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Without the consent of the owner to install the elevator credit card system! Court: Dismiss immediately
2024-05-14
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Without the consent of the owner to install the elevator credit card system! Court: Dismiss immediately
The residential area controls the elevator installation and credit card swiping system. The owner, Ms. Hu, felt that the behavior caused inconvenience to her life and the property did not get the consent of more than half of the owners, so she sued the court and asked the property company to lift the elevator control in time. Today, the reporter learned from the people's Court of Jingjiang City, Taizhou, that after the trial, the court held that the use of the ladder control device involved in the case objectively caused a lot of inconvenience to the owners, and its essence was to restrict the actual rights of the owners and require the property to be lifted immediately.
The People's Court of Jingjiang City in Taizhou held that the adoption of elevator control is a restriction on the actual rights of the owners, causing certain inconvenience to the owners' life and travel, and is other major matters related to common and joint management rights. However, up to now, the community has not set up an owners' meeting or an owners' committee, and the plaintiff Ms. Hu does not approve of being told of the existence of elevator control when purchasing a house and signing preliminary property services, the property contract also does not provide for this situation, so the opening of elevator control should be approved by more than half of the owners participating in the voting of the exclusive part of the area and more than half of the owners participating in the voting, and the property company has no evidence to prove that its starting elevator control measures have been approved by the owners.
The court held that Ms. Hu's request to lift the elevator control measures in her building unit had factual and legal basis and should be supported. However, the elevator control measures in other buildings did not impose actual restrictions on Ms. Hu, and Ms. Hu was not an interested party in the elevator control measures in other buildings. Therefore, Ms. Hu's request to lift the elevator control measures in other buildings was rejected.
Source: Elevator Standards and Inspection
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