Homeowners May Legally Install Private EV Chargers in Their Parking Spaces; Property Managers Must Cooperate

The Beijing No. 1 Intermediate People's Court recently concluded a case in which a homeowner sued a property management company for refusing to cooperate with the installation of a new-energy vehicle charging station. The homeowner, Mr. Li, had signed a parking management agreement with the property management company, securing the right to use a designated parking space in the residential complex, and subsequently applied to install a private charging station at that spot. The property management company refused to assist, citing the need for approval by the homeowners’ assembly and concerns over safety hazards. The trial court held that installing a charging station constituted a matter requiring collective decision-making by all homeowners and dismissed Mr. Li’s claim. Mr. Li appealed the ruling. The appellate court found that Mr. Li lawfully held the right to use the parking space and that installing a private charging station fell within the scope of reasonable use. It did not amount to a major renovation or reconstruction of common areas and therefore did not require collective homeowner approval. Although public charging stations were available in the complex, they could not adequately substitute for a private station in terms of convenience and cost-effectiveness. Furthermore, the property management company failed to provide evidence demonstrating either homeowner opposition or any violation of applicable safety standards by the proposed installation, and thus bore the adverse consequences of its failure to meet the burden of proof. Ultimately, the appellate court overturned the first-instance judgment and ordered the property management company to issue Mr. Li a written consent for the installation of the charging station and to fulfill its obligations to assist, including conducting on-site inspections and cooperating with construction activities.