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How to break the situation when 4 additional elevators in a residential area in Shanghai are shut down due to the lack of negotiation between cleaning fees and property?

2024-05-14

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How to break the situation when 4 additional elevators in a residential area in Shanghai are shut down due to the lack of negotiation between cleaning fees and property?

 

The source of the picture in this article is Shangguan News.

Almost half a year after taking the long-awaited elevator, the residents of Building 3, Longnan No. 6 Village, Xuhui District, suddenly returned to the days when there was no elevator: the huge contrast made people unable to adapt to it. Mr. Zhang on the fifth floor was climbing the stairs two days ago. Suddenly, his legs and feet were weak and rolled down the stairs on the fourth floor, and he was injured in many places......

The elevator in building 3 was shut down at the end of October on behalf of the construction party. At the same time, the other three elevators in buildings 14, 2 and 4 were shut down in the community. Why did the elevator stop suddenly when it was in good use? The cause of the incident was that the residents failed to negotiate and sign a trusteeship agreement with the property, while the focus of the disagreement was that the residents did not approve of the annual cleaning fee of 2400 yuan charged by the property.

Nowadays, in Shanghai, before the elevators installed in old houses are put into use, it is a regular practice to sign a trusteeship agreement with the property and use the property as the elevator management unit, which is also required by relevant laws and regulations, but the resulting disputes are not uncommon. What is the crux of the contradiction?

There are still three elevators.

On November 27, the reporter came to Longnan six village to understand the situation. Entering the residential area from Xitai North Road and walking south along the north-south passage, you can see that many elevators have been installed on the outside of the 7-storey old buildings on both sides. According to the residents, the community has been pushing for the installation of elevators since 2021. Eight elevators have been successfully installed. Building 2, Building 3, and Building 4, which are located on the southernmost side of the community, have recently completed the installation. Batch.

Longnan Sixth Village has been pushing for the installation of elevators since 2021, and 8 elevators have been successfully installed. Building 2, building 3 and building 4, located on the southernmost side of the residential area, are a batch of buildings that have recently been installed.

The completion nameplate inlaid on the outside of the elevator shell of Building 3 shows that the elevator was completed and accepted in April this year. Entering the corridor, it can be seen from the elevator button device that an elevator is installed with a card reading device above. The elevator is powered on, but the "LED" screen that originally showed the floor lights up with a red prohibition sign. Residents demonstrated live that no matter how they pressed the button, it didn't work.

As-built nameplate inlaid on the outside of the elevator shell for Building 3.

Mr. Li, the leader of Building 3, recalled: On June 8, the elevator began trial operation. "It was originally said that the trial was for a week, but it has been used all the time". On the photos of the interior of the elevator provided by the residents, the green "Special Equipment Use Sign" had been posted at that time. Until October 18, the agent "Qijian" suddenly posted a notification letter at the entrance of the door building, claiming that the elevator has been in use for 5 months, but so far there is no trusteeship unit responsible for operation, maintenance and management, and the elevator operation There is a greater safety risk, so the operation of the elevator will be stopped from October 30.

The picture shows a notification letter posted by "Qijian" on behalf of the construction party on October 18, informing residents that the elevator will be stopped.

Of the 8 additional elevators in the community, "Qijian" has built a total of 7. On October 31, four of the elevators, including Building 3, lit red lights together. Already used to the elevator, back to the days of climbing the stairs, the residents are very painful. "The 86-year-old father has not been able to go downstairs for almost a month." "There is a disabled person in the family and he cannot go out without an elevator." On the afternoon of the 27th, residents of Building 3 gathered around reporters to complain.

Back to the days of climbing stairs, the residents are very painful.

The so-called "trusteeship" means that after the completion of the elevator installation, the residential property or the market professional unit is entrusted to manage the elevator. Mr. Qian, the head of the building of Building 4, showed a fee schedule provided by the property, agreeing that the property will charge fees ranging from 11364 yuan to 14258 yuan per year for hosting elevators, including three major categories: use management fees, maintenance fees and daily operation fees. "Everyone agrees with other expenses, but we cannot accept the annual cleaning fee of 2400 yuan in the management fee," the leaders of several building groups said in unison.

Mr. Qian, the head of the building of Building 4, presented the fee schedule provided by the property. The annual cleaning fee of 2400 yuan in the use management fee is the focus of the dispute between the two parties.

The cleaning fee of 2400 yuan is shared among 10 households in the building, each with a monthly 20 yuan. "We are an old community, and the property fee is 69 yuan a month per household, of which the cleaning fee is only 5 yuan. Is it reasonable to charge 20 yuan if there are more elevators?" "There is no service commitment. Why should we charge such a high cleaning fee?" Residents have their own reasons for not accepting the cleaning fee.

For several months, the residents and the property have not been able to negotiate the cleaning fee, and the trusteeship can only be shelved. In addition to safety considerations, the direct reason that led the agent to shut down the elevator was the delay in signing the custody agreement, and the agent could not get the 280000 yuan subsidy from the government that had advanced in advance for the installation of the elevator.

During the stalemate, on November 25, the residents of Building 2 stopped living and signed an agreement to reopen the elevator. Residents of buildings 3, 4 and 14 said they would stick to it and ask for an explanation.

There is a guide price, but can't you negotiate?

