Civil law provisions on replacing new elevators

Before the entry into force of the Civil Code, as long as the "double 2/3" stipulated in Article 76 of the Property Law is met, the elevator installation project can be declared for implementation. Item (6) of the first paragraph of Article 76 of the Property Law stipulates that "reconstruction and reconstruction of buildings and their ancillary facilities" shall be subject to the consent of the owners whose exclusive parts account for more than two-thirds of the total building area and more than two-thirds of the total number of owners. "The installation of elevators in existing houses obviously belongs to the' reconstruction and reconstruction of buildings and their ancillary facilities' and requires the consent of' double 2/3'. Take a six-story existing house as an example. The unit is 12 proprietary buildings with a total area of1200m2, as long as the proprietary building area reaches 800m2 and the owners and eight owners agree.

202 1, 1, 1 came into effect, which lowered the threshold for owners of "rebuilding and rebuilding buildings and their ancillary facilities" to vote for installing elevators in existing houses.

Similarly, taking the total area of 12 exclusive partial building of a unit of a six-story existing residential building as an example, on the basis of obtaining the consent of the owner and the owners of eight exclusive partial buildings with an area of 800 square meters, as long as it is "agreed by 3/4(600 square meters) owners of the exclusive partial building with an area of 800 square meters and 3/4(6 households) who participated in the voting".

Legal basis:

Article 278 of the Civil Code of People's Republic of China (PRC)

The Owner * * * makes decisions and votes on the following matters through the Owner * * * *:

(a) to formulate and amend 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) the 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.