Do I have to pay the elevator maintenance fee for living on the first floor?

Do I have to pay the elevator maintenance fee for living on the first floor?

Case hypothesis

Xiaoli bought a house in a high-rise residential area with two elevators, but Xiaoli bought the first floor and hardly needed to take the elevator. When the residential property asked Xiaoli to pay the property fee, Xiaoli felt that the elevator on the first floor was unnecessary, and her property fee should be deducted from the elevator maintenance fee.

So does Xiaoli, who lives on the first floor, need to pay the elevator maintenance fee?

legal ground

Article 273 of the Civil Code: The owner shall enjoy the rights and undertake the obligations for the part other than the exclusive part of the building; You may not fail to perform your obligations on the grounds of giving up your rights.

case analysis

According to the relevant provisions of the Civil Law, Xiaoli needs to pay the elevator maintenance fee like other owners.

The elevator belongs to all owners except the exclusive part of the building. As the owner, Xiaoli has the right to use the elevator and the obligation to maintain it.

But even if Xiaoli doesn't use the elevator, she can't give up maintenance and other related obligations because she gives up the right to use the elevator.