Legal provisions for charging upstairs

There is no clear stipulation in the law, and the practice is different, including the first floor, some pay less appropriately, and some pay in full.

I am in favor of floor billing, and it is more reasonable to calculate the number of floors per square meter.

Before the promulgation of the Property Law in 2007, it was always difficult for the property and the owner to reach an agreement on whether to pay the elevator fee on the first floor. After the promulgation and implementation of the Property Law, Article 72 of the Property Law clearly stipulates that "the owners shall enjoy rights and assume obligations for the parts other than the exclusive parts of the building; Do not give up rights and fail to fulfill obligations. "

Elevator is one of the supporting facilities of the whole building and belongs to all owners. According to this law, property management companies charge elevator fees to owners, including those on the first floor.

Generally speaking, there are two forms to collect elevator time. Some communities charge by stages, such as one price below the 20th floor and one price above the 20th floor. Some are charged by floor, and the amount of each floor plus a few cents varies.

Article 73 of the Property Law stipulates that, unless otherwise agreed, roads, green spaces, other public places, public facilities and houses for property services within the building division shall be owned by the owners. "In the community, elevators are used for advertising. The advertising revenue of public areas such as walls and the rental expenses of public places will be shared by every owner after the property management fee is removed. The operating income of public * * * areas shall be disclosed to all owners after being audited by audit institutions, and the income shall be returned to the owners.

If there is an underground parking lot in a high-rise residential building, the residents on the first floor have to pay the elevator operation service fee. If there is no underground parking lot in high-rise residential buildings, the residents on the first floor may not pay the elevator operation service fee.

If objective facts prove that they don't use elevators at all, for example, residents on the first floor of high-rise residential buildings without "underground parking lots" or "hanging gardens" don't use elevators objectively in their daily lives, they have the right to ask the property not to pay elevator operation service fees.

In the case of non-government guidance price, the bottom owners can negotiate with the property through the owners' Committee, and the owners' Committee should mediate; If mediation fails, it shall be arbitrated by the price department or settled through litigation.