Job Recruitment Website - Property management company - I live on the 1 floor and there is no elevator. If I refuse to pay, I will receive a court summons. Do I have to pay if there is no elevator?
I live on the 1 floor and there is no elevator. If I refuse to pay, I will receive a court summons. Do I have to pay if there is no elevator?
Do I have to pay the elevator fee for living on the first floor? With the development of the city getting better and better, there are more and more buildings, and elevators have become an indispensable tool in daily life. Elevator is a part of the building, which needs electricity to run and daily maintenance and repair. Who will bear these expenses? Residents of the whole building, of course.
Every year or every month, the property will be urged to pay the property fee, including cleaning fee, maintenance fee and management fee. This is the money paid by the owners, and the property helps manage the daily life of the community and improve the environmental quality of the owners.
If there is an elevator in the residential building, the elevator fee is included in the property fee. The general elevator fee includes two parts, one is maintenance fee, and the other is electricity fee.
The residents on the first floor are all low-rise residents and basically do not need elevators. Unless the building has a basement or an open space on the top floor, residents on the first floor need to take the elevator to get there. If the community belongs to an old community without these facilities, do the residents on the first floor need to pay the elevator fee every month without using the elevator?
According to Article 273 of the Civil Code, the owner has rights and obligations to a certain part of the building, and may not give up his rights or fail to perform his obligations.
The elevator belongs to the building owner, so even if the owner on the first floor doesn't take the elevator, he still needs to bear the elevator fee. Among the above problems, the owner refused to pay the elevator fee and was sued by the property. According to the provisions of the civil law, the court will still let you pay as soon as possible.
General owners will sign a contract with the property before moving in. There is an agreement in this contract that "all owners should pay the elevator operation fee". If you sign it, you must fulfill your obligations in accordance with the contract.
The law does not stipulate that the owner of the first floor must pay the elevator fee, but according to the Civil Code, "the owner of the first floor must not give up his rights and fail to perform his obligations", the owner of the first floor needs to bear part of the expenses.
Therefore, the residents on the first floor should pay the elevator fee, and the owners on the first floor with problems should also pay the elevator fee in time, because it is unlikely that both parties will go to the first floor of the court. Unless there is a major problem in the property, the owners can refuse to pay the fee with justified reasons.
How to weigh the elevator fee between the first floor property and the owner? It is understandable that the above-mentioned owners refused to pay the elevator fee. After all, residents on the first floor have to pay the elevator fee without using the elevator, which is unfair to the residents on the first floor. Although the monthly elevator fee is not high, it always makes people feel wronged.
Residents and property on the first floor have disputes over elevator fees every year. Typically, properties are called in writing. If the owner refuses to pay the corresponding property fee without justifiable reasons, the court will support the property to collect the property fee.
The owner and the property are in court, which also proves that the two sides are torn. In fact, this will affect property services. After all, property is a service industry. How to weigh the elevator fee between the property and the first floor owner?
First of all, let's take a look at how the property generally calculates the elevator fee. There are generally many ways to collect elevator fees, such as charging by population, charging by floor or area, and sharing elevator fees.
The elevator charging standard in each community is different, and the property should not be charged rigidly, but can be charged according to the actual situation. For example, the residents on the first floor of the community really can't use the elevator, and the elevator fee for the residents on the first floor can be exempted.
If the residents on the first floor need to take the elevator to the basement, the property can charge less elevator fees according to the actual situation and give preferential treatment to the low-rise residents. A good relationship between the property and the owner will enable the future work to be carried out.
However, there is still one question to consider. The elevator fee for a building is fixed. If the elevator fee is not shared on the first floor, these expenses will need to be shared by other households, which is likely to cause dissatisfaction among other owners.
It is suggested that the property can take the elevator by swiping the card, provide elevator cards for users who pay the elevator fee, or charge according to the number of times they take the elevator, so that whoever takes the elevator can spend money.
Therefore, according to the law, residents on the first floor need to pay the elevator fee, but the property can charge flexibly, and disputes with the property on the first floor can be solved by reducing the elevator fee or issuing elevator cards.
To sum up, the owner on the first floor refused to pay the elevator fee on the grounds of not using the elevator, and the result was taken to court by the property. According to the provisions of the Civil Law, the elevator belongs to * * *, and the residents on the first floor have to pay the elevator fee even if they don't use it.
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