Long-term parking space, 2/3 owners hinder the security electric pile? Xiamen owner won the full record!

In August 2019, Mr. Zhang, who lived in Xiamen, XX, XX New City, bought a Tesla electric car, successfully completed the car successfully in September. At that time, the car had a Tesla’s home exchange charging pile, and Mr. Zhang was installed in the parking space by daily replenishment.

However, when Mr. Zhang puts the application to the property, it has encountered more difficulties and launched a long-term road.

Mr. Zhang has a long-term rental in the underground parking lot in the community and signed a related lease agreement, and the lease is 3 years. The original car owner also supports Mr. Zhang to install charging piles, which has met the national parking request for the registration charging pile, but still encountered the following long-term road:

Ø Key node situation:

1) Submit an application to the power sector, the power sector accepts the installation of the special plant survey in accordance with the electric meter installation, but the repenture of the property will have a safety hazard when the power supply is installed, and the reason for the consent of the excessive owners is not allowed to install.

2) Mr. Zhang, Tesla installation service providers actively meet with the property in the case of the property, the property is refreshing, and the 12345 complaints to maintain its legitimate rights and interests.

3) The property expresses that I hope Mr. Zhang withdraw and verbally install charging piles.

4) However, after the electric meter is installed, the property is once again on the back, no reason is not allowed to install, and then in September-December 2019, the complaints were raised to 12345 multiple times, the complaint record is as follows:

After nearly 2 years of legitimate rights, Mr. Zhang picked up the legal weapon, finally successfully defended his legitimate rights and interests on April 7, 2021, and successfully installed the charging pile in his long-term vehicle.

The state supports new energy development, and the policy installation of personal charging piles is obvious, history will never reverse.

Ø Court criterion support focus:

“Installation of charging piles occupies public regional resources, need two-thirds of owners agree” – how to break?

A: The owner has the right to rationally use the total part of the building, according to Article 72 of the People’s Republic of China: “The owner has the right to share the rights other than the proprietary part of the building, and the obligation should not be performed. Obligation. “The agreement of the owner has a reasonable use of housing shared construction facilities, shared sites, and the rights of shared facilities in this property (ground), whether it is based on legal provisions or owners’ autonomy agreement.

“There is no right to install personal charging piles in the long-term rental position” – how to break?

A: In this case, Mr. Zhang is a legal user of the long-term rental position. Installing charging facilities on the self-owned parking space is the reasonable need for electric vehicles, and the installation of the charging facility involves laying wires, etc., inevitably requires the use of a total part of the building. However, the utilization behavior of plaintiffs is to enhance the use value of its proprietary part and does not affect other owners’ parking spaces, and there is no violation of legal regulatory statutes or harm the legitimate rights and interests of others, so installing charging facilities belongs to a reasonable utilization of a total part.

(2020/01/09 Street Office Secondary Project)

Relevant proof

(2019/09/02 Power Sector Installing the meter and reserved a certain amount of electric meter)

(Mr. Zhang’s parking space and installation environment)

(2020/11/24 first instance court judgment)

(2021/03/31 second instance court judgment)

(Mr. Zhang Live Lease Contract)

Overcome results

(2021/04/07 complete installation, charging pile power photograph)

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