Thewidespread use of electric vehicles is a current trend. However, in recentyears, there have been some cases in which the inhabitant of condominiums havebeen sued by the management committee for installing charging facilities, andthe court eventually ruled that the inhabitant should remove the chargingfacilities[1].What are the legal issues to be aware of when inhabitants install chargingfacilities in a condominium?

Conflictsbetween policies and regulations

Inorder to promote the use of electric vehicles and reduce carbon emissions, thegovernment amended the Construction Technical Regulations in 2019 to requirethat parking spaces in new buildings must have installation spaces reserved forelectric vehicle charging-related equipment and devices. But for buildings existingbefore 2019, if the inhabitants would like to install additional chargingequipment in their parking spaces, they should still comply with the relevantprovisions of the Condominium Administration Act Building AdministrationDivision (hereinafter the “CAA”).

Inhabitantsare not allowed to install charging facilities on their own

Parkingspaces in condominium buildings mostly pertain to "shared areas," andthose that are designated for the use of specific unit owners through statutesare known as "designated private areas." The walls and pillars aroundparking spaces, where charging facilities are often installed, still pertain toshared areas of a condominium.

In theaforementioned dispute regarding the installation of additional chargingequipment, the court held that the installation of additional electric vehiclecharging equipment, such as pipelines and charging piles, on the walls orpillars of a parking lot was an act of using shared areas for installation ofpipelines, which, according to Subparagraph 4 of Paragraph 1 of Article 6 ofthe CAA, should be approved by the management committee (“MC”), otherwise, itwould constitute unauthorized occupation, and the MC could, in accordance withParagraph 3 of Article 6 of the Act, file an action with the court for thenecessary disposal of the equipment. And if an inhabitant adds a charging deviceto a parking space in a designated private area of the building, but thecommunity statute only provides for the parking of vehicles but not theinstallation of a charging device, and the MC has not agree to theinstallation, it is also an act of unauthorized occupancy, and the inhabitantwho has added a charging device shall restore the parking space to its originalstate.

Inaddition, the court also pointed out that the MC's refusal of inhabitants installingcharging equipment or even removal of the charging equipment was for thepurpose of safeguarding the rights of the unit owners, not for the purpose ofharming others, and that the popularization of the public charging stations didnot result in a significant loss in or impedance of the use of electricvehicles, therefore, it did not constitute an abuse of rights.

Communicatingand reaching a consensus is the key

Withrespect to the controversy of installing charging facilities in condominiumbuildings, although the relevant government offices have promoted the amendmentof the law, no amendments have been passed. Therefore, regarding the installationof charging facilities, the biggest challenge lies in obtaining the consent ofthe MC or the Unit Owners Assembly. The author suggests that, when installingcharging facilities, unit owners should communicate with and obtain consensusfrom the MC or Unit Owners Assembly regarding possible concerns or objectionsof other unit owners on issues such as safety, installation fees, maintenancefees and sharing of electricity bills, and keep a record of such communicationor consensus. The MC or Unit Owners Assembly can refer to the "Guidelinesfor Adding Electric Vehicle Charging Facilities in Existing CondominiumBuildings"[2]published by the local government and further formulate "Administrative Measuresfor Adding Electric Vehicle Charging Facilities," so as to provide aguideline for the inhabitants to follow when applying for the installation ofadditional charging facilities.

This article waspublished in the Expert’s Opinion Column in the My Housing magazine.  https://www.myhousing.com.tw/magazine/monthly/column-monthly/158873/

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[1] For example, Taiwan Hsinchu District Court 109-Zhu-Jian-Zi No. 409Civil Judgment, Taiwan Taipei District Court 110-Su-Zi No. 3222 Civil Judgment,Taiwan Taoyuan District Court 110-Su-Zi No. 539 Civil Judgment, Taiwan HighCourt Kaohsiung Branch 111-Shang-Zi No. 132 Civil Judgment.

[2] Forexample, the "Guidelines for Adding Electric Vehicle Charging Facilities inExisting Condominium Buildings in Taichung City" published by the CondominiumAdministration Office of the Taichung City Government Housing DevelopmentDepartment, November 2022, https://thd.taichung.gov.tw/2835876/post (lastviewed Aug. 22, 2023)

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