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The installation of elevators in old residential areas should weigh the interests of all parties.
2024-05-14
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The installation of elevators in old residential areas should weigh the interests of all parties.
Abstract: according to news reports, recently, a total of 116 old houses and ladders in three residential areas in Jing'an District of Shanghai have been approved in batches and started construction on the same day. At the same time, a ladder information intelligent system, which relies on information integration and digital application scenarios to realize the whole process of "digital intelligent control", was launched first in the city.
According to news reports, recently, a total of 116 old houses and ladders in three residential areas in Jing'an District of Shanghai have been approved in batches and construction started on the same day. At the same time, a ladder information intelligent system, which relies on information integration and digital application scenarios to realize the whole process of "digital intelligent control", was launched first in the city.
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Every city has a lot of old buildings. These neighborhoods vary in style, but most do not have elevators. With the increasing degree of aging, it is difficult for the elderly to go upstairs and downstairs, which has become the focus of people's livelihood in many cities. However, in the process of installing elevators, there will be problems such as inconsistent opinions of owners, difficult coordination of financing, and inadequate management in the later period. Restricting the replacement of elevators in old residential areas, the key problem is not only the installation cost, but also the different interests of owners living on different floors of the same building.
The progress of installing elevators in old residential areas is relatively slow. The reason is that, on the one hand, the installation of elevators requires the owners to pay for it and determine the proportion of capital contribution. Owners are often dissatisfied with the proportion of capital contribution, resulting in the construction of elevators stranded. On the other hand, most low-level owners are opposed to the installation of elevators. The reason for low-level users to oppose the installation of elevators is also very simple. It is also very convenient to act without elevators. With elevators, ventilation and lighting are affected, noise and dust, the quality of life has gone down.
The difficulty in installing elevators in old buildings is not lack of technology, lack of funds, and the difficulty lies in obtaining the unanimous consent of the owners. In accordance with the provisions of the property Law, the alteration and reconstruction of a building and its ancillary facilities shall be approved by the owners whose exclusive part accounts for more than 2/3 of the total area of the building. Arguably, individual low-level residents do not agree and will not affect the installation of elevators. However, in some places, for the sake of neighborhood harmony, it is required to "obtain the consent of all owners", which is equivalent to giving the low-level owners a "veto"-as long as one low-level owner does not agree, the elevator cannot be installed.
According to the spirit of the "Property Law", property rights are owned by individuals, and it is not allowed to use the clause that the minority is subordinate to the majority, so as to ensure that personal property is not infringed. You can't blame the low-rise residents for vetoing the request to install elevators with one vote, whether from a legal or moral point of view, because the installation of elevators will inevitably affect the property rights of all owners. Previously, the residents of the elevator installation project in Unit 2, Building 1, Yard 14, Minziqian Road, Jinan City, worked out the cost-sharing principle for the installation of elevators, which was that the owners on the second floor of the 1. did not use or pay money. Owners on the third to sixth floors will be shared according to the floors they live in. At present, the project has been approved to enter the construction phase. It is reported that this is the first project approved after the introduction of the policy of installing elevators in Jinan's old residential areas. At this point, the installation of elevators in the old building has a model and demonstration significance.
In the process of renovating and installing elevators in old communities, localities may wish to introduce some reasonable reference compensation models, so that low-level and high-level owners can sit down and negotiate to find a balance of interests. It is very necessary to establish an appropriate benefit compensation mechanism. The party that benefits from the installation of elevators should give appropriate benefit compensation to the damaged party, which is fair.
Article Source: Economic Reference
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