Who is responsible for the elevator failure?

Legal analysis: the elevator in the residential area is broken, and the property company is generally responsible for maintenance. If there is a serious fault in the elevator, it needs to be overhauled, which needs to be borne by the owner. In this case, the public maintenance fund is generally used.

Legal basis: Article 53 of the Property Management Regulations, the owners of residential properties, non-residential properties in residential quarters or non-residential properties connected with a single residential building structure shall pay special maintenance funds in accordance with relevant state regulations.

Special maintenance funds shall be owned by the owners, and shall be used exclusively for the maintenance, renewal and transformation of property parts and facilities after the expiration of the property warranty period, and shall not be used for other purposes.

Measures for the collection, use and management of special maintenance funds shall be formulated by the construction administrative department of the State Council in conjunction with the finance department of the State Council.

Is the owner paying for the 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 shall be owned by 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.

What is the responsibility of the residential property company?

1, under the leadership of the director of the property management department, specifically exercise the functions of management, supervision and coordination of services.

2, responsible for the management of the company's cleaning, greening, public security, maintenance, reception, return visits and other services.

3, a comprehensive grasp of the use of public facilities and equipment in the region.

4. Coordinate the director to send documents related to property management.

5. Attend the regular meeting of the department chaired by the director, summarize the work of the current month and make plans for the next month.

6. Be responsible for finding unqualified service items in the operation, tracking and verifying them, and handling complaints from operators.

7. Collect valuable property information and make suggestions to promote the development of the company's property management.

8. Be responsible for the reception of the company's business households, and be dignified in appearance, kind in attitude, warm and generous, quick in response and steady in handling affairs.

9, responsible for the business households to handle the occupation, occupancy, decoration procedures.

10, according to the regulations on reception and visit, make a good visit registration, notify the relevant leaders or departments in time when making an appointment by telephone, and report to the relevant leaders or departments before making an appointment for reception for sudden visitors.