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The installation of elevators led to neighborhood disputes, and 15 owners sued the residents on the first floor. Who should "give way"?

2024-05-14

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The installation of elevators led to neighborhood disputes, and 15 owners sued the residents on the first floor. Who should "give way"?

  The installation of elevators in old residential areas was originally for the convenience of residents to travel, but in the actual transformation, there were also many voices of opposition to the low floors. Recently, the Shanghai Hongkou Court heard a dispute over the installation of an elevator. The owner of the first floor agreed to install the elevator in advance, but he suddenly went back on his word during the construction and obstructed it in every possible way. Other owners of the same building collectively sued the court and asked the owner of the first floor to remove the obstruction. Should the court support it?

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A residential area in Hongkou District of Shanghai was built in the early 1990 s. With the increase of the age of the house, the age of the residents is also increasing. There are 20 owners in building 8 of the residential area, and more than half of the owners are over 60 years old. With an urgent desire to liberate your feet, in November 2018, under the coordination of the business meeting and the neighborhood committee, all 20 owners of Building 8 reached a preliminary intention to install elevators, and Lao Li, the owner of the first floor, also agreed. After that, the owner of building 8 signed the inquiry form and agreed to install the elevator. except for 4 households who abstained, all agreed that there was no negative vote. Lao Li also signed and agreed.
In May 2019, the community held a general meeting of owners. After voting, more than 2/3 of the owners in the community agreed to install elevators in stages in the unit buildings with mature conditions in the community. One month later, the owner of Building 8 signed the agreement on the allocation of investment costs, operating costs and maintenance costs for the new elevator. Subsequently, after publicity, licensing and other procedures, building 8 officially began to install the elevator construction. However, in December 2019, after the elevator construction began, the owner of the first floor, Lao Li, suddenly repented and blocked the construction by cutting the wires, and the project was forced to stop.
After the shutdown, the neighborhood committee and neighbors upstairs consulted Lao Li one after another, but Lao Li always opposed the installation of elevators. In desperation, other owners of Building 8 filed a class action lawsuit to Shanghai Hongkou Court, requesting the court to rule that Lao Li remove the obstruction and enable the construction party to continue to complete the installation of elevators.,
In the court, other owners of Building 8 said that the owners raised their own funds to add elevators to their residential buildings, and the procedures were legal and compliant, and Lao Li also signed and agreed. However, at the construction stage, Lao Li went back on his word and blocked it many times, resulting in a year and a half. However, the installation of elevators could not continue, affecting the lives of residents on the same floor. Even some elderly people died without waiting for the installation of elevators. Defendant Lao Li made no reply.
After hearing, the court held that the neighboring parties of real estate should correctly handle the neighboring relations in accordance with the principles of favorable production, convenient life, unity and mutual assistance, fairness and reasonableness. If it causes obstruction or loss to the adjacent party, the infringement shall be stopped and the obstruction shall be removed. The addition of elevators to existing multi-storey residential buildings is a practical project implemented by the government to adapt to social and economic development and meet the needs of an aging population. The installation of elevators may have a certain impact on the lighting of the residents on the ground floor, but in line with the principle of convenient life and solidarity, the residents on the ground floor should give other owners the convenience of installing elevators. Besides, Lao Li, as the representative of the owner of the ground floor, initially signed the preliminary intention form and inquiry form for elevator installation, indicating that he agreed to the installation of elevators in building 8. now Lao Li goes back on his word and obstructs it, which also violates the principle of good faith. other owners of building 8 require Lao Li to remove obstacles and should support it according to law. Lao Li was summoned by the court and refused to appear in court without justifiable reasons. The court made the following default judgment in accordance with the law. The defendant Lao Li should immediately stop obstructing the construction of the elevator installation, so that the construction party can continue to implement the elevator installation project.


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