Originally, I was happy to buy a new energy vehicle, but unexpectedly, I couldn't charge it in my own parking space! This made Mr. You feel bad. Because the residential property did not cooperate with the issuance of relevant certification materials, the installation of charging piles was delayed again and again... So, does the property company have the obligation to cooperate with the owner to install charging piles? In a fit of rage, Mr. You sued the property company in court for an explanation. The reporter learned from the Guangzhou Baiyun Court today that the case has gone through the first and second trials, and it has been ruled that the property company should assist the owner in handling the charging pile report and issuing a certificate.
The origin of the incident: his own parking space wanted to install charging piles, and the property company refused to cooperate
Mr. You bought a new energy vehicle, considering the convenience of charging, he planned to install charging piles on the parking space he purchased at home, but he did not expect that the application process was blocked.
Mr. You repeatedly applied to the regional power supply bureau for on-site detection, and after the on-site detection by the power supply bureau, he verbally replied that the conditions for installing the charging pile were met, and clarified the proof to be provided for the installation of the personal charging pile, including the proof of use of the parking space, the identity certificate and the property certificate.
As the owner of the vehicle and parking space, Mr. You has complete other certificates, but he has made difficulties in the property certificate. The property company asked Mr. You to find the power supply bureau to issue a certificate of responsibility, promising that if the charging facilities occurred in the future, the power supply bureau would bear full responsibility. Mr. You did not have the right to request the Power Supply Bureau to issue this certificate, so he proposed to the property company that he could issue a letter of commitment to ensure the safety of use after installation and clarify the safety responsibility of charging facilities. However, the property company still refused its application to install charging piles for various safety reasons.
After several fruitless negotiations, Mr. You took the property company to court.
At the scene of the trial, Mr. You believed that according to the spirit of the law and policy documents, the property company should support and cooperate with the construction of charging facilities, and must not obstruct the legal construction needs of charging facilities. In this regard, the property company argued that the installation of charging piles in the parking space involved in the case required the erection of wires connected to the distribution room of another building, and according to the property management regulations, the reconstruction of the ancillary facilities and equipment shared by the owners of the residential area needed to be agreed by the owners of two "three-quarters" (that is, more than three-quarters of the owners of the exclusive part area and more than three-quarters of the owners participating in the voting), and in the case that Mr. You did not obtain the consent of the owners and the property company was not authorized, he did not have the right to issue a certificate of consent to installation, nor did he have the obligation to cooperate with the installation of the charging piles. Moreover, the parking space involved in the case is an underground parking space, charging requires a large load of power supply, there is a large safety hazard, the property company believes that the installation matters should inform all the owners of the community, especially all the owners of the underground garage, and obtain the consent of the owner to install.
Court Judgment: The property company should assist in the issuance of the certificate
The court pointed out that according to the provisions of Item 4 of Article 65 of the Guangzhou Property Management Regulations, the property service provider shall cooperate with the owner and relevant units to do a good job in the installation, maintenance, maintenance and transformation of facilities and equipment related to new energy charging piles.
According to the provisions of the above regulations, the property company, as a property management service in the community, should cooperate with Mr. You to install charging piles for new energy vehicles and facilitate the installation. Therefore, according to Mr. You's application for the installation of new energy vehicle charging piles, the relevant certificate issued by the property company fell within the scope of the content of the performance of the cooperation work, and also belonged to the performance of the obligations of the property management service contract of the community, so the court supported Mr. You's litigation claim.
As for the property company's defense that the installation of charging facilities requires the consent of the owner of the community, because Mr. You, as the owner of the community providing the pre-property management services of the property company, has the right to reasonably use the common part of the building in the community based on reasonable needs without violating laws and regulations, management regulations or harming the legitimate rights and interests of others, the court did not adopt the defense opinion of the property company.
As for the problem raised by the property company that the electricity load may increase after the installation of the charging pile, since the capacitance capacity and cable load involved in the installation of the charging facility should be subject to the investigation results of the power supply enterprise, the property company cannot use the challenge as the basis for refusing to cooperate, so the court also did not accept the property company's defense opinion.
To this end, the Baiyun court ruled according to law: the property company should issue a certificate to Mr. You agreeing to install the charging pile. The property company was not satisfied and filed an appeal, and the Guangzhou Intermediate People's Court rejected the appeal in the second instance and upheld the original judgment.
The judge said: The property company should provide the necessary assistance for the owner to install the charging pile
With the iteration of scientific and technological updates, the demand for property services by community owners continues to grow, and while the property company does a good job in basic services, it also puts forward higher requirements for the property company.
The economic official pointed out that in this case, new energy vehicles are a new thing, which can reduce exhaust emissions, which is conducive to protecting the ecological environment, and the installation of charging piles can effectively play the use value of new energy vehicles, and the property company should provide necessary assistance. As for whether the installation of charging piles will cause safety hazards, it should not be subjectively determined by the property company, but should be handed over to the relevant departments for investigation and control.
Therefore, the property company should provide the necessary assistance for the owner to install the charging pile, and in the future work, it should strengthen the inspection and inspection of safety risk points, protect the property safety of the owner in accordance with the law, strive to improve the quality of property services, and jointly create a safe, orderly, civilized and harmonious living environment.
Legal Knowledge D:
Civil Code of the People's Republic of China
Article 273 [Rights and Obligations of Owners with Respect to Common Parts] Owners shall have rights and bear obligations for common parts other than the exclusive part of a building; they shall not fail to perform their obligations on the grounds of waiving their rights.
When the owner transfers the residential and commercial premises in the building, the co-ownership and co-management rights enjoyed by the owner for the common part are transferred together.
Article 509: [Principles of Contract Performance] The parties shall fully perform their obligations in accordance with the agreement.
The parties shall follow the principle of good faith and perform obligations such as notice, assistance and confidentiality in accordance with the nature, purpose and trading habits of the contract.
In the process of performing the contract, the parties shall avoid wasting resources, polluting the environment and destroying the ecology.
Article 942 [General Obligations of Property Service Providers] Property service providers shall, in accordance with the agreement and the nature of use of the property, properly repair, maintain, clean, green and manage the common parts of the owners in the property service area, maintain the basic order in the property service area, and take reasonable measures to protect the personal and property safety of the owners.
For violations of relevant laws and regulations such as public security, environmental protection, and fire protection in the property service area, the property service provider shall promptly take reasonable measures to stop it, report it to the relevant administrative department and assist in handling it.
Text/Guangzhou Daily, Xinhuacheng Reporter: Charter Correspondent: Yun Faxuan
Photo/ Guangzhou Daily, Xinhuacheng reporter: Charter
Guangzhou Daily New Flower City Editor: Zhang Ying