Immediately afterwards, the leader of the People's Committee of Hoang Liet Ward (Hanoi) requested the Management Board of HH Linh Dam Apartment Building "not to refuse to keep electric vehicles".
Must be in accordance with the law
Talking to reporters, Lawyer Truong Anh Tuan - Director of Truong Son Law Firm - said that the management and operation of apartment buildings is decided highest by the apartment building conference. The Board of Directors is the unit representing the conference to issue regulations and manage general activities.
According to Mr. Tuan, the right to manage apartment buildings is a civil right, but any decision that is contrary to the provisions of the law or contrary to social ethics cannot be implemented, or will be opposed by residents.
Lawyer Tuan gave an example, there are apartment buildings that allow residents to raise animals, some places prohibit it; some places allow children to play soccer in the lobby of the building, some places prohibit it, etc. These regulations come from the consensus of residents and are not illegal.
Regarding the legal aspect, lawyer Tuan emphasized: "Before the law, gasoline motorbikes or electric motorbikes, gasoline cars or electric cars were all equal. There is no regulation prohibiting these types of vehicles from being kept in apartment basements".
According to him, if residents approve and the management board find it suitable, they can make a decision based on practical needs. However, to assess the right or wrong, it is necessary to clearly consider whether the decision is in accordance with the law or not.
Banning electric vehicles that may violate sales contracts
From another perspective, lawyer Bui Dinh Ung (Hanoi Bar Association) said that the fact that some apartment buildings ban electric vehicles or electric cars shows signs of violating the agreement in the apartment sale and purchase contract.
"When residents bought a house, they were allowed to park their vehicles in the building's parking area. Cars are purchased in a car dealership, motorbikes are left in the correct design. The issue that needs to be reviewed is whether there is any regulation prohibiting electric vehicles in the sale and purchase contract between the investor and residents? If the contract is not specific, the investor or the management board does not have the right to unilaterally prohibit it," Mr. Ung emphasized.
According to this lawyer, there is no current regulation prohibiting "allowing" electric vehicles in the basement. What needs to be distinguished is the ban on parking is completely different from the ban on charging electric vehicles. Many apartments do not have available infrastructure to charge electric vehicles, so the first priority is to invest in additional infrastructure in accordance with regulations and standards instead of going against the general policy.
In order to remove the above problems, lawyer Bui Dinh Ung suggested that the investor should calculate a design plan or cooperate with an electric vehicle company to install a safe charging stations that meet fire prevention standards.
In addition, adding separate parking - charging areas, at the same time, management agencies need to create conditions for licensing charging stations, promoting the development of electric vehicle infrastructure. Electric vehicle manufacturers also need to have clear technical instructions for users to prevent incidents in all situations.
According to experts, to harmonize the interests of residents, ensure vehicle ownership, and at the same time, in line with the policy of promoting the use of electric vehicles, there needs to be a more synchronous solution instead of "absolutely banning".
