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The second floor does not pay for the installation of elevators, and wants to take the "overlord ladder" after it is built "! The court ruled →

2024-05-14

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The second floor does not pay for the installation of elevators, and wants to take the "overlord ladder" after it is built "! The court ruled →

A community in Qingyang District, Chengdu City, Sichuan Province

Owner Li Moumou

Refusing to contribute to the cost of installing elevators,

After the elevator was built, it was rejected by other owners.

In anger,

Li Moumou will take other owners to court......

Recently, Chengdu Qingyang Court

A case was concluded due to the installation of elevators in old residential areas.

The resulting cases of disputes over the distinction of ownership of buildings.

The owner refused to invest in the elevator and wanted to use it after it was installed.

Take other owners to court in a fit of rage

As an important livelihood project, the installation of elevators in old residential areas is of great significance to improve the living conditions of residents.

There are 14 households on the 7th floor in a building and a unit in a residential area in Qingyang District of Chengdu. In order to facilitate life, residents negotiate to install elevators,Among them, the plaintiff Li moumou, a resident on the second floor, agreed to install the elevator, but offered not to be responsible for the elevator expenses.After all the residents reached a consensus through consultation, the "Agreement of Owners Related to the Project of Independent Addition of Elevators for Existing Residential Buildings in Qingyang District of Chengdu" was signed, which agreed on the proportion of elevator construction costs shared by each floor on the 1st to 7th floors and the proportion of later maintenance costs, maintenance costs and electricity charges.

Later, Li Moumou and the agency advocate Moumou signed a Supplementary Agreement.It is agreed that the second floor will not be paid for the construction of the elevator and will not enjoy the corresponding government subsidies, but will have the right to use the elevator., according to the proportion of 1.8 after the delivery of the elevator operation of the repair and maintenance costs.

After the installation of the elevator was completed, the rest of the owners asked Li to pay the elevator construction costs. Li refused to pay according to the Supplementary Agreement signed with Zhang. The rest of the owners did not approve the Supplementary Agreement signed by Li and Zhang and decided to stop using the elevator after negotiation.

Li Moumou refused to accept and sued to Chengdu Qingyang Court.

The Court rejected:

contrary to the principle of reciprocity of rights and obligations and equity

After hearing and ascertaining the facts, the Chengdu Qingyang Court held that Li Moumou, a resident on the second floor, did not bear the cost of elevator installation and the claim to confirm his ownership and use of the elevator, which had no factual basis and violated the principle of reciprocity of rights and obligations and fairness,Dismissed.

In this case, in the "Agreement" signed and confirmed by 14 owners of the building unit, including Li Moumou, the agreed construction fund shall be shared at 1.8 on the second floor, and the elevator electricity operation cost and elevator maintenance cost shall be shared at 1.8 on the second floor. Although Li Moumou paid for the construction of the elevator platform and the renovation of the gas pipeline, the cost was for the construction of the platform on the floor where Li Moumou was located and the renovation of the gas pipeline in all Li Moumou's houses,Not elevator construction costs., in the event that it fails to bear the cost of elevator construction in accordance with the Agreement,It is required to confirm that it has the ownership and right to use the elevator, which lacks factual and legal basis, and also violates the principle of reciprocity of rights and obligations and fairness.In addition, although Zhang Moumou and Li Moumou signed the attachment of the relevant agreement, the content of the attachment signed by Zhang Moumou has exceeded the authority of Zhang Moumou as the agent owner. Therefore, the application for the residents on the second floor,The court did not support it.

Source: Chengdu Qingyang District People's Court, Red Star News, the Supreme People's Court

If there is infringement, contact Li delete