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Can low-rise residents use elevators without paying for additional elevators? The court ruled.
2024-05-14
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Can low-rise residents use elevators without paying for additional elevators? The court ruled.
In order to facilitate daily travel, many staircase rooms have been equipped with elevators. However, in the process of installing elevators, high-and low-rise residents have different opinions. If the elevator is installed smoothly, can the low-rise residents who have not paid the installation fee use it? No, there are low-rise residents who have gone to the court to ask for an explanation.
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In order to facilitate travel, Chen Laobo and Li Yi, owners of a residential area in Shantou, Guangdong, took the lead in raising funds to carry out the project of adding elevators to the residential area. After the elevator was installed and put into use, Peng Laobo, the owner of the third floor of a building in the community, had conflicts with the owners Chen Laobo and Li Yi.
Peng Laobo asked him to use the elevator because he did not need to share the construction cost according to the provisions of the relevant documents on the addition of elevators in existing houses that "residents on the third floor may not share the cost. Now after the elevator is installed and put into use, he requires to pay the management fee and use the elevator.
In response, Chen Laobo and Li Yi believed that Lao Peng did not participate in the actual capital contribution during the raising stage of the elevator project, so he should pay the elevator construction cost before he could pay the management fee and use the elevator.
After unsuccessful coordination, Peng Laobo angrily sued Chen Laobo and Li Yi to the court, requesting that they be ordered to provide them with elevator access cards and open access rights.
The Shantou Intermediate People's Court held that civil subjects should follow the principle of fairness when engaging in civil activities. "The third floor residents can not share the cost" is not absolutely free of capital contribution, and the funds required for the addition of elevators still need to be negotiated by all owners to determine the sharing ratio. The owner on the same floor as Peng Laobo enjoyed the right to use the additional elevator only on the premise of fulfilling the obligation of capital contribution. Peng Laobo claimed that he had the right to use the additional elevator without paying the consideration and without other justifiable reasons, which violated the principle of fairness.
Therefore, the court did not support Peng Laobo's claim that he had the right to use the additional elevator, and the court ruled to reject Peng Laobo's claim in accordance with the law.
The court pointed out that the installation of elevators in old residential areas is of great significance for the convenience of high-rise residents, especially the elderly. Neighborhood disputes caused by this problem not only involve the rights and interests of residents, but also relate to social harmony and stability.
In this case, the residents who did not share the cost of the elevator addition requested to share the results of the elevator addition. The people's court insisted on the principle of clear consistency of rights and obligations and fairness in civil activities, and explicitly refused to support the judicial position of "rubbing the ladder" free of charge, which demonstrated the rule guidance and value guidance of judicial decisions in social governance, and was of positive significance for maintaining a community environment of unity and mutual assistance and creating harmonious and friendly neighborhood relations.
Source: Guangzhou Daily
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