After applying for makeup, use the elevator to be refused to vote from 32 owners to the court.

After applying for makeup, use the elevator to be refused to vote from 32 owners to the court.

  The old residential installation elevator is convenient for high-rise residents, but the sound of low-rise opposition is the same.If the owner refuses to increase the elevator beforehand, apply for payment and payment after installing the elevator, will the court will support it?A 80-year-old man in Liwan District, Guangzhou, and the opening of the installed elevator did not have funded. Since then, apply for payment of elevator and use the elevator to be rejected, and 32 owners appeal to the court, and the Guangzhou Intermediate People’s Court reviewed the case.

  Wen / Guangzhou Daily Full Media Reporter Wei Lina correspondent Zheng Yuting, Li Huan, Che Li in Liwan District, Guangzhou, has a nine-story residential building, 44 owners.During 2017 to 2018, the owners of the building contended to install elevators.

During the process, Guo, who was nearly eighth-year-old and part of the owners, as a specific engineering program and expense, and the compensation program failed to form a consistent opinion.

  In the end, Xie and other 32 owners agreed to increase the elevator, Guo and other 12 owners held opposition. According to the funding plan, Guo as the three-floor household, this should be funded by 10077 yuan for the installation of the elevator, and Guo has not actually participated in the contribution of the program.

  In June 2018, Xie and other 32 owners were completed in accordance with the financing program, and the construction of the "Construction Engineering Planning License" obtained by the new elevator was obtained. In June 2019, the elevator was completed and delivered, and the 32 owner of the previous participating fundraising was used to use the elevator by brushing the elevator card. After the elevator is put into use, Guo requires the payment of fund-raising costs and uses elevators, but Xie and other 32 owners believe that Guo has led to an engineering delay against the installation elevator, opposing Guo. Guo said to the Guangzhou Liwan District Court, requiring the Court to confirm that after paying 10077 yuan according to the installed elevator funded program, there is an equal rights and obligation to the new elevator and 32 owners.

  After the Tsuen Wan District People’s Court of Guangzhou, the judgment of the trial: Guo pays the increase of elevator fund-ranking bills, and the owner represents the elevator card to use the elevator to use the elevator.

Xie and other 32 owners did not accept the appeal.

  After the second trial of the Guangzhou Intermediate People’s Court, the judgment was dismissed and the original judgment was maintained.

  Does the case focus Guo enjoys the right to use the elevator? Article 271 of the People’s Republic of China (Original "Article 70 of the Property Law) stipulates:" The owner has some power to enjoy the residential, business use rooms such as buildings. A total of foreign parts has a common and joint management. In this case, the use of the elevator will inevitably use the common part of the building, and the case involves the total part of the building from the use attribute. Therefore, in accordance with the foregoing regulations, Guo has the right to jointly manage the elevator to the case.

However, the elevator in the traditional sense refers to an elevator that is built at the same time.

Houses with this traditional meaning elevator, the distribution area in the owners’ origin level generally contains the ladder area of ??the elevator, that is, the owner has a total property right to the elevator in the true sense. In this case, the case involving the elevator of the existing residential addresses. At present, the total object rights of the elevator have not been reflected in the property rights of the owners.

Therefore, in this case, the residential owner only has the right to use the right and common management of the case. Of course, the case involving the elevator is built by the 32 owners of residential buildings, according to the principle of fairness, the premise of using the elevator is to pay the fund-raising.

Therefore, after the elevator is completed, if Guo agrees to pay fund-raising, there is still the right to use the elevator.

  Does Guo need to use the elevator to use most owners? According to the legal and judicial explanation: "Other major matters related to common and joint management rights should be used to share the owners of the whole area of ??the building, the owner of the total area of ??the total area," "" "" "" " With a total of part of business activities, a total of parties, and the owner’s conference decisions or management statutes shall be determined by the owners, and the ‘other major matters’ "" of the above regulations should be identified. " In this case, although the elevator is a total part of the building, it is clear that the elevator is clearly not subject to the "other major matters in common and joint management rights". Therefore, Guo’s use of elevators do not need to have some owners who have a total area of ??more than half of the building in the case, and participate in the owners of the vote.

  Can Xie and other 32 owners refuse Guo to use the elevator? Guo Mou has been in the past eight days, and there is indeed the objective needs of the elevator, and its use case is not "other major matters in common and joint management". It does not lead to other households or owners of the building. The legal rights to use the elevator are damaged, so, Guo is allowed to take the elevator after paying the fund-rated funds, in accordance with the legal and reasonable. Xie and other 32 owners have caused engineering delays in different opinions in elevator installation, although it can be understood, Guo Mou has different opinions in the previous period.

  Such as Xie and other 32 owners believe that Guo hindered the behavior of the elevator to cause losses, as a discipline, but it could not reject Guo to pay the fund-rated funds.

  The judge said that Guo opposes the normal expression of the elevator opinion. It is difficult to reach the power of the elevator, the installation plan, cost assembly, low-rise owners compensation fees, "unveiled" phenomenon There is also more and more installed elevator disputes in the court.

  Although Guo opposed the elevator in the preparation, this belongs to its normal range of its express opinions, and cannot be deprived of him as the owner’s use rights and joint management rights.

  Article 8 of the People’s Republic of China stipulates the principle of "law-abiding and public order".

Guo Mou has been in the third floor, and it is necessary to use the elevator to use the elevator. Guo is willing to pay the corresponding elevator fund capital fund. Morality, there is a violation of harmony, the socialist core values ??of the neighborhood, the law is nothing, and it is unclear. The jurisprints involved in the installation of elevators are complex. There should be more understanding and inclusion between neighbors, adhering to voluntary equality, friendly consultation, and paying attention to the principle of fairness, and jointly follow the corresponding management conventions, assumes management, maintenance, etc. Creating a harmonious and comfortable living environment.