The woman lived on the first floor and refused to pay the elevator fee, which made it impossible to install the elevator. Should I pay for it?

If you live on the first floor, you have to pay the elevator fee. The owner of the community where my sister lives turned on the elevators on the 18 floor. The owner lives on the first floor. But when I heard my sister say that the property found this owner, the owner said, "I live on the first floor, and there is no elevator on the first floor, but I pay the elevator fee like other owners." In this case, I will pay more every time. In this regard, the property also said that there is no way.

I have several friends who all live on the first floor, but feel that it is unfair to never take the elevator and pay the elevator fee. However, the property believes that the elevator is shared by everyone, the residents on the first floor also need to pay the elevator fee, and the owners on the first floor have the right to use the elevator. If the low-rise residents refuse to pay the elevator fee on the grounds of using the elevator, then they will have a problem with the owners who have paid the elevator fee, which will only cause contradictions between the two sides.

Back to the question: "The woman refused to pay the elevator fee because she lived on the first floor, and the property took her to court. Should I pay on the first floor? "

1. You have to pay the elevator fee to live on the first floor.

2. In the residential area where we live, the elevator belongs to the owner's public property, and the property has no property right. Only responsible for the safety of the owner's elevator ride and the normal operation and management of the elevator. On the contrary, the owner has the right to use the public elevator in the residential area, and may not refuse to pay the elevator fee on the grounds of giving up his rights.

3. Reasonable, we think that the residents who live on the first floor should pay the elevator fee instead of using the elevator. This is really unfair to the residents on the first floor, but it has no legal support.

4. There is actually a legal basis for charging:

Article 273 of the Civil Code stipulates that: the owner shall enjoy rights and undertake 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.

Article 280 of the Civil Code stipulates that the profits generated by the use of the owner by the construction unit, the property service enterprise or other managers shall be owned by the owner after deducting reasonable expenses.

Article 944 of the Civil Code stipulates that the owner shall pay the property fee to the property service provider as agreed. If the property service provider has provided services in accordance with the agreement and relevant regulations, the owner shall not refuse to pay the property fee on the grounds that he has not accepted or does not need to accept the relevant property services.

If the owner fails to pay the property fee within the time limit in violation of the agreement, the property service provider may urge him to pay it within a reasonable period of time; If the payment is not made within a reasonable period, the property service provider may bring a lawsuit or apply for arbitration. Therefore, the property management company provides elevator cleaning, management, maintenance and other services, and the owner on the first floor cannot refuse to pay the elevator fee.

abstract

Therefore, the elevator belongs to public facilities and equipment, and belongs to all owners. The owner has the right to use the elevator, and can't refuse to pay the elevator fee just because he doesn't use it. Although the owners on the first floor did not use the elevator directly, they also gained benefits and realized their rights through indirect use of the elevator. Some properties in a residential area are free of elevator fees for residents on the first floor, but it is illegal to pay elevator fees, so residents on the first floor should also bear elevator fees like residents on other floors, and it is wrong to refuse to pay them.