The property was sued for not cooperating with the owner to install charging piles-瞭望新时代网

The property was sued for not cooperating with the owner to install charging piles

2022-07-06

The owner asked the property company to cooperate in the installation of charging piles, but the property company insisted that it had no such obligation. Recently, the people's Court of Hefei high tech Industrial Development Zone in Anhui Province made a judgment on a property service contract dispute case in which an owner sued and asked a property company to assist in the installation of charging piles. The property company should assist the owner in the installation of charging piles and provide supporting materials that allow the installation of charging piles. Yu, the owner of a community in Hefei, bought an underground parking space in the community. In November 2020, Mr. Yu bought a small electric vehicle. When communicating with the power department about the installation of charging piles, the power department informed him that the installation of charging piles needed to provide proof materials that the property company allowed the construction of charging piles. For this reason, Mr. Yu communicated with the property company for many times, and was refused and then sued to the court. During the trial, the property company argued that, first, it had no right to decide to agree with Yu to install charging piles in the underground garage. The installation of charging piles involves the use load, power safety, fire safety, civil air defense efficiency of the distribution box in the community, and may affect the rights and interests of other owners and public safety. It is a major matter that should be jointly decided by the owners, and the property management company has no right to decide on it. Second, it is not a contractual or legal obligation of the property company to issue a construction permit. There is no such contract between the property company and Yu. The notice on accelerating the construction of electric vehicle charging infrastructure in residential areas and the implementation opinions of Hefei Municipal People's Government on accelerating the development of new energy vehicle industry are only normative documents, not laws and administrative regulations. In terms of content, the provisions on property service enterprises are also advocacy, not mandatory. After hearing the case, the court held that civil subjects engaged in civil activities should be conducive to saving resources and protecting the ecological environment. A property company in Anhui, as a property service enterprise in the community involved in the case, formed a property service contract relationship with the owner Yu, and should fulfill the relevant social obligations of the property service enterprise to its owner according to law. New energy vehicles have the advantages of saving fuel and energy, reducing exhaust emissions and protecting the environment, which is in line with the sustainable development strategy of "green, environmental protection and energy conservation" advocated by China. The state vigorously supports and develops new energy vehicles. Mr. Yu has the exclusive right to use the parking space he purchased and has the right to install charging piles for new energy vehicles. In response to the property company's argument that "the charging pile involves the power safety of the community", the court held that according to the provisions of "improving infrastructure" in Item 7 of the "implementation opinions of Hefei Municipal People's Government on accelerating the development of new energy vehicle industry", the power supply enterprise is responsible for the construction of the power grid capacity increase project beyond the property right demarcation point; The power grid capacity increase project within the property right demarcation point shall be funded and constructed by the people's Government of each county or city where the community is located and the administrative committee of the development zone. Without the confirmation of professional institutions, the property management unit and the owners' committee of the residential area shall not refuse to install charging piles in the residential area on the grounds of power capacity and safety. Moreover, the consent of the property service enterprise to the owner to install the charging pile does not mean that the property service enterprise can relax and give up the management, nor does it mean that the owner, user and other relevant stakeholders of the charging pile can improperly use and give up the management, maintenance and other responsibilities of the charging pile. In response to the property company's argument that "the installation of charging piles is a major matter that should be jointly decided by the owners", the court held that Article 272 of the Civil Code stipulates that the owners have the right to occupy, use, benefit from and dispose of the exclusive parts of their buildings. Yu's parking space belongs to his exclusive property right, not to the common property right of the community owners, and is not a major matter jointly decided by the owners. In response to the argument of the property company that "it is not an obligation under the contract to issue a construction permit certificate", the court held that according to the provisions of paragraph 5 of article 511 of the civil code, if the method of performance is not clear, it shall be performed in a manner conducive to achieving the purpose of the contract. The installation of charging piles is an indispensable equipment for new energy vehicles to achieve the purpose of use. The property company turns away the charging piles of new energy vehicles, which is obviously not conducive to social development and progress and the improvement of people's life happiness. The court ruled that the defendant, a property company in Anhui, should issue proof materials for Yu to allow the installation of charging piles in the parking space of the community within seven days from the effective date of the judgment, and assist Yu to install charging piles. Both the plaintiff and the defendant served the sentence. The judge reminded With the popularity of new energy vehicles, more and more car owners are facing the problem of difficult charging, while property companies lack relevant legal knowledge, and there are not a few who have doubts about the installation of charging piles and cause lawsuits. In this regard, property companies should update their concepts, keep pace with the times, and fully perform their obligations under property service contracts. (outlook new era)

Edit：yubai Responsible editor：sicheng

Source：people‘s court daily

Special statement: if the pictures and texts reproduced or quoted on this site infringe your legitimate rights and interests, please contact this site, and this site will correct and delete them in time. For copyright issues and website cooperation, please contact through outlook new era email：lwxsd@liaowanghn.com

Return to home page Return to list