The elevator in the elevator apartment is broken. Do the residents on the first floor have the obligation to share the maintenance fee?

If your building is broken, you have an obligation. Because the elevator between you belongs to * * * and * * *, you have the obligation to maintain the elevator electricity fee.

Legal analysis

Industry fees and property services are limited to the maintenance of security and cleaning equipment and facilities in public areas; The elevator belongs to the owner, and the damage should be borne by the beneficiary. Among them, the beneficiary refers to the business owner who uses the elevator every day. However, the property security guard has the business of maintaining the public order in the community, and the patrol post is responsible for patrolling the public order in the community 24 hours a day. If the elevator is damaged artificially, the property management company is dereliction of duty and should bear certain responsibilities, and the property management company should compensate. Furthermore, the owner can ask the property management company to use the daily diversified business income for the maintenance of elevator equipment. For example, the daily advertising fees, parking fees and so on of property management companies. Residential elevator is all the equipment and tools owned by the owner and belongs to the owner. According to the regulations, all elevators must be maintained by an elevator maintenance company to ensure that elevator faults are eliminated or solved in time. The property management department is entrusted by the owner to manage the property environment, so the property is responsible for the daily maintenance and management of the elevator. But once the elevator breaks down, the costs involved in replacing parts or large-scale maintenance will be borne by the owner. In fact, when a large sum of money is needed, the owners' committee can use the residential maintenance funds to overhaul or transform the elevator according to the management method of residential special maintenance funds. If the elevator breaks down during the warranty period, who will bear the maintenance costs? If the elevator is damaged due to reasons of use or irresistible factors such as natural disasters, which does not belong to the quality problem of the elevator itself, the elevator user shall be responsible. If the elevator itself has quality problems or the main components are damaged due to improper use, the elevator manufacturer shall be responsible. At the same time, the property rights of elevators belong to all owners, and the maintenance of public facilities and equipment also depends on the relevant agreements on the maintenance of public facilities in the contract signed between the property company and the owners.

legal ground

People's Republic of China (PRC) Civil Code

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.

Article 278 The following matters shall be decided by both owners: (1) Formulating and amending the rules of procedure of the owners' congress; (2) Formulating and amending management regulations; (three) to elect the owners' committee or replace the members of the owners' committee; (four) the selection and dismissal of property services companies or other management personnel; (five) the use of funds for the maintenance of buildings and their ancillary facilities; (six) to raise funds for the maintenance of buildings and their ancillary facilities; (seven) renovation of buildings and their ancillary facilities; (eight) change the use of * * * or use * * to engage in business activities; (nine) other major matters related to the management rights of * * * and * * *. The owners * * * agree that the decision shall be passed by the owners who account for more than two-thirds of the exclusive area and more than two-thirds of the total number. Decisions on matters specified in Items 6 to 8 of the preceding paragraph shall be subject to the consent of the owners and more than 3/4 of the voters who participate in voting on the exclusive part. Other matters specified in the preceding paragraph shall be decided with the consent of more than half of the owners voting, and with the consent of more than half of the owners voting.