Civil Code: The era of installing elevators is coming, some

For elderly people living in old residential areas

 

Can install elevators for easy access to and from the stairs

 

It's an excellent thing

 

And the government is installing elevators in old residential areas

 

There is also a certain level of support

 

But between low floor residents and high-rise residents

 

There will always be times when we can't reach an agreement

There was a lawsuit between the owners of a residential area in a certain place

 

In 2019, the old community solicited opinions on installing elevators, and all the owners involved agreed. In November of the same year, the proposal to install elevators was approved by relevant departments. In April 2020, the District Housing and Urban Rural Development Bureau issued a notice to the construction company to independently add elevators to existing residential buildings. In May 2020, the construction party began to enter the site for construction.

 

However, two households on the first floor raised objections and prevented the installation of the elevator.

 

The first floor residents claimed that they chose the first floor when buying a house because the community did not have an elevator. The price of a first floor house is much higher than that of a high-rise building. Installing elevators now not only affects the lighting on the first floor, but also leads to a decrease in housing prices.

 

After multiple unsuccessful communications between the four owners upstairs and the two owners on the first floor, they jointly filed a lawsuit, demanding that the first floor owners stop obstructing elevator construction and cooperate to continue fulfilling the elevator installation contract.

 

In September 2020, after trial, the court found that the addition of elevators to the unit in question had obtained the consent of more than two-thirds of the owners' exclusive portion of the total building area and more than two-thirds of the total number of owners, and had gone through a series of procedures such as publicity, filing, and approval.

 

According to relevant laws and regulations, the procedure for adding elevators is legal and legitimate, and the installation of elevators is in compliance with legal provisions. The first floor residents are required to cease obstructing and obstructing the installation and construction of the elevator.

Legal link

 

Article 278 of the Civil Code

 

The following matters shall be jointly decided by the owners:

 

（1） Develop and modify the rules of procedure for the owners' meeting;

 

（2） Develop and modify management regulations;

 

（3） Election of the Owners' Committee or replacement of members of the Owners' Committee;

 

（4） Selecting and dismissing property service companies or other managers;

 

（5） Use maintenance funds for buildings and their ancillary facilities;

 

（6） Raise funds for the maintenance of buildings and their ancillary facilities;

 

（7） Reconstruction and reconstruction of buildings and their ancillary facilities;

 

（8） Change the purpose of the shared parts or use them for business activities;

 

（9） Other significant matters related to shared and jointly managed rights.

When the owners jointly decide on matters, more than two-thirds of the exclusive area and more than two-thirds of the number of owners shall participate in the voting. The matters specified in items 6 to 8 of the preceding paragraph shall be decided with the consent of more than three-quarters of the owners who participated in the voting of the exclusive portion area and more than three-quarters of the owners who participated in the voting. The decision on other matters mentioned in the preceding paragraph shall be made with the consent of more than half of the owners who participated in the voting on the exclusive area and more than half of the owners who participated in the voting.

 

The promulgation and implementation of the new regulations undoubtedly place greater emphasis on people's interests. As China's first law named after a "code", the Civil Code is also known as the "encyclopedia of social life".

 

In order to avoid stepping on landmines in life, we should learn legal knowledge well. How to learn legal knowledge when you don't need to spend a lot of money to consult a lawyer when encountering problems? I strongly recommend this Civil Code to you

 

From the moment a person is born, they are inseparable from the Civil Code, which comprehensively regulates major and minor issues such as education, employment, marriage, childbirth, buying a car or a house, neighborhood disputes, etc. Only when we understand the law ourselves and have legal awareness, can we pick up the weapon of the law, protect ourselves, protect children, and protect the elderly at home from harm.