Real estate perspective, from the new energy vehicle charging pile installation dispute to see the property company, the owners of the General Assembly rights and responsibilities.

Case one:Lin Qifen and Shantou Tai 'an Property Management Co., Ltd. Dispute over Property Service Contract (People's Court of longhu district, Shantou City, Guangdong Province [2022] No. 2551, 0507 Minchu, Guangdong Province)

The Court held that:In this case, a property service contract relationship was established between the plaintiff and the defendant. The plaintiff, as the owner of the parking space involved in the case, has the right to install self-use charging pile facilities on the above parking space based on the charging needs of new energy vehicles. The normative documents issued by the relevant state departments have clearly required property service enterprises to cooperate and provide convenience in the installation and construction of residential charging facilities, and refer to the document [2016] No. 1611 of the development and reform energy and the reply of Shantou Power Supply Bureau, the consent form for the installation of new energy vehicle charging piles issued by property service enterprises is a prerequisite for owners to apply for the installation of charging facilities, therefore, the plaintiff requires the defendant to seal the "Consent on the Installation of Charging and Switching Facilities" and cooperate with the plaintiff to handle the case involving the installation of new energy vehicle charging piles in parking spaces. The lawsuit request has factual and legal basis, and this court supports it.

The defendant argued that there was a potential safety hazard in the installation of charging piles in parking spaces involved in the case. The court believes that the defendant did not provide evidence to prove that there is a potential safety hazard in the installation of charging piles in the parking spaces involved in the case, and the defendant's consent to install charging piles is only in the first stage of charging pile installation and construction. The management process of charging infrastructure construction in residential areas shall include six stages: preparation of materials, application for electricity, site investigation, construction, confirmation of electricity connection, operation and maintenance. Whether the installation of charging piles in the parking spaces involved in the case will affect the safety of electricity and fire control shall be subject to professional judgment made by relevant professional departments after on-site investigation. The defendant should not refuse to issue the consent for installation of charging piles on the grounds of potential safety hazards at the stage of material preparation.

Case two:Zhao Xiuming, Foshan Nanhai Haoxin Property Management Co., Ltd. and Other Property Service Contract Disputes (People's Court of Sanshui District, Foshan City, Guangdong Province [2022] No. 6305, 0607 Minchu)

The Court held that:First of all, from the content stipulated in the Management Guidelines, it can be seen that whether it is the installation application stage, the construction stage, the completion acceptance, and the follow-up inspection management, the property service company participates in the whole process and assumes corresponding responsibilities. According to Article 8 and Article 17 of the Management Guidelines, combined with the principle of consistency of rights and responsibilities, the defendant has the right to conduct a substantive review of whether the charging facility project meets the installation conditions, the defendant's obligation to actively cooperate is not equivalent to only giving consent. In this case, the construction area of the fire prevention partition of the underground garage on the first floor where parking space 259 is located is 3818.68 ㎡, which exceeds the requirement of the maximum allowable construction area of 1000 ㎡ for each fire prevention unit of the underground garage stipulated in the 2018 National Technical Standard. Thirdly, the defendant did not agree with the plaintiff's application on the basis of the reply letter issued by the original design unit of Sunac Xiyuan, which was issued by a professional organization. Although the plaintiff did not approve it, it did not provide the opinion of the competent administrative department that it could be installed to refute it. Finally, from the "New Energy Vehicle Charging Facilities Construction and Installation Process" attached to the "Management Guidelines", it can be seen that if the defendant agrees to the plaintiff's installation, it will directly enter the design, construction and other links without the approval of fire protection and other functional departments. Therefore, under the condition that the underground garage of Rongchuang Xiyuan Community does not have the charging equipment installation conditions required by the 2018 National Technical Standards, the defendant does not agree with the plaintiff's application to install charging facilities in its own No. 259 parking space, and there is nothing wrong. Place.

Case three:Case of Dispute over Property Service Contract of Cangzhou Branch of Mi Yumeng and Rong Wanjia Life Service Co., Ltd. (People's Court of Yunhe District, Cangzhou City, Hebei Province [2022] Ji 0903 Min Chu No. 6493)

The Court held that:The Rongsheng Mingdi residential area involved in the case did not reserve the installation of electric vehicle charging piles and corresponding charging facilities during the construction. The plaintiff wants to charge the parking space where he has the right to use. Both the lead wire and the installation of charging facilities should conform to the overall design and planning of the underground garage. This behavior must involve the power wiring and capacity increase of the underground garage, as well as the garage safety, public resource occupation, property service management and other matters, the above matters have involved the common interests of all the owners of the community, and neither the plaintiff nor the defendant has the right to make a decision on their own without the discussion or authorization of the owners' meeting.

