The installation of elevators was blocked, and the 4th, 5th and 6th floors sued the first floor. The court ruled that "no obstruction"

After several months of suspension, the elevator installation construction in No.2 residential area of Baimamiao Street, Wenjiang District, Chengdu City started again. If it goes well, it will be completed and put into use soon.

"When the elevator enters the house, there will be no need to climb the stairs any more. Wheelchairs can sit directly into the house." Aunt Li, who lives on the fourth floor, has been looking forward to this day for a long time. "We are 70 or 80 years old. This elevator is just needed. We can't wait."

Aunt Li said that in fact, the elevator should have been put into use a long time ago, but it was repented and obstructed by the residents on the first floor during the construction. For this reason, she and the residents living on the 5th and 6th floors had to file a lawsuit and take the residents on the first floor to court.

The judgment document shows that the lawsuit of Aunt Li and other high-level residents has won the support of the court: the elevator installation is legal and effective, and the residents on the first floor should cooperate. And the recent restart of construction, it is after the court's final judgment.

The Red Star News reporter learned that the lawsuit was the first case of a dispute over adjacent relations caused by the installation of elevators in Chengdu. On April 4, the reporter found some of the original and defendant in the case and restored the focus of the dispute between the two sides behind the case.

Litigation:

Elevator installation construction blocked

High-rise tenants sue 1st floor tenants

No. 2 community of Baimamiao Street was built around 2004. There are two residential buildings with a height of 6 floors. The upper and lower floors are step ladders. "There are many elderly people living in our unit. Because there is no elevator, it is very inconvenient to travel up and down the stairs." Aunt Li, who lives on the 4th floor of Unit 2, said that after learning about the policy of installing elevators in the old courtyard, she especially wanted to install an elevator.

Aunt Li introduced that there were 12 owners in Unit 2. In the early stage of soliciting opinions, they all agreed to install elevators. In November 2019, the opinions on elevator installation were also approved by relevant departments. According to its introduction, since then, the owners have also jointly signed a power of attorney, entrusting an agent to act as an agent for all matters related to the installation of elevators.

After a series of procedures such as drawing design, review, and safety appraisal of the main structure of the unit, on April 24, 2020, the Housing and Urban-Rural Development Bureau of Wenjiang District of Chengdu City officially issued a notice to the construction company of the independent addition of elevators for existing residential buildings.

On May 6, 2020, the elevator company began construction.

↑ Elevator installation construction information.

But soon after the construction, something happened to stop the construction. "The two on the first floor suddenly changed their minds." Aunt Li said, "I had already signed and agreed, but when the construction was carried out, I went back on my word and did not agree. I stopped the construction and did not allow the installation."

The construction was blocked, the elevator installation was difficult to carry out, and the installation contract was in breach of contract. In the case of fruitless communication, Aunt Li and three other residents living on the 5th and 6th floors filed a lawsuit and took the residents on the first floor to court. Residents on the first floor are required to stop obstructing the installation and construction of elevators and continue to perform the contract with the installation of elevators.

The Court:

Elevator installation behavior is legal and effective

1-storey households should cooperate

The Wenjiang District People's Court of Chengdu accepted the lawsuit and heard it in September 2020.

Why stop the construction? As the defendant, the first floor of the two residents in the trial said, for the elevator to add the relevant process did not know, the original consent to sign and not their own signature, while the elevator installation there are affecting lighting, travel convenience and safety, fire evacuation and other unforeseen hidden dangers. The plaintiff did not consult with them on these issues and therefore could not agree to the installation without consensus.

However, for the above-mentioned statement of the first floor residents, the court found out in the investigation that when soliciting the opinions of the owners, he was aware of the situation, and during the publicity of the relevant owner's agreement and elevator installation plan during the elevator addition process, he did not raise any objection, and the statement of "not knowing" could not be established.

The court held that the installation of elevators in the building involved in the case has been approved by the owners who account for more than 2/3 of the total area of the building and more than 2/3 of the total number of people. The installation of elevators has also been publicized in the community, even with the exception of the two defendants on the first floor, it has also met the requirements of two "2/3 or more.

↑ Add elevator publicity.

In addition, the relevant process of installing elevators has also been carried out as required and conforms to the regulations. Therefore, the plaintiff's act of installing elevators is legal and effective, and the defendant should not obstruct the plaintiff's act of installing elevators. As for the hidden dangers that the defendant claimed to have in installing the elevator, the court said it could claim its rights separately.

