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Attribute electric drive
Recently, in order to save economic and time costs, Mr. Zhu, a network car driver who drives an electric car, plans to install charging piles in his own parking space to meet the charging demand. Unexpectedly, the application process was blocked.
I want to install charging piles in my own parking space, but the property refuses to cooperate.
Mr. Zhu, the driver of the network car, wants to install his own charging pile in the parking space rented by the community. To this end, he consulted the power department and was told that the residential property company needed to stamp the "Commitment Letter for Self-use of Low-voltage Charging Piles" for confirmation.
However, the property company refused to stamp Mr. Zhu's parking space on the grounds that it was a lease rather than a property parking space and the charging pile had potential safety hazards. And Mr. Zhu believes that the property company is artificially setting obstacles. Due to fruitless communication for many times, Mr. Zhu sued the property company to the court and asked the court to order the property company to stamp the application materials for installing self-use charging piles.
* * * Parking spaces need the consent of community autonomous organizations, and the court rejected the plaintiff's request.
The court of first instance held that the parking space rented by Mr. Zhu belongs to the parking space in the community, and the consent of the community autonomous organization should be obtained before considering whether the self-use charging pile can be installed in the future.
The court ruled that the property should support cooperation and assist in installation.
Shortly after the judgment of the court of first instance, Mr. Zhu communicated with the community autonomy organization, and the 1-4 Community Property Management Committee issued a written opinion expressing support for Mr. Zhu.
Mr. Zhu appealed, and the court of second instance made a final judgment: the first-instance judgment was revoked, and the residential property company was ordered to support and cooperate with Mr. Zhu to complete the application for installation of self-use charging piles.
In addition, the relevant departmental regulations issued by the national ministries and commissions require property service enterprises to cooperate and provide convenience in the construction of charging facilities, encourage property service enterprises to use public parking spaces to build relatively centralized public charging infrastructure, and provide charging services according to user needs and the authorization of the owners' meeting. It is hoped that the property management company will actively solve the problem of public charging infrastructure construction of new energy vehicles in the community involved.
The judge's statement
The judge hereby reminds owners and property companies that new energy vehicles are new things, which can reduce exhaust emissions and protect the ecological environment. The installation of charging piles can effectively play the use value of new energy vehicles, and the property company should provide necessary assistance. As a long-term lessee of the parking space involved, Mr. Zhu has the right to install self-use charging piles.
As for whether the installation of charging piles will cause security risks, it should not be subjectively determined by the property company, but should be handed over to relevant departments for investigation and management. Therefore, the property management company should provide necessary assistance for the owners to install charging piles, and strengthen the inspection of safety risk points in future work, and exercise the property management right in time to correct and stop it. Relevant stakeholders should also cooperate with the supervision of the property management company.
Legal link
Article 9 of the Civil Code: The principle of ecological civilization Civil subjects should engage in civil activities, which should be conducive to saving resources and protecting the ecological environment.
Article 4 of the Notice on Accelerating the Construction of Electric Vehicle Charging Infrastructure in Residential Areas (No.2065 438+065 438+066 5438+065 438+0) issued by 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 on July 25, 1965 stipulates that the owners' committee (or the management unit authorized by the owners' meeting) agrees in principle and
Article 6 stipulates: Give full play to the positive role of property service enterprises. During the installation of charging infrastructure in residential areas, the realty service enterprise shall cooperate with the owners or the construction units entrusted by them, provide relevant drawings and materials in a timely manner, and actively cooperate and assist in on-site investigation and construction.
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