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Is it illegal to install ladder control in the community?
1. Is it illegal to install ladder control in the community?
Whether the installation and control of elevators in residential areas are legal or not depends on the specific situation:
1. It is legal for residential property to install elevator elevators with the consent of more than two-thirds of the owners of the residential area and the authorization of qualified elevator manufacturers.
2. If the residential property is equipped with elevator ladder control without the owner's consent, it is illegal, and the owner can bring a lawsuit to the relevant department to request the elevator ladder control to be removed.
Article 38 of the Law of the People's Republic of China on Safety of Special Equipment * * * Special equipment belongs to * * * *, and * * someone may entrust a realty service unit or other manager to manage special equipment, and the trustee shall fulfill the obligations of the user of special equipment as stipulated in this Law and bear corresponding responsibilities. * * * If no one entrusts it, the * * * person or the actual manager shall perform the management obligations and bear corresponding responsibilities.
Second, does the owner bear the cost of elevator maintenance in the community?
The owner is the owner of the elevator and shall bear the relevant obligations for the safe operation of the elevator according to law. The elevator use management unit shall be responsible for the safety of elevator use. Property management is implemented for residential elevators with property rights, and the property service enterprise is the use management unit. This means that the daily operation and maintenance costs of elevators are charged from the property management fees.
If there is no special maintenance fund, the maintenance cost of the elevator in the residential area shall be paid by the owners in proportion; If a property management company uses the sites, facilities and equipment owned by the owners in the residential area for business (advertising), the income belongs to all the owners, and the owners have the right to require the property to disclose the expenditure of this income.
Elevator belongs to public facilities and all owners. Generally speaking, the property management company does not need to bear the cost of overhaul or replacement of elevators in residential areas, and they can't afford it. It is the owner's responsibility that the elevator is broken. After all, the property management company is only hired by the owners. If some owners do not pay attention to themselves and do not take responsibility, the property management company does not need to take responsibility.
civil law
Article 273 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.
When the owner transfers the residential and business premises in the building, part of its * * * ownership and * * * management rights are transferred together.
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.
Third, who is the solution to the community dispute?
Find a property or neighborhood Committee to solve the community dispute. Community disputes can be negotiated in advance. If consultation fails, the residents' committee shall be consulted for mediation. If mediation fails, you should consult the court for prosecution. As a civil dispute, the settlement of community disputes also applies to the dispute settlement methods stipulated in the Civil Procedure Law.
Article 186 of the Civil Code
If one party's breach of contract damages the other party's personal rights and property rights, the injured party has the right to choose to ask it to bear the liability for breach of contract or tort.
Article 186
If one party's breach of contract damages the other party's personal rights and property rights, the injured party has the right to choose to ask it to bear the liability for breach of contract or tort.
Article 233
If the property right is infringed, the obligee can solve it through conciliation, mediation, arbitration and litigation.
The above is what I have compiled for you about whether it is illegal to install elevator control in the community. From this, we know that the installation of elevator monitoring needs the consent of the community owners, and only with the consent of the community owners can it be legally installed. This knowledge is a bit complicated, but it is also very important.
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