Pay the service fee of 5,000 yuan first?The owner of the Chengdu community installed the charging pile by the property blocking the court to determine the request of the owner

Cover Journalist Song Xiao

The problem of installing charging piles in new energy vehicles has always been frequent. On August 24th, the reporter learned from the Chengdu Hi -tech Court that recently, the court tried the property service contract dispute caused by the installation of charging piles. Nie Mouhe, an owner of a community in Chengdu, caused disputes due to the installation of charging piles. The property company rejected the owner's installation on the grounds of the residential electricity capacity and hidden safety hazards. Essence The court finally judged the request of the owner and could install a charging pile.

How to install a charging pile for new energy vehicles?

The owner and property of the community go to court

On March 7, 2022, Nie bought a new energy vehicle. On the same day, Nie informed the property company in his community to install its own charging piles on its own parking space, and asked the property company to issue the "Install Charging Pile Consent".

But the property company refused to issue an consent. In order to safeguard his legitimate rights and interests, Nie Mo sued the property to the court and asked the property company to issue a certificate of consent to install new energy vehicles on its own parking space.

The property company believes that the first is that the volume of the community is limited. The installation of the charging pile needs to occupy the public resources of the community. Whether or not all owners should vote together and issue the aforementioned proof that it has exceeded the property company authority. Second, because the inspection and maintenance of the facilities, equipment, transformers, etc. of charging piles exceeds the scope of the service scope of the property service contract, it will increase the labor and material costs of the property company. Nie will need to pay an additional service fee of 5,000 yuan, otherwise the property company cannot help assist The installation of self -use charging piles; the third is that there are hidden safety hazards in the charging pile of new energy vehicles.

The dispute between the two parties could not be disputed, and the dispute over the property service contract was also attracted much attention.

Court: The property company should provide necessary assistance to the owner's installation and charging pile

The High -tech Court of High -tech Court held that Nie Mou's self -use charging pile in his own parking space belongs to the building that is distinguished by the building to enhance the proper use value and the reasonable use of the common part, which does not belong to the matters that require the community owners to decide.

Relevant national ministries and relevant departments in Chengdu have issued documents that property service companies have played an active role in the construction of charging facilities. The property company should agree and provide necessary assistance to the owner's application for self -use charging piles on its own parking space. The property company did not have the determination of the professional institution, and the property company was unable to view the owner's installation of the charging pile on the grounds of power capacity and safety hazards.

In addition, the maintenance and security obligations of common facilities and equipment are originally the legal or agreed obligations that the property company should have. In the case of the parties who did not voluntarily reach the value -added service agreement, the property company had no right to pay the owner to pay additional service fees as the prerequisite for the consent to install the certificate.

The high -tech court judged the first instance that the community property company issued a certificate to Nie Mou's self -use charging pile on its own parking space.

What are the precautions for new energy vehicles to install charging piles?

Interpretation: The owner has the right to use its own parking spaces

The judge who tried the case believed that the owner's self -use charging pile in his own parking space usually did not need to be determined by all owners of the community. The owner has the right to use its own parking spaces. The owner's installation of charging piles for new energy vehicles is due to the reasonable needs of better use of its exclusive part of the function. The common parts of community buildings include public power distribution capacity, public pipeline wells, and public bridges.

Article 16, paragraph 2 of the "Sichuan Provincial Property Management Regulations", must be "decided by the owner" to "gradually transform and build parking charging and power exchange facilities". Including the owner's self -use charging pile in its own parking space.

Secondly, property service companies have the obligation to actively cooperate with the owner to install charging piles. Civilists engaged in civil activities should be conducive to saving resources and protecting the ecological environment. Vigorously developing new energy vehicles is of great significance to ensure energy safety, promote energy conservation and emission reduction, and prevent air pollution. The "Notice on Accelerating the Infrastructure of Electric Vehicle Charging Infrastructure" issued by the National Development and Reform Commission, etc., clearly stipulates that the behavior of building a charging infrastructure or a long -term lessee (one year or above) to occupy a fixed parking space property owner or a long -term lessee (one year or more) It is required that the owner committee (or the management unit authorized by the owner's meeting) should agree and provide necessary assistance in principle. The "Implementation Rules for the Implementation of the Management of Electric Vehicle Charging Facilities in Chengdu Residents' Community" also regards the proof of the property service enterprise agreed as one of the materials that must be provided by the business. Property service enterprises shall actively cooperate with applicants who install new energy vehicle charging piles in accordance with relevant regulations. Without the determination of professional institutions, property service companies are unable to view the owners' installation charging piles on the grounds of insufficient electricity capacity and hidden safety hazards.

The maintenance and security obligations of common facilities and equipment are originally the legal or agreed obligations of property service companies. In the construction and use of charging infrastructure, property service enterprises should strengthen safety inspections, actively actions in accordance with the law, regulations, and contracts. When there are hidden safety hazards in the founding of charging piles and related facilities and equipment Effectively protect the lives and property of the owners of the community. In the case of the parties who did not voluntarily reach the value -added service agreement, the property service company had no right to pay the owner to pay additional service fees as the prerequisite for the consent to install the certificate. With the popularization of new energy vehicles, more and more car owners are facing difficulties in charging. Property service enterprises should update their concepts, enhance relevant legal knowledge, fully fulfill the obligations of property service contracts, and strive to become a "booster" for the development of new energy vehicles for new energy vehicles and energy conservation and emission reduction, rather than "block tigers".

Related method explanation:

Article 4 of the "Supreme People's Court on Try to distinguish the ownership dispute cases of the case of ownership disputes" Article 4 The owner is based on the reasonable needs of the exclusive functions such as residential and operating houses. If the corresponding part of the exterior wall, should not be identified as infringement. However, except for the law, regulations, and management rules that harm the legitimate rights and interests of others.

Article 9 of the "People's Republic of China" in Article 9 of the Civil Aponement of the People's Republic of China shall be conducive to saving resources and protecting the ecological environment.

Article 942 of the "People's Republic of China" Article 942 The property service persons shall properly maintain, maintain, clean, green, and operate the property service areas in accordance with the agreement and the nature of the property. The basic order inside takes reasonable measures to protect the owner's personal and property safety. For the violation of laws and security, environmental protection, fire protection and other laws and regulations in the property service area, the property service personnel shall take reasonable measures to stop, report to the relevant administrative department, and assist in handling.

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