Court Rules Homeowner Can Install EV Charger on Long-Term Parking Spot Without Full Vote

A Beijing resident has won the right to install a private electric vehicle (EV) charging station on a long-term leased parking spot, in a ruling by the First Intermediate People's Court of Beijing. The decision clarifies the rights of property owners versus management companies regarding charging infrastructure.

The case involved a resident who had secured a two-year fixed parking spot and purchased an EV. When the resident sought to install a personal charging pile, the property management company refused, citing the existence of public chargers, the need for a homeowner association vote for additional installations, and potential safety concerns.

The initial court sided with the management company, reasoning that installing a charging station affects shared property and constitutes a major decision requiring a vote by all homeowners, which had not occurred. The resident appealed this decision.

In its review, the appellate court focused on whether installing a private charger was a decision requiring collective approval and if public chargers adequately met the resident's needs. The court found that the resident's exclusive use of the spot for over a year supported the installation as a reasonable extension of their right to use the space. It also noted national and local policies encouraging EV charging infrastructure and requiring management cooperation.

The court overturned the initial ruling, stating that the installation is a limited modification and not a major decision about shared property. It further reasoned that although public chargers exist, they differ in convenience and cost from private ones, and the management company failed to provide evidence of majority opposition or safety issues. The management company has been ordered to issue consent for the installation and cooperate with the process.