The property did not cooperate with the owner to install the charging pile, the court sentenced!

Finally bought an electric car

I want to install a charging pile on the parking space you bought

"Allow construction certificate" is so difficult to open

Property refuses to cooperate with installation

The owner brought the property to the court

recently,

Hefei High -tech Zone Court

Just tried this case together

(Pictures from the Internet)

Property company: No obligation

The owner of a community in Hefei in Yufei purchased an underground parking space in the community. In November 2020, Yu Mou purchased a small electric vehicle. When communicating and installing the charging pile with the power department, the power department informed that the installation of charging piles required the property company to provide certification materials for the construction of the charging pile. Yu Mou communicated with the property company many times and was rejected to the court after being rejected.

During the trial, the property company argued that one, one, had no right to decide to agree to the installation of charging piles in the underground garage. Installing the charging piles involved the use of loads, electricity safety, fire safety, human prevention capacity, and may affect other owners' rights and public safety. It is a major issue that should be jointly determined by the owner. right. Second, a contract agreement or legal obligation that allows construction certificates to be allowed to be a property company is issued. The property company has no such contract agreement with Yu Mou. The "Notice on Accelerating the Construction of Electric Vehicle Charging Infrastructure in Residential Areas" "Implementation Opinions on Accelerating the Development of the New Energy Vehicle Industry" is only a standardized document. The rules of service companies are also advocated, not forced.

Court:

A proof of allowable installation

Assist the owner to install

After hearing, the court believed that civil subjects should be conducive to saving resources and protecting the ecological environment. As a property service enterprise involved in the community involved in the community, an Anhui property company forms a property service contract relationship with the owner Yu, and it shall perform the relevant social obligations of the property service enterprise to the owner in accordance with the law. New energy vehicles have the advantages of saving fuel energy, reducing exhaust emissions, and protecting the environment, and are in line with the sustainable development strategy of "green, environmental protection, and energy conservation" advocated by my country. The country strongly supports and develops new energy vehicles. Yu Mou has the right to use the parking space he purchased, and has the right to install the charging pile of new energy vehicles.

In response to the debate of the property company's "charging pile involved in the community's electricity safety", the court believes that according to the "Implementation Opinions of the People's Government of Hefei City on Accelerating the Development of the New Energy Vehicle Industry", the seventh "improving infrastructure" The power grid increase project outside the power supply enterprise is responsible for the construction; the power grid increase project within the property rights boundary point is responsible for the construction of the people's governments of the counties and cities and the development zone management committee of the districts where the community is located. Without the determination of professional institutions, the property management unit and owner committee of the residential community shall not refuse to install a charging pile in the residential community on the grounds of power capacity and safety. And the property service enterprise agrees that the owner's installation of the charging pile does not mean that the property service company can relax and give up management, and it does not mean that the owners and users of the charging pile can be used inappropriately, give up the management of charging piles, and the management of charging piles, and the charging piles, and Maintenance and other responsibilities.

In response to the property company's "installing and charging piles is a major issue that should be jointly determined by the owner", the court believes that Article 272 of the Civil Code stipulates that the owner enjoys possession, use, benefits, and income of their buildings. The right to punish. Yu Mou's parking space belongs to its own proprietary property rights, and does not belong to the owner of the community owner, and it does not belong to major matters determined by the owner.

In response to the "issuance of allowing construction certificates to allow construction certificates to be allowed to be a contract", the court believes that according to the provisions of Article 511 of the Civil Code, if the implementation method is not clear, in accordance with the way that the contract is conducive to the purpose of the contract, fulfill. Installation of charging piles is an indispensable equipment for new energy vehicles to achieve the purpose of use. The property company refusing to refuse new energy vehicle charging piles, which is obviously not conducive to social development and progress and the happiness of the people's life.

☆ Court judgment ☆

The defendant Anhui property company shall issue certification materials for Yu Mou to install the construction of charging piles in the community within seven days from the date of effectiveness of the judgment and assist Yu Mou to install a charging pile. Both the Paradise and the defendant were convicted.

Judge remind

With the popularization of new energy vehicles, more and more car owners are facing difficulties in charging, and property companies lack relevant legal knowledge. There are not a few of the lawsuits that cause litigation to install charging piles. In this regard, property companies should update their concepts and keep pace with the times to fully fulfill their obligations of property service contracts.

Source: People's Court Newspaper

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