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This issue is also a concern for many people,".I live on the first floor, why should I pay the elevator fee?"In fact, many people have discussed this problem, more is better than less, it is recommended that you still pay the elevator fee honestly.
First of all, is there a legal provision that says that those who live on the first floor do not have to pay the elevator fee? According to Article 72 of the Property Law:The owner has rights and obligations for the common parts of the building other than the exclusive parts; No waiver of rights may be relied upon for failure to perform obligations.
Judging from the provisions of the Property Law, there is no explicit provision that those who live on the first floor do not need to pay the elevator fee, nor do they stipulate that those who live on the first floor must pay the elevator fee. However, it has been clearly stipulated that after the purchase of a house, except for the common part of the exclusive part of the building, the right must be undertaken, and the right must not be waived without performing the obligation. From this provision, it is explained that the elevator belongs to the common part, which means that even if the residents do not use the elevator, they must bear the obligation, and the elevator cost is also within the scope of the share.
Then, from the perspective of property, the developer has sold the area of the common part to the owner when he builds a house, and as long as everyone buys the house, it is equivalent to assuming the building rights of the common part by default. After the property was stationed in the community, in order to live more comfortably and safely in the community, the business naturally had to pay a certain fee to the property. From the perspective of the property, it is not necessary to pay only when you use it, and you will not pay it if you don't use it, as long as the owner has a share of the expenses in the common building, it must be paid every month, which naturally includes the elevator fee
Since you live on the first floor without using the elevator, you also have the right to use the elevator, and since you have the right not to give up your rights and not perform your obligations, you must pay a certain fee to the business to fulfill the rights and obligations of the elevator.
Secondly, from the perspective of the owner, the owner of the first floor uses the elevator rate is indeed very low, this is for sure. However, the owner of the first floor cannot give up his rights because he does not use the elevator relatively little, and refuses to fulfill the obligation of the elevator, which seems to be a little unreasonable?If the owner of the first floor really cares about this elevator fee, you can negotiate with the owner of the community to see if the property can not pay or pay less, if you get the consent of the property, only in this way can you save the elevator fee.
Therefore, it is recommended that the owner of the first floor is dealt with through negotiation, and it is not recommended to take extreme refusal to deal with it, once the matter is big, the property can directly go to the high court and deal with it through the law.
Finally, based on the above analysis, the residents living on the first floor, whether the elevator sharing fee can be paid or not? According to the provisions of the "Property Law", it is certain to pay, but the regulations of each community and each region have changed, and whether to pay or not depends on the property law. In short, there is no clear answer to this question, and the best way is to solve it through negotiation with the property, otherwise it will not be beneficial to everyone to make a big fuss, and peaceful negotiation is the best.
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Even if you live on the first floor of the community, you need to share the elevator fee, but the residents on the first floor pay very little, because they do not have much demand for the use of the elevator.
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I don't think people who live on the first floor of the community need to share the elevator fee, because the people who live on the first floor don't need to use the elevator, and they will suffer.
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Yes, although you don't need to take the elevator to enter and exit the first floor, you can also use it when you go to find a neighbor, so it also needs to be shared.
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Why do I have to pay the elevator fee when I live on the first floor?
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Unless there is an underground garage, it is very unreasonable to pay the elevator fee on the first floor
1. The elevator is different from other public facilities in the community, and the elevator has a specific service object, not all owners.
The first floor doesn't use the elevator at all, why should I pay the elevator fee with other owners? It's like everyone paid for a joint venture to buy a thing, you use it today and tomorrow he uses it, you can use it and you can't use it at all, and since you can't use it, you can't pay for it!
Second, it is wrong to treat the visit as a daily use:
We also have to pay 30 yuan a month for the use of the elevator on the first floor, and the reason given by the property is that no matter what, you must visit the neighbors, and you can't take the stairs 100% upstairs, so you have to pay for the elevator. I wondered! Is it possible that whoever gets on the elevator must pay money?
If outsiders come to visit the door, do you have to charge to get on the elevator?
On the first floor, it is equivalent to the relatives and friends of the family who are visited, and the fee is paid by the family that is visited, and there is no need to pay again at all!
