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It's too dark! elevator maintenance quotation difference 86 times! The industry committee sued the property!
2024-05-14
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It's too dark! elevator maintenance quotation difference 86 times! The industry committee sued the property!
Recently, due to the dispute between the owner and the property company over the elevator maintenance fee, the elevator failure in Kunming Shipping Garden Community cannot be repaired, and residents can only climb the stairs to go home every day, which makes everyone a little overwhelmed.
Incident: Elevator failure Property requires owners to raise funds for repairs
There are 10 residential buildings in the Shipping Garden community. Not long ago, the elevators of 6 and 10 residential buildings in the community broke down, and residents had to climb the stairs to go home every day.
"Young people are fine, but it is very difficult for the elderly and children. There is no way to guarantee the most basic life." Owners are helpless about this.
On October 20, the residential property company posted a notice in front of the unit, sayingThe elevator failure is caused by damage to parts, which requires maintenance costs of 26000 yuan..
But the residents do not approve of the property company's statement, the communityThe representative of the owner committee invited the elevator manufacturer to the site for inspection and issued the elevator inspection report..
This report shows that the reason for the elevator outage iscompensation chainIf the guide device is missing, if it is urgent to resume the elevator operation,Only need to purchase the compensation chain guide device, and the price of this device is only 300 yuan..
"The person in charge of the Yunnan branch of this elevator company said that the accessories are in stock and the elevator can be operated on the same day after replacement." Community owners committee on behalf of the introduction.
According to the contact information provided by the representative of the owners' committee, the reporter verified with the elevator enterprise that issued the report. The other party said that the failed elevator in the shipping garden community did lack the compensation chain guide device, and it could be restored by purchasing and installing the accessory.
The elevator maintenance price issued by the property company is nearly 86 times different from the price understood by the owners' committee, which makes the community explode.
Survey: Landlord and Property Contradictory
Elevator maintenance price why the difference is so big? Reporters find residential property company. The staff said that the elevator maintenance price is issued by the elevator underwriting unit. The report details the quotation for each accessory, and residents can go to the maintenance unit for verification. "The appraisal report issued by the elevator insurer shows that several parts of the elevator are damaged. After all, this elevator has been in operation for more than 10 years."
The property staff said that due to historical reasons, the community does not have special residential maintenance funds, and the property fee arrears rate is high, and the current arrears amount is as high as more than 1000 million yuan. There are 72 households in this unit, and only 6 households have paid the property fee by the end of this year. After the elevator broke down, the property company had no funds for maintenance and could only post a notice asking the owner to raise funds.
In this regard, the owner of the community said that since the company entered the community in 2015, there has been constant friction between the property personnel and the owner. There are often piles of garbage and elevator damage in the community. Even the outer wall of the community falls off, which is also handled by the owner out of his own pocket.
"The tiles on the stairs will fall off at any time, hurting many pedestrians and neighbors. Later, we pulled the steel wire mesh at our own expense." The owner said that it was for these reasons that everyone refused to pay the property fee. But since then, the service management of the property company has become worse and worse, and the overall environment of the community has become worse and worse, and the two sides have fallen into a cycle of contradictions.
In order to restore the order of the community to normal as soon as possible, in July 2022, with the signature of most owners, the community owners committee passed a resolution, hoping to replace the community property company.
On August 14, 2022, the community industry committee issued a notice to the property company on the time limit for Yunnan Jinhai Property Service Co., Ltd. to withdraw from the property area of the maritime garden community. However, the property company did not recognize the legality of the notice and was not willing to withdraw.
At present, the community owners' committee has taken the community property company to court.
However, the fault elevator maintenance is imminent, while waiting for the court hearing, how to ensure the normal living order of residents?
According to the staff of Yilu Street Office in Guandu District, Kunming City, with the agreement of both parties, the street office will coordinate and invite qualified third-party enterprises to carry out maintenance and verification of the elevator in the near future, and after calculating the maintenance cost, the elevator will be repaired as soon as possible.
Interpretation: Elevator maintenance costs should be charged through special maintenance funds.
There is no residential special maintenance funds, elevator failure, how to repair? Maintenance costs and who should bear? Beijing Haotian (Kunming) law firm lawyer Yao Huirong pointed out that according to the "residential special maintenance funds management approach" the provisions of the second paragraph of Article 3,Shared facilities and equipment, Refers to the ancillary facilities and equipment shared by residential owners or residential owners and relevant non-residential owners in accordance with laws, regulations and housing sales contracts, generally including elevators, antennas, lighting, fire-fighting facilities, green spaces, roads, street lights, ditches, pools, Wells, non-operating car yard garages, public welfare cultural and sports facilities, and houses used for shared facilities and equipment. Therefore, the elevator belongs to the common facility equipment.
According to the second and fourth paragraphs of the third paragraph of Article 11 of the measures for the management of property service charges, the composition of property service costs or property service expenditure includesProperty common partsDaily operation and maintenance costs of common facilities and equipment. The cost of overhaul, medium repair and renewal and renovation of common parts and common facilities and equipment of the property shall be charged through special maintenance funds and shall not be included in the expenditure on property services orCost of property services.
At present, all parties in the shipping community have reached an agreement to invite qualified third-party enterprises to carry out maintenance and verification of faulty elevators. If the calculated maintenance cost is low and only a few hundred yuan can be solved, it belongs to the scope of service of the property company. If the maintenance cost is high, reaching the degree of intermediate repair or overhaul of the elevator, according to the provisions of the "residential special maintenance fund management measures", it must be solved through the residential special maintenance fund.
In this case, the owners' committee shall raise special maintenance funds from the owners in accordance with the law to repair the elevator. Similarly, the maintenance of large-scale shedding of exterior wall tiles also belongs to the maintenance of common parts of residential buildings, and special maintenance funds for residential buildings should also be used. All parties should treat this problem dialectically.
The lawyer said that the owner of the property fee is not a reason for the property company not to act. According to Article 942 of the the People's Republic of China Civil Code, property service providers shall, in accordance with the agreement and the nature of the use of the property, properly repair, maintain, clean, green and manage the common parts of the owners in the property service area, maintain the basic order in the property service area, and take reasonable measures to protect the personal and property safety of the owners. For violations of relevant laws and regulations on public security, environmental protection, and fire protection in the property service area, the property service person shall promptly take reasonable measures to stop, report to the relevant administrative department and assist in handling.
For some owners who default on property fees, the property company may, in accordance with the provisions of Article 944 of the Law, recover the property fees owed by the owners through legal channels.
Article 944 of the the People's Republic of China Civil Code stipulates that the owner shall pay the property fee to the property service person as agreed. If the property service provider has provided services in accordance with the agreement and relevant regulations, the owner shall not refuse to pay the property fee on the grounds that he has not accepted or does not need to accept the relevant services. If the owner fails to pay the property fee within the time limit in violation of the agreement, the property service may urge him to pay within a reasonable period of time; if the reasonable period expires and still fails to pay, the property service may file a lawsuit or apply for arbitration. The property service person shall not take the means of stopping power supply, water supply, heat supply, gas supply, etc. to urge the payment of property fees.
Source: Yunnan Legal News, Elevator Standards and Inspection
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AVIC Elevator Equipment, AVIC Elevator, Elevator Sales, AVIC Elevator Sales, Elevator Maintenance
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