A neighborhood association does not have the right to prevent a neighbor from installing a charger in their garage. This is the conclusion reached by the Supreme Court, confirming what can already be read in the Horizontal Property Law where this assumption is included. This has been the case of a neighbor from Alicante.
2017. The entire case studied by the Supreme Court has its origins in the last months of 2017. As stated in the rulingat the beginning of September of that year, the owner of an electric car contacts the administrator of his neighborhood community to inform him that he is going to install an electric car charger in his garage.
There begins an exchange of communications in which the property manager maintains that he cannot carry out said installation because he is occupying common areas with the cables pulled for it and asks him to wait for the ordinary meeting to ask the neighbors if they agree with said installation since he can only carry it out if all the neighbors give their approval.
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without permission. It is then that the owner of the electric car tells the administration of the garage’s community of neighbors and its president that he does not need the approval of the neighbors since it is only necessary to inform the community of owners of his intentions.
To do this, remember that in the article 17.5 of the Horizontal Property Law the following is specified:
The installation of an electric vehicle charging point for private use in the building’s parking lot, provided that it is located in an individual parking space, will only require prior communication to the community. The cost of said installation and the corresponding electricity consumption will be assumed entirely by the person or parties directly interested in it.
Therefore, he points out, the installation will be carried out whether the neighborhood community wants it or not. He emphasizes that he will pay the costs in full and that the electricity will be supplied with the service of his home.
The complaint. Once the charging point was installed in December 2017, the ordinary meeting of the neighborhood community decided in February 2018 that the installation is illegal because it is occupying common areas and that for this the owner must receive the approval of the neighbors. They point out that if the installation is not eliminated within two months they will use the appropriate legal measures.
Given this decision, the owner of the electric car denounces the community of neighbors so that the agreement in which the installation of his charging point was discussed is annulled. The defendant neighborhood association requests that it be dismissed and the court of first instance agrees with it, dismissing the lawsuit and ruling that the owner of the electric car has to pay the costs of the trial.
From there, the matter escalates to the Supreme Court. First, the owner appeals the decision and the court of second instance agrees with him, admitting the complaint to be processed and declaring the agreement of the ordinary meeting null and void despite the fact that the community of owners filed an appeal that was dismissed. Then, the community of neighbors files an appeal against the decision of the court of second instance.
The Supreme Court. With all this background, the Supreme Court concludes that the owner has the right to install a charging point in his parking space despite the fact that he has to occupy common areas with perforations and passage of cables, as detailed by the community of neighbors.
In its ruling, the highest judicial body rejects the appeal of the community of owners. They remember that although in article 17 of the Horizontal Property Law there are several points that require the unanimity of the owners to occupy common areas for private purposes, this is not the case in the case of the fifth point in which the installation of charging points is regulated.
Additionally, they explain the following:
(The installation) requires an electrical supply, which can only be obtained through the appropriate conduction, it is obvious that it must necessarily flow through such elements. In other words, the legislator had to necessarily imagine that the wiring would pass through common elements. If, however, it introduced this rule without referring to said circumstance or the agreement of the Community, it is because it considered that this particular action was excluded or outside the decision-making powers of the Community, which could not oppose the practice of installation
Communicate but do not ask permission. As confirmed by experts in horizontal property to Xatakaany resident of a community garage can install a charging point for their electric car even if the neighborhood community objects. Legally, it is only necessary to communicate the intention to do so and comply with the Technical Guide of application of the ITC-BT 52. Special purpose facilities. Infrastructure for recharging electric cars.
When the Madrid College of Administrators was consulted, its advisors recommended complying with the following requirements to avoid problems:
- Prior communication by the requesting owner or neighbor.
- From the meter to the charging point, the line must be installed under approved pipe and along the route agreed upon with the community of owners, and common conduits and boxes cannot be used.
- The pipe pass from the meter room to the garage will be the responsibility of the requesting owner.
- The charging point will be installed on the back wall of the parking space, as centrally as possible and without occupying the flight of the adjacent spaces.
- The owner or neighbor must deliver the installation bulletin to the community of owners.
- Comply with current regulations at all times.
An exception. It occurs in Catalonia and its objective is to facilitate the installation of more than one charging point for electric cars by taking advantage of the implementation of the first plug or, at least, trying to ensure that it has the least impact on the community of owners.
Thus, the owner of the electric car has to notify the community of owners but must present a technical report that can be answered by the rest of the neighbors in 30 days proposing the modifications they consider necessary. If residents prefer this second option, they can vote in its favor in the following two months. If not, the owner has the freedom to install it.
Photo | smart-me AG and Sudheer Salavadi
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