3. It cannot be forcibly expropriated:
Our property also said that no matter what, the electricity used by the elevator is from the whole building, and the residents of this building must share the electricity bill.
If you don't have to pay on the first floor, you don't have to pay for the stairs on the second floor, and you don't have to pay if you want to exercise on the third floor and don't take the elevator, which is messy!
I wondered again, it was their business not to take the elevator on the second and third floors, and what did it have to do with the first floor. If you join the elevator on the upper floor, you can pay it, and this door is home to see the elevator without a glance, why should you charge this elevator fee?
This is completely unreasonable demand, if I want to say that the first floor does not need to pay this elevator fee at all, originally bought the first floor is to be able to go up and down the stairs conveniently, did not take into account the elevator this thing, you now forcibly levy this elevator fee is a thankless move. That's why I might as well discuss it with the first floor!
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Residents on the first floor also need to pay the elevator fee. Because this fee belongs to all owners, the shared area and expenses are calculated in it. So the residents on the first floor are no exception.
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Since the elevator is a public facility, even if you don't use it, you need to pay a maintenance fee. Therefore, no matter what floor you live on, you will need to pay the elevator fee.
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I don't think so, because people on the first floor don't use the elevator at all, so there is no need to pay the elevator fee at all. And there are a lot of people who think so.
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If you become them, you should pay them. If you are still independent and do not accept the corresponding rights, you should not pay them.
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Do you still need to ask, don't need to pay it. He also lost!
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Do the math how much it will cost you to renovate your home
When we buy commercial housing, many people will choose to buy the kind of elevator house, the house with the elevator can make it more convenient for the owner to go up and down the stairs, and it is more time-saving.
How to share the electricity cost of the elevator in the community.
The apportionment of elevator electricity charges in the community is mainly based on two principles, namely, the owner agrees on his own and according to the construction area, and the apportionment principle agreed by the owner himself should give priority to the principle of construction area. Because according to the provisions of China's property law, the cost sharing of the building and its ancillary facilities, the distribution of the income of the fiber concession and other matters, if there is an agreement, it shall be implemented in accordance with the agreement, and if there is no agreement or the agreement is not clear, it shall be determined according to the total area of the building occupied by the exclusive part of the owner.
What expenses of the community do not need to be shared.
1. According to the regulations of China's Price Bureau, the property management units of residential communities need to set up separate meters for their own water and electricity, and their costs need to be borne by the property and cannot be shared with the owners of the community.
2. The maintenance of the green area of the community, the fountain of the community pool, the duty room, the security booth, the festive activities, the publicity and other water and electricity bills also need to be paid by the property management company, and the sales shall not be withdrawn from the owner.
3. The water and electricity costs used in various activities in the community shall also be borne by the property and shall not be shared with the households.
4. The elevator maintenance management fee shall be uniformly paid by the comprehensive service fee of the property management bureau, and shall not be apportioned to the owner, and the property shall not be charged with the water and electricity costs that do not need to be apportioned and the water and electricity costs used by the residents themselves.
What costs do the owners of the community need to share?
1. The public water and electricity charges for corridors, stairs and public facilities in the public area of the community shall be reasonably shared by the residents of this floor.
2. The cost of street lamps within the community shall be reasonably shared by all residents in the community.
Enter the area and get the decoration for free**].
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Legal analysis: 1. If you live on the first floor, you should pay the elevator fee.
2. The elevator in the community belongs to the public property of the owner, and the property does not have property rights, and is only responsible for the safety of the owner and the normal operation of the elevator.
3. The owner has the right to use the income of the public elevator, and shall not fail to perform the obligation to pay the elevator fee on the grounds of waiver of the right.
Legal basis: Civil Code of the People's Republic of China
Article 273 The owner shall have rights and obligations with respect to the common parts other than the exclusive part of the building; Waiver of rights may not be used as a reason for non-performance. When the owner transfers the residential and business premises in the Jianli Meng Building, he or she shall have the right to co-ownership and joint management of the common part.
Article 282: The income generated by construction units, property management service enterprises, or other managers from the use of the common part of the owners shall belong to the common ownership of the owners after deducting reasonable costs.