Case four:Li Zhenrong, Shenyang Zhenghao Property Management Co., Ltd. and Other Property Service Contract Disputes ([2023] Liao 01 Min Zhong No. 9239)

The Court held that:Because the National Development and Reform Commission, the National Energy Administration, the Ministry of Industry and Information Technology and the Ministry of Housing and Urban-Rural Development jointly issued by the Development and Reform Energy [2016] No. 1611 "Notice on Accelerating the Construction of Electric Vehicle Charging Infrastructure in Residential Areas" Article 4 clearly stipulates, "...... For the behavior or requirements of occupying the property owner of a fixed parking space or long-term lessee (lease period of one year or more) to build charging infrastructure, the owners' committee (or the management unit authorized by the owners' assembly) shall, in principle, agree and provide necessary assistance." It can be seen that the installation of charging infrastructure in residential areas should first obtain the consent of the management unit authorized by the owners' committee or the owners' meeting, and then the property service enterprise should perform the obligation of cooperating or assisting in the installation, that is, the consent of the management unit authorized by the owners' committee or the owners' meeting is the premise for the property service enterprise to perform the obligation of cooperation or assistance. The owners' committee is the statutory body that implements the decisions and resolutions of the owners' meeting. The decisions made by it are legally binding. Its voting procedures and decision results shall be deemed legal and valid if they are not confirmed as invalid according to law. In this case, the appellee submitted the chat record of the work exchange group of the owners' committee involved in the park during the first instance and stamped it with the official seal of the industry committee. the members of the industry committee voted on whether to agree to privately install the electric box and charging pile in the public area of the park. finally, the owners' committee made a decision to "disagree with the installation and require the relevant power departments to dismantle it. Because the premise is that the owners' committee does not agree to install the charging infrastructure, the appellant Li Zhenrong should first obtain the authorization and consent of the owners' committee.

Case Five:Beijing East Asia Times Property Management Co., Ltd. Shenyang Branch and Li Dewen Property Service Contract Dispute (Shenyang Intermediate People's Court of Liaoning Province [2023] Liao 01 Min Zhong No. 1566)

The Court held that:With regard to the appellant's claim that the installation of charging piles requires the consent of the owners' assembly, Article 272 of the Civil Code stipulates that the owners shall have the right to possess, use, gain and dispose of the exclusive parts of their buildings. Article 4 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Disputes over the Distinction of Ownership of Buildings stipulates that the owner shall, based on the reasonable need for the specific use functions of the exclusive parts such as residential and business houses, use the roof and its exclusive The common parts such as the outer wall corresponding to the exclusive part shall not be deemed as infringement. In this case, the installation of charging piles requires the use of common parts due to the laying of wires, etc., which belongs to the building to distinguish the owners to enhance the use value of the exclusive part and the reasonable use of the public part. The appellant also did not submit evidence to prove that the rights and interests of other owners were infringed. Therefore, the court does not support the appellant's claim.

From the judgment point of view of the above case 1. case 2, it can be seen that during the installation of charging infrastructure in residential areas, the authority of the property service companies involved in the normative documents formulated in some areas is in conflict with the "Notice on Accelerating the Construction of Charging Infrastructure for Electric Vehicles in Residential Areas" (hereinafter referred to as the "Notice") jointly formulated by the National Development and Reform Commission and other four ministries. Therefore, our lawyers believe that the annex to the notice has clearly stipulated that the management process of charging infrastructure construction in residential areas includes six stages: preparation of materials, application for electricity use, on-site investigation, construction, confirmation of electricity connection, operation and maintenance, etc. The certification materials issued by the property service company at the stage of preparing materials for agreeing to install charging piles are only a formal review based on the contractual obligations of the property service. Regarding substantive issues such as whether there are installation and construction conditions and implementation plans for charging piles, the relevant departments will follow up in accordance with special working rules and technical standards. If the property company refuses to issue certification materials on the grounds that there are potential safety hazards or do not meet the construction conditions during the material preparation stage, there is not only a certain degree of ultra vires, but also it is difficult to convince the owners of their views from a professional point of view.

Through the judgment point of view of the above cases 3 to 5, it can be seen that there are differences in judicial practice whether the installation of charging piles needs to be examined and approved by the owners' meeting first. Today, with the increasing penetration rate of new energy vehicles and the increasing demand for the installation of household charging piles, each installation needs to be deliberated and decided by the owners' meeting, which not only leads to too many tedious matters, but also adds more uncertainty and burden to the applicant's car purchase and electricity consumption. Therefore, our lawyers tend to think that the owner installs charging facilities on his own property parking space, even if the common part needs to be used due to the distribution of wires, etc., it is also to make better use of his exclusive property parking space, not for profit. Under the premise that there is no evidence that the behavior infringes the common interests of other owners and there is no potential safety hazard in the installation and transformation, it should be regarded as reasonable use, there is no need to be voted by the owners' meeting or to take such issues as minutes of the meeting after a centralized vote, and the same matters will not be voted on again.