The new policy of installing elevators

The new policy of installing elevators:

1. If the provisions of the current Measures for the Administration of Elevator Installation in Residential Buildings are inconsistent with the provisions of Article 278 of the General Principles of Civil Law of People's Republic of China (PRC), the voting ratio of owners installing elevators in existing residential buildings shall comply with the provisions of Article 278 of the General Principles of Civil Law of People's Republic of China (PRC). That is, the owner's application for installing elevators shall be approved by the owners whose exclusive parts account for more than two-thirds of the area and more than two-thirds of the owners, and approved by the owners whose exclusive parts account for more than three-quarters of the area and more than two-thirds of the owners;

2. For the minority residents who do not support cooperation, most residents who are willing should try their best to persuade and persuade. If it is really impossible to coordinate, it can be reported to the community or government functional departments, and the community or government functional departments can mediate or apply to relevant organizations for mediation to urge all owners to agree. For owners who oppose or prevent the installation of elevators, most residents who are willing to install elevators can apply to the people's court for support in installing elevators, remove obstacles, and share the costs according to the proportion of floors. If the judgment is not automatically executed, it may apply to the people's court for compulsory execution;

3. If a few owners demand to stop installing elevators for different reasons, such as so-called influence on ventilation, lighting, potential safety hazards, and depreciation of house prices, the people's court shall do a good job in mediation or reject their claims.

legal ground

People's Republic of China (PRC) Civil Code

Article 281 The maintenance fund of a building and its ancillary facilities belongs to the owner. With the consent of the owner, it can be used for local maintenance, renewal and transformation of elevators, roofs, external walls and barrier-free facilities. The collection and use of maintenance funds for buildings and their ancillary facilities shall be announced regularly.

In case of emergency, if the building and its ancillary facilities need to be repaired, the owners' assembly or the owners' committee may apply for the maintenance funds of the building and its ancillary facilities according to law. Article 274 Roads within a building division belong to the owner, except those belonging to urban roads. The green space within the building division belongs to the owner, except for urban public green space or express personal green space. Other public places, public facilities and property services within the building division are owned by the owner.