In the end, the court ruled that the residents on the first floor must stop obstructing and obstructing the elevator installation and construction. The court also stated that the plaintiff and the defendant are neighbors and should create a harmonious, relaxed and courteous living environment in accordance with the spirit of favorable production, convenient life, unity and mutual assistance, fairness and reasonableness.

After the first trial, the defendant appealed against the decision.

In January 2021, the Chengdu Intermediate People's Court held that the court of first instance found that there was nothing improper. The appeal was rejected and the original sentence was upheld.

Plaintiff:

An old man fell upstairs and died.

"We are 70 or 80 years old, and the elevator is just needed"

On April 4, Red Star News reporters came to Baimamiao Street No. 2 Community. The elevator in the residential area has resumed normal construction. At present, the installation of steel frames has been completed and the access platforms on the corresponding floors have also been erected.

↑ Construction site.

"Now because the road at the gate is being renovated and cranes cannot get in, some equipment has not been installed yet and should be installed in another month." Aunt Li, one of the plaintiffs and a resident on the 4th floor, said, "When the elevator enters the house, there will be no need to climb the stairs any more. Wheelchairs can sit directly in the house."

Regarding the installation of the elevator, Aunt Li said: "We are in our seventies and eighties. This elevator is just needed. We can't wait." She said that when she first moved into the community, she was still in good health, and climbing the stairs was not a problem, but as she grew older, her physical quality declined, and going up and down the stairs became a very big problem. "I can't climb the stairs anymore. It's very difficult to get something upstairs."

Aunt Li introduced, not long ago, the community has just had a tragedy. Not long after an elderly man was discharged from the hospital, he fell upstairs and died. "If there were an elevator, such a thing would not happen." Aunt Li said, "When our unit was installed, their unit was also planned. As a result, we encountered something that prevented the construction as soon as we started construction, and their unit stopped when we saw the situation."

Aunt Li said that the difficulties of high-rise residents may be beyond the understanding of low-rise residents. "I don't want any other interests in the community, but this elevator must be needed. This is originally a good policy for the state to solve the problem of us high-rise elderly people going up and down stairs."

Defendant:

Able to understand the needs of high-rise tenants

The interests of low-level households should not be ignored.

"They are old and have high floors and need to install an elevator. We can understand this idea, and it is not completely impossible to support it, but should the interests of low-floor residents be ignored?" For installing elevators, one of the defendants, Mr. Zhou, who lives on the first floor, said.

Mr. Zhou's family lived in the community two years ago. According to its introduction, the reason why it chose the house on the first floor is that there is no elevator in the community and it does not want to climb the stairs. At the same time, when trading again, it will be more valuable than the high floor. "If there is no elevator, the price of the lower floor will definitely be higher. Now that the elevator is installed, the higher floor will appreciate and the lower floor will naturally have an impact." In addition, Mr. Zhou said that the noise and lighting problems generated after the elevator installation should also be faced squarely.

"Neighborhood is really important, and when people get older, we can support you to install elevators, but should you also consider these issues of ours?" Mr. Zhou said, "For example, the subsidy after the elevator is installed, can you also consider the lower floors?"

Mr. Zhou also said that although the policy only requires the consent of the building area and the owner "2/3" or more, can the interests of the other 1/3 be ignored? As for the previous prevention of construction, it said that the core problem was that the high-rise residents easily ignored the interests of the low-rise residents. At the same time, some procedural problems were not clearly communicated with the low-rise residents. "How to carry out the construction, and who will be responsible in case something happens in the future, will start to move."

Lawyer:

Neighborhood should be fully communicated and negotiated

Avoid taking an aggressive approach to confrontation

Zhang Xiaojun, a lawyer from Sichuan Yingji Law Firm, introduced that according to Article 278 of the Civil Code, the application for additional elevators requires the participation of owners with a floor area of more than 2/3 of the exclusive part and more than 2/3 of the number of owners, and the voting is approved by the owners with an area of more than 3/4 of the exclusive part and more than 3/4 of the number of owners participating in the voting.

In this process, it is normal for the owners of each floor to have differences of opinion. When individual owners do not agree to install elevators, they should fully communicate and negotiate with each other based on the principle of good-neighborliness and friendship, and avoid taking excessive methods of confrontation.

Elevator installation can bring convenience to the life of owners living on high floors, but high-rise owners should also fully consider the impact of construction on low-rise residents, as well as the ventilation, lighting, privacy, noise, and building value that may be generated after the elevator is installed. In situations such as damage, on the principle of fairness and reasonableness, corresponding compensation or compensation shall be made to low-rise owners.

If the two parties cannot reach an agreement on compensation or compensation, they can request the relevant administrative department or neighborhood committee to intervene in mediation, or resolve the dispute through judicial channels.