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Obstructing the installation of the elevator? The owner of the ground floor is accused! Ground floor lost! 8000 awarded
2024-05-14
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Obstructing the installation of the elevator? The owner of the ground floor is accused! Ground floor lost! 8000 awarded
Adding elevators to multi-storey houses is a practical project promoted by the government to adapt to social and economic development and meet the aging of the population. Due to the owners of different floors, the demand for the installation of elevators is different. In the process of installing elevators, some disputes often occur between the owners of low floors and high floors.
In building m of a residential area in Minhang district of Shanghai, conflicts broke out due to the installation of elevators in the building. In order to ensure the smooth progress of the installation of elevators, the owners of the third to sixth floors of Building M jointly sued the owners of the ground floor, demanding that they stop obstructing the installation of elevators and take responsibility for the shutdown caused before. How to resolve the conflict between the ground floor and other floor owners?
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Ground floor residents obstruct
Suspension of installation of elevator project
In 2021, a community in Minhang District, Shanghai held an owners' meeting. After voting, 2/3 the owners of the community agreed to the elevator installation plan for four buildings in the community. Building M of the community is one of the four buildings.
For the other 11 owners of Building M, this is a long-awaited good thing. They are looking forward to the installation of elevators. However, for the two owners of the ground floor of Building M, this matter is undoubtedly a trouble from the sky. From beginning to end, they firmly opposed the plan to install elevators for the building.
However, as the number of people who agreed to install elevators has reached the legal proportion, even if the owner of the ground floor objected, the installation of elevators in building m still proceeded according to the procedure. Building M has formed an autonomous group for installing elevators. The 11 households who agreed to install the elevator signed a contract with the construction unit to install the elevator. Relevant units have reviewed the installation of elevators and made public announcements. The installation of elevators in Building M seems a foregone conclusion.
However, just when the exploration company entered the residential area for exploration, some owners of the residential area expressed their opposition to the installation of elevators on the spot. Related exploration operations were forced to suspend.
Other owners of Building M believe that the two owners of the ground floor of the building have hindered the smooth progress of the elevator installation project by appearing on the site or expressing opposition in other forms. Therefore, he filed a lawsuit against the adjacent right dispute with the court, asking the court to order the two owners on the ground floor of building m to obstruct the installation of elevators, and at the same time compensate other owners for the economic losses of more than 8000 yuan caused by the delay in the installation of elevators.
Ground Floor Owner:
Expression of objection is a legitimate right
The defendant in this case, the two owners of the ground floor of building m, has another view on the allegations of other owners.
The owner of the ground floor believes that it is his legitimate right to express his opposition to the installation of elevators. At present, there is indeed no consensus on the installation of elevators in the residential area, and other owners have not reached a compensation agreement with the owners of the ground floor, so the construction should not have been promoted. What's more, on the day of exploration, the owners of the two floors of building m were either not on the site or only verbally expressed their opposition on the site. there was no violence hindering the construction. the drilling rig exploration operation was forced to suspend, which had nothing to do with the owners of the two floors of building m.
In addition, the owner of the ground floor of Building M believes that there are still many disputes over the installation of elevators for Building M. First, the ground floor owners believe that the owners who agree to add stairs do not reach the legal proportion. Second, the owners of other floors cannot prove that the installation of elevators will not cause structural damage to the building. Third, most of the young people born in the 1980 s live in the building, and the residents of the building have a low demand for elevators, so it is not necessary to install elevators.
To sum up, the owners of the ground floor of building m believe that for the owners of the ground floor, the installation of elevators will only bring noise, reduce the safety of the house, and affect the lighting, ventilation and housing value of the ground floor. for the owners of the ground floor, it violates the principle of fairness and they have the right to express their opposition.
The Court:
Ground floor owners need to stop obstructing behavior
After hearing, the court of first instance in this case found out that except for the two owners on the ground floor, the other 11 owners of building m have signed and concluded an agreement on the installation of elevators. the residential area to which building m belongs has already held an owners' meeting on the installation of elevators, and the 2/3 owners of the residential area have agreed to the installation of elevators for 4 buildings in the residential area. It is agreed that the number of elevators to be installed is in accordance with the legal proportion.
The court of first instance held that the addition of elevators to multi-storey houses is a practical project implemented by the government to adapt to social and economic development and meet the needs of an aging population. The installation of elevators may have a certain impact on the lighting of the residents on the ground floor, but in line with the principle of convenient life and solidarity, the residents on the ground floor should give other owners the convenience of installing elevators and accept certain restrictions. Therefore, the ground floor owners were ordered to stop obstructing the installation of elevators.
At the same time, although the owners of other floors claimed that the owners of the ground floor should compensate for the losses due to the shutdown, the owners of other floors had no evidence to prove that the actual economic losses had occurred. Therefore, the court of first instance rejected the claim that the owners of the ground floor should compensate for the losses due to the shutdown.
After the verdict of the first instance of this case, the owners of the ground floor of Building M and the owners of other floors refused to accept the verdict and appealed to the Shanghai No. 1 Intermediate People's Court. After trial, the Shanghai No. 1 Intermediate People's Court held that the process of installing elevators in Building M was legal and compliant, and the view that the installation of elevators advocated by the owner of the ground floor was not necessary and had no factual basis, and the court did not accept it. Shanghai No. 1 Intermediate People's Court rejected the appeal of both parties, and the original judgment was upheld in the second instance of this case.
Source: Elevator Standards and Inspection
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