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The residential area is equipped with elevators, and the owners on the first floor are sued by other owners to stop the construction. The Civil Code stipulates this!

2024-05-14

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The residential area is equipped with elevators, and the owners on the first floor are sued by other owners to stop the construction. The Civil Code stipulates this!

 

For the convenience of travel

Residents of residential area apply for installation of elevator

Low-floor tenants are adamantly opposed

Even the site hinders the construction

How should this be resolved?

Let's get to know ↓

The installation of elevators leads to disputes.

There are 14 households on 7 floors in an old residential unit building in Yueyang Building District, Yueyang City, Hunan Province. The bottom is the overhead floor. There is no elevator, so it is very inconvenient for residents to travel daily. In October 2021, the Yueyang Municipal Government issued relevant documents to comprehensively promote the installation of elevators in existing residential buildings. Residents of the unit building decided to install elevators, but this was strongly opposed by residents on the first floor, Huang and Liao, who believed that the installation of elevators would adversely affect their houses. Other owners submitted relevant materials, and the application for the addition of elevators successfully passed the approval of relevant departments.

On March 18, 2022, the elevator installation project began construction, but the first floor residents Huang, Liao and their families hindered the construction at the site, and the excavators already present had to stop work. In desperation, the owners of the second to seventh floors sued them to the court.

Court: First floor residents should immediately remove nuisance

After hearing, the court held that elevators had not been installed in the residential area involved in the case, and it was inconvenient for residents on the second floor and above to travel, especially for those with older or inconvenient legs and feet. It was reasonable and legitimate for the plaintiff and other owners to request the addition of elevators in order to facilitate travel and improve the quality of living.

The addition of elevators to the houses involved in the case is a matter stipulated in item (VIII) of article 278 of the the People's Republic of China civil code, which shall be jointly decided by the owners and shall be approved by the owners with an area of more than 3/4 and the owners with more than 3/4 voting participants.

In this case, there are a total of 14 owners of the unit building equipped with elevators, and 12 owners whose number and proportion of exclusive part area have reached 6/7 have voted for approval, which is in line with the aforementioned statutory voting ratio, so the vote is legal and valid. After the vote, the plaintiff and other owners went through the approval and filing procedures for the construction of additional elevators in accordance with the law, and the procedures for adding elevators were legal. As for the plaintiff's claim to compensate 9300 yuan for the economic losses caused by the obstruction of work, it was not supported because no relevant evidence was submitted.

The defendant and his family members living on the first floor shall properly handle the adjacent relationship and shall not obstruct the installation of elevators organized by the plaintiff and other owners. If the installation of elevators does have adverse effects on the ventilation, sunshine, lighting, and value depreciation of the defendant's house living on the first floor, the issue of compensation or compensation can be negotiated separately or resolved through legal channels, but this shall not be used as a reason to continue to hinder the installation of elevators. Construction. In the end, the court ruled that the defendant immediately excluded the obstruction and must not affect the elevator installation project.

Judge: Neighborhood should deal with neighboring relations

The essence of adjacent relationship is the extension or restriction of the content of real estate rights. The system is designed to regulate conflicts of interest between rights in adjacent immovable property, to make it clear that one party provides certain facilities to the other and to tolerate the obstruction caused by the facilitation. In the case of conflict of interest, the interests of all parties should be weighed through consultation and judgment should be made in accordance with the principle of "the lesser of the two evils.

In accordance with the rules of procedure and legal procedures, some owners block the installation of elevators on the basis of their own ownership of buildings, which violates the provisions of the Civil Code on the division of ownership of owners' buildings and does not conform to the principle of adjacent relations in the Civil Code.

Article Link

the People's Republic of China Civil Code

Article 278 The following matters shall be jointly decided by the owners:

(I) formulate and amend the rules of procedure of the owners' congress;

(II) formulating and amending management statutes;

(III) electing the owners' committee or changing the members of the owners' committee;

(IV) selecting, hiring and dismissing property service enterprises or other managers;

(V) use of funds for the maintenance of buildings and their ancillary facilities;

(VI) raise funds for the maintenance of buildings and their ancillary facilities;

(VII) alteration and reconstruction of buildings and their ancillary facilities;

(VIII) changing the use of the common parts or using the common parts to engage in business activities;

(IX) other significant matters relating to the right of co-ownership and co-management.

The matters jointly decided by the owners shall be voted on by the owners whose exclusive part accounts for more than 2/3 of the area and the owners whose number accounts for more than 2/3 of the total. Decisions on the matters specified in Items 6 to 8 of the preceding paragraph shall be approved by the owners whose voting area is more than 3/4 and the number of owners whose voting is more than 3/4. Decisions on other matters in the preceding paragraph shall be approved by more than half of the owners of the exclusive part of the voting area and more than half of the number of owners participating in the voting.

Article 288 the neighboring right holders of real estate shall correctly handle the neighboring relations in accordance with the principles of conducive production, convenient life, unity and mutual assistance, fairness and reasonableness.

Article source: CCTV one set, Guangming net

If there is infringement, contact Li delete


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