community, providing proof of consent for the installation of charging piles, and other conveniences into the scope of property services, legally protecting the rights and interests of owners. At the same time, it is clarified that property service enterprises should take reasonable measures to assist in the installation, management, and maintenance of charging infrastructure, protect the personal and property safety of owners, eliminate safety hazards, prevent damage, and create a favorable atmosphere for the green and low-carbon transformation of the economy and society. (New Society)
Edit:Lubaikang Responsible editor:Chenze
Source:people.com.cn
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