Job Recruitment Website - Property management - Elevator use managers follow the principle of "who owns who is responsible, who * * *.

Elevator use managers follow the principle of "who owns who is responsible, who * * *.

As far as ownership is concerned, there should not be the concept of * * * ownership of all owners in the case that the owner of all owners is not clearly stipulated in the purchase contract. As the owner of the house, all the owners need to clarify the rights and obligations of the buyer and the seller in the transaction process and obtain the consent of all the owners; The ownership of all owners as owners of * * * is not clear in the purchase contract, and the ancillary facilities themselves have the characteristics of defining and transferring all ownership. You can't use the * * * facilities of the house to forcibly impose ownership on the owner. The ownership of the elevator belongs to the construction unit, and the right to use the elevator is the service commitment of the construction unit to the owner. When the house is sold, the ownership of the elevator is not clearly transferred to the owner, and the expenses for the use, maintenance and replacement of the elevator are not clearly borne by the owner. According to the national elevator safety regulations, the ownership of the elevator is transferred to all the owners as the facilities of the house, that is, there is no legal basis and no contractual basis, and all the owners do not have the qualification of using the unit as required by the quality supervision department.

However, the pool area is clearly defined in the housing sales contract. Strictly speaking, the pool area in front of the elevator shaft and door belongs to the owner, including the area of stairs and lobby. There are relevant clauses in the pool area purchase contract.

* * * facilities of the whole building refer to the facilities that are inseparable from the private rights of the house owners, and then the management rights are clearly defined. Such as roofs and eaves. The content that the property right belongs to the owner has been clearly stated in the ownership certificate, that is, the construction area and pool area of the house are clearly stipulated in the commercial housing sales contract. Other facilities that can be defined separately in the community cannot be understood as the same property of the community owner, but the service commitment and corresponding rights and interests of the construction unit to the owner, and the ownership still belongs to the construction unit.

There is an urgent need for legal explanation for the clear definition of housing facilities, which is the fundamental reason for the constant disputes over property management and the different implementation and understanding of policies in various places. Legally speaking, as special safety equipment, elevator manufacturers should provide warranty and life-long maintenance services to construction units, and the construction units should make a commitment to the owners and clarify the use rights and service provision methods of elevators, and the after-sales outlets of production enterprises or entrust third-party units to provide free or paid maintenance services for elevators, so as to fundamentally solve the legal relationship of unclear ownership and use rights of elevators in high-rise buildings, whether from the provision of accessories, technical and safety protection, or from the aspects of reducing costs and unifying powers and responsibilities.

* * * Property rights cannot be defined at will, such as housing distribution. If the current ownership relationship belongs to all owners, then the power sector rents out the owners' houses, and the power supply is paid, which involves the question of whether to charge rent. If the construction cost of the power supply room is included in the service cost to the owner, and the construction unit provides the right to use the power sector free of charge to meet the service commitment to the owner's electricity consumption, the legal relationship will be clear. For elevators, the owner is not concerned about who owns the elevator when buying a house, nor whether to buy it, but whether to provide elevator services according to the existing house price accounting. There is no demand for elevator ownership, only the right to use it. According to the current principle of defining the pool area, the elevator shaft belongs to the owner, and neither the elevator is sold to the owner nor the ownership ratio of the owner is specified in the purchase contract. The understanding of the purchase contract becomes that the commercial housing construction unit uses the building area owned by the owner, and providing the elevator service promised by the owner also involves the rent problem, which will lead to insoluble contradictions in legal practice.