The installed elevator should be put into operation, and the property is a "hurdle" that cannot be bypassed ". The "Shanghai Elevator Safety Management Measures" implemented on May 1 this year clarified that after the transfer of elevators in existing multi-storey residential buildings, property or professional units must be entrusted as elevator use management units before opening to perform safety management responsibilities for elevators. Before the introduction of the above-mentioned "Management Measures", Shanghai and the district have issued relevant "Guiding Opinions" to solve the operation and maintenance management problems after the completion of the installation of elevators. In actual operation, taking into account the convenience of operation, the guidance issued by many districts in Shanghai clearly stipulates that the residential property should be entrusted as the use and management unit for installing elevators.

How did the 2400 yuan cleaning fee come out? The reporter found Shanghai tiexin property management co., ltd., which manages the residential area. A person in charge explained to the reporter that the charge was determined according to the relevant guidance of Xuhui District, and it was also agreed with the community industry committee. As for the elevators to be installed in the residential area, the property seems a little reluctant: "We are not allowed to participate in the installation, but we have to take care of it after it is built. We are also the 'victims!"

The guiding opinions mentioned by the property refer to the "Guiding Opinions on Operation and Maintenance Management of Elevators for Existing Multi-storey Residential Buildings in Xuhui District" issued by Xuhui District on April 28, 2021. While it is clear that the property must be entrusted as the use and management unit, it is also accompanied by a calculation table of operation and maintenance funds, in which the guiding price of cleaning fee is one year in 2400 yuan, including cleaning of doors and windows, lamps, floors, corridors and other areas.

The figure shows the calculation table of operating funds for the installation of elevators in Xuhui District.

Can this guide price be negotiated? The bottom of the form is specifically marked "for residents and property negotiation reference only". On the other hand, the reporter searched from open channels. Although there are not many clear guidance prices in various districts of Shanghai, the collection standard of cleaning fees can still be viewed from another angle. For example, in the calculation table given by the Hongkou District Housing Security and Housing Administration, the cleaning fee for an elevator is only 1500 yuan per year.

According to the calculation table given by the Hongkou District Housing Security and Housing Administration, the cleaning fee for an elevator is only 1500 yuan per year.

Obviously, compared with the hard expenses of maintenance fees and daily operation fees, the use and management fees entering the property pocket can be negotiated, and there is not a small room for negotiation. In fact, the Longnan Sixth Residents Committee, where the community is located, has repeatedly set up a platform to organize consultations between residents and properties. "Talks started one after another in June, and there must have been 10 times," but the staff of the neighborhood committee told reporters that there was not much progress in the negotiations. During this period, the property proposed to reduce the cleaning fee to 1400 yuan, but at the same time, it proposed to add a new "security officer" in accordance with the above-mentioned "Management Measures". The charge for this security officer is 1000 yuan per unit per month. The conversion is not small, which makes the residents involved in the negotiation very unhappy and thinks that the property has no sincerity in negotiation.

On the other hand, during several negotiations, the neighborhood committee also asked the property to come up with a cost accounting form and a detailed promise of service contents in order to persuade the residents to be willing to pay, but the neighborhood committee said that the property was ignored and "always pushed off with busy work".

Can we talk about it while restoring the normal use of the elevator? The reporter also called Mr. Huang, the project manager of the "Qi Jian" on behalf of the construction side. He refused this request. According to him, in theory, there is no custody agreement, and the elevator cannot get the use certificate. The use certificate of several elevators is already "gone", and the property was issued in advance. Unexpectedly, the agreement could not be signed for a long time. Under the condition of no one to manage, the long-term operation of the elevator had safety risks. "In July, the five-party call cables of several elevators were cut off. As the property did not take over the management, no one found out."

After the elevator turned on the red light, the residents demonstrated on the spot that the button would not work no matter how it was pressed.

The inability to successfully host is already a "pain point" for the ladder"

In the process of accelerating the people's livelihood project of installing elevators in old houses in Shencheng, guiding property service companies to assume the responsibility of installing elevators and providing professional and refined services is a solution to the subsequent "operation and maintenance difficulties" of installing elevators. Initiative. However, in the implementation of this measure, many contradictions have indeed been exposed, which has become a new "pain point" in the ladder project ".

How to deal with it? In the relevant policies issued by Shanghai, the basic principles of the work of adding ladders are "voluntary owners, government support, community consultation, consideration of all parties, compliance with laws and regulations, and safety protection". Therefore, the community consultation mechanism runs through the work of the ladder from beginning to end. On November 27, at the Longnan Sixth Residents Committee, the building team members of several buildings also stated their approved plan: cleaning does not involve the safety of elevator operation, and can be borne by the residents themselves, and the property will no longer charge cleaning fees.

Residents believe that cleaning does not involve the safe operation of the elevator, can be borne by the residents themselves, the property will no longer charge cleaning fees.

Is this approach feasible in practice? Sun Ye, who specializes in property management dispute mediation, introduced that after the completion of the installation of elevators in old residences, the internal cleaning services are not included in the scope of previous property services and can only be negotiated separately, and the relevant guidance price is only a reference and is not mandatory. In the practice of mediation, she has dealt with such disputes, and many of them have finally reached an agreement that the owner of the building who applied for the installation of elevators should clean themselves. She suggested that if the neighborhood committee fails to mediate, it can report to the local streets and towns and invite experts and lawyers to participate in the negotiation and resolution. If the property company still does not actively respond or participate, the local street town can interview the property according to the spirit of the policy document, seek the maximum common divisor of the wishes of both parties, and reach a consensus.

A few days ago, the Longnan Sixth Residents Committee stated that it will continue to try to coordinate the residents and the property to negotiate, and strive to facilitate the signing of the custody agreement as soon as possible.

Source: Shangguan News, Extreme News

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