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The Property Law of the People's Republic of China (hereinafter referred to as the "Property Law"), Chapter 6 of the Property Law of the People's Republic of China "Differentiated Ownership of the Owner's Building", and Article 70 stipulates that "the owner shall enjoy the ownership of the exclusive parts of the building such as residential and business buildings, and shall enjoy the right of co-ownership and joint management of the common parts other than the exclusive parts".
Owners have the right to co-ownership and co-management of common parts such as public facilities such as elevators and common places such as green spaces. If the elevator is broken and needs to be repaired, or the elevator is scrapped and needs to be replaced, the costs incurred are paid by the maintenance funds paid by the owner, and if the maintenance funds are not enough, the owner needs to share equally.
Article 80 of the Property Law stipulates that "if there is an agreement on the cost sharing and income distribution of the building and its ancillary facilities, the agreement shall be followed; If there is no agreement or the agreement is not clear, it shall be determined according to the proportion of the owner's exclusive part in the total area of the building. ”
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When many people buy commercial housing, in order to make it more convenient for them to travel, they will choose the first floor of the residence, but many owners of the first floor will encounter the situation of being charged by the property for the elevator fee, so do you need to pay the elevator fee on the first floor of the community, the following article will introduce it to you.
China's property law does not stipulate that the first floor must pay the elevator fee, but in real life, the residents on the first floor need to pay the elevator fee, and they cannot refuse for any reason. Because China's property law stipulates that the owner has rights and obligations for the common part of the building and residence, and shall not fail to perform his obligations by waiving his rights.
Therefore, even if the first floor residents do not use the elevator, they should share the cost according to the size of the house. It is best for users on the first floor to negotiate with the property management company and agree to pay less.
What is a strata fee.
The property fee usually refers to the daily maintenance, repair and remediation of the houses, public facilities, common facilities, greening, sanitation, transportation, public security and other projects in the residential community entrusted by the property owner and the user, as well as the fees charged by the property management company to provide various services for the convenience of the community owners.
Under what circumstances the owner is not required to pay the property fee?
1. There are serious defects in the maintenance of public facilities in the community and the sanitation of the community.
2. The responsibility for the management of the property form of the community is not in place, such as failing to prevent the community from illegally building and demolishing load-bearing walls in a timely manner.
3. There are problems with the quality of the housing in the community, and the property has not fulfilled its maintenance obligations.
4. The property company did not disclose the accounts, and the owners of Qinghai had the right to know.
5. Abuse of power by property management companies, such as: entering the owner's residence in the community without permission, implementing power outages, gas outages, water outages and other behaviors against the owners, and using the public venues and facilities of the community to seek improper benefits without authorization.
6. Failure to fulfill due security obligations, resulting in the theft of the property owner's finances or vehicles.
The above is the introduction of the relevant section on whether the first floor of the community needs to pay the elevator fee, hoping to provide some help to the residents on the first floor, so that the big can reasonably negotiate the property fee with the property.
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Summary. Hello, dear, according to the provisions of the Civil Code of China, the owner has rights and obligations for the common parts other than the exclusive part of the building; Waiver of rights may not be used as a reason for non-performance of the corresponding obligations. It can be seen from this legal provision that the elevator is the same as the flowers and trees, street lamps, fountains, etc. in the community, all of which belong to all owners, and the elevator operation service will not be significantly reduced because the residents on the first floor do not take the elevator, so the residents on the first floor should bear the elevator fee like the residents on other floors.
Hello, dear, according to the provisions of the Civil Code of China, the owner has rights and obligations for the common parts other than the exclusive part of the building; Waiver of rights may not be used as a reason for non-performance of the corresponding obligations. It can be seen from this legal provision that the elevator is the same as the flowers and trees, street lamps, fountains, etc. in the community, all of which belong to all owners, and the operation and maintenance costs of the elevator will not be significantly reduced because the residents on the first floor do not take the elevator.
Is there a fee?
It's not that we're going to give up our power, it's that the property is taking away our power.
The first floor is the same as other high-rise charges?
Hello wait. Dear, let you wait for a long time, because the first floor does not use the elevator and will not lose the elevator, and will not affect the life of the elevator itself, so the first floor will be lower than other floors in terms of payment!
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