Who should solve it?, Difficulty in Installing Charging Stations Property | Charging Stations | New Energy Vehicles

Release time:Apr 15, 2024 13:12 PM

Recently, Mr. Chen, who lives in Meimei Jiayuan, Chuncheng, Huangdu, found the media because he couldn't install a charging station after purchasing a new energy electric vehicle. According to his statement, in the past, owners of surrounding residential areas could successfully install electric vehicle charging facilities by simply going to the property or neighborhood committee to stamp. The reason why his application was rejected was because seven departments, including the Municipal Transportation Commission, the Development and Reform Commission, and the Housing and Urban Rural Development Commission, jointly issued the "Management Measures for the Construction of Electric Vehicle Charging Facilities in Residential Areas in Shanghai", which stipulated that starting from June 1st this year, the installation of charging piles in the shared parking spaces of all owners must be approved by the owners' meeting or the authorized business committee of the owners' meeting. The affordable housing community where he is located has only been handed over for two years, and the occupancy rate is not high, which has not yet met the statutory standards of the establishment committee.

"Without the business committee, how can we talk about the business committee knocking its seal?" Mr. Chen asked a question. At first glance, he believes that the reason why charging stations cannot be installed is because there is no property committee in the community. In fact, even if a property committee is established in the community, it is impossible to casually stamp the seal - when applying for the installation of charging stations, the community owner must first ensure that they have a property right parking space or have obtained the consent of a certain parking space owner. Only with the authorization of the owner of the property rights parking space can the next steps related to power testing, pipeline emissions, and other troubleshooting work be carried out.

Mr. Chen's residential area is a affordable housing community, and the property rights of parking spaces in such communities are mostly jointly owned by all owners. Therefore, it is necessary for all owners to jointly vote on the management and use of parking spaces in the community. As the executive body of the owners' meeting, the community property committee only decides whether to stamp based on the voting opinions of the owners' meeting, rather than its own decision. It should be noted that once a charging station is installed on a public parking space, the parking space invisibly transforms from a public parking space in the community to a fixed parking space for individual owners. In the case of insufficient allocation of parking spaces, such operations will affect the parking rights of later residents, which in fact violates the public attributes of these parking spaces.

Returning to Mr. Chen's installation of charging stations, as he does not have a private ownership parking space, he needs to install charging stations on public parking spaces, which naturally requires authorization from all owners to be implemented. This requires a owners meeting to be held in the community. In general, when a certain issue is listed as a voting topic for the homeowners meeting, it is necessary to consider the number of homeowners holding the same demands in the community. If it is only the demands of a small number of homeowners, even if the homeowners meeting is held in public, it is difficult to attract more than two-thirds of the homeowners to participate in the decision-making.

Imagine how many people would actively vote in favor of Mr. Chen's installation of a charging station in a public parking spot when other residents of the community received a vote? Therefore, it is reasonable for Mr. Chen to encounter difficulties and inconveniences in applying.

This also reminds me of the controversy surrounding the installation of charging stations in some mature residential areas. Some homeowners first purchase new energy vehicles and then demand the cooperation of the community property committee and property management by stamping the seal. They take the installation of charging piles as a matter of course, and not stamping the seal as intentional trouble. However, in fact, it is precisely their own demands that go beyond the authority of the property committee and property management.

It is worth mentioning that some unreasonable practices have always existed when it comes to parking issues in residential areas. For example, in some communities, after encountering parking difficulties, the public area of the property rights garage is utilized and becomes the default public parking space in the community. Many times, these parked vehicles in public areas can also affect the travel of normal parking space owners and cause neighborhood conflicts. According to the logic of the Property Rights Law, the right to use and interpret the property rights of the community's property rights garage belongs to the owner of the property rights parking space. Considering that the area of the property rights parking space includes the shared area of the public area of the garage, this means that whether vehicles can be parked in the public area needs to be voted on by all property rights parking space owners and cannot be changed arbitrarily due to the parking needs of other owners.

In order to ensure the parking rights of other owners, some residential areas in Shanghai have begun to try to install public charging stations. When individual owners build their own charging stations on public parking spaces in the communities, they promise that the charging stations will be open for sharing with new electric vehicle owners in the future. This model may seem fair, but it also requires a vote from all homeowners, as different communities need to balance the needs of car owners and non car owners based on their respective parking space configurations, and also take into account the proportion of tram and gasoline car owners in the community.

With the increasing number of new energy vehicles, charging stations have become an indispensable infrastructure. The demand for installing charging stations has occurred in different communities, but whether these demands are reasonable should be applied for and evaluated in advance to avoid meaningless debates after purchasing vehicles. In short, installing charging stations in public parking spaces is a brand new test that requires all residents of the community to answer together.

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