Is it reasonable for the owner of the first floor of the community not to pay the elevator fee ?

The first floor is unreasonable not to pay the elevator fee.

With the development of the economy and the continuous improvement of technology in the construction industry, modern housing has basically become an elevator room. In this way, each building can accommodate more owners, and developers can earn higher incomes. However, people who live in elevator rooms at home may know that as the number of floors in the house increases, so does the demand for elevators.

On the other hand, residents on the ground floor don't seem to need elevators in general. However, it seems that for the residents of the elevator room, everyone has to pay a fee called the "elevator fee", which is used to repair and maintain the normal use of the elevator. Most neighborhoods are treated equally, and users on the ground floor still have to pay.

But for the owner of the first floor who doesn't take the elevator, it's a waste to pay this fee, as if he were a neighbor upstairs. So is it okay for people on the first floor not to pay the elevator fee?

In fact, in many places, the owner of the first floor refuses to pay the elevator fee. This fee is usually charged by the hotel, but if the property is not collected more than once, it is usually only possible to bring the ground floor resident to court. In the end, the law determined that most cases were in favour.

Why? Actually, the property has something to say as well. First of all, the law actually mentions the payment of elevator fees.

According to China's property law, the common part of a residential building is a common part, and all owners of public facilities have the same rights and perform the same obligations. In other words, when buying a home, you have to make sure that you have the same rights as other elevator owners. As for choosing a higher floor with or without frequent use of the elevator, it's up to you.

When buying a home, the first floor of the house** is relatively low. In addition to resident factors such as mining and ventilation, elevators will also be considered in pricing. Therefore, this is not an unreasonable expense for the property, but an issue that has been clearly identified before the purchase of the home.

So, if you live on the ground floor, then you can also use the elevator. As for whether you feel like you're at a disadvantage and stay in it all day, it's up to you. However, the property staff said, there is another situation.

Some old buildings are elevator rooms, but the resistance from users on the first floor is usually the greatest because the occupants of the upper floors feel inconvenient after moving in, and they want to consult everyone to install the elevators. Therefore, it is often recommended to increase the cost of installing an elevator depending on the floor difference.

I live on the first floor, why do I have to pay the elevator fee? The property cried after the owner made a big move.

Residents who live on the first floor don't use the elevator for 10,000 years, why should they pay the elevator fee? Is this reasonable?

I don't think it's reasonable, because the staircase is originally shared, and living on the first floor is actually different from living on the fifth floor, which is more favorable. Therefore, there is no need to withhold the owner of the first floor from paying the elevator fee.

I don't think it's reasonable! Because everyone is under the management of the property, and many places are managed by the property. Although he lives on the first floor, there are some places that he can't take care of himself or deal with in one step.

As far as I know, Article 72 of the Property Law of the People's Republic of China stipulates that the owner has rights and obligations for the common parts other than the exclusive part of the building; No waiver of rights may be used for non-performance of obligations. In other words, the elevator is public property, and its operating costs should be borne by the owner.

Elevator room, if the elevator leads directly to the underground garage, then the first floor residents should pay the elevator fee. If the elevator does not go directly to the underground garage, the residents on the first floor do not have to pay the elevator fee!

It is reasonable not to pay the elevator fee on the first floor, and if the elevator operating costs are paid from the management fee, it must be paid.

Unreasonable, the property charges indiscriminately, how not to say that the elevator advertising revenue is distributed to the residents, and the roadside parking fee property in the community is also monopolized.

I think it's reasonable, and then it's forbidden to do an elevator to go to the underground garage.

Why do you need to pay an elevator fee if you don't use an elevator? You didn't fly, I want you to buy a plane ticket! Do you think it's reasonable or not?

I think that's reasonable.

If you don't take the elevator, you shouldn't pay!

Plausible. The property fee can be waived.

Reasonable, because the ground floor is not used.

Of course it is reasonable! Is it reasonable not to pay for nothing?

Do people on the ground floor need an elevator? Do they take the elevator?

You buy an elevator room, and you have to pay no matter how many floors you live on.

There is no elevator on the first floor, why do you have to charge elevator fees, and is it reasonable to pay elevator fees without elevators? Isn't that ridiculous?

It is reasonable, why pay the elevator fee if you don't use the elevator?

It's reasonable, people don't use it, and they don't need it, why should they pay it.

Frankly speaking, the pressure of life is getting bigger and bigger, and how many people have worked hard all their lives just for a suite. But even if you buy a house, there are a lot of worries behind it. The owner lives on the first floor and does not take the elevator and does not want to pay the elevator fee, what should the property do in this situation?

There are many similar situations on the Internet, and some have even gone to court. In the end, the court ruled that the occupants of the first floor should also pay the strata fee in full.

Includes apportioned electricity charges for elevators). The property contract did not stipulate that the elevator fee would not be paid for living on the first floor, and the reason that the owner of the first floor should not pay the fee because he had not used the elevator lacked factual and legal basis.

According to Article 70 of the Property Law, it is clear that the elevator is an ancillary facility of the building, and the ownership of the building is distinguished.

of common parts. Article 72 also stipulates that the owner has rights and obligations in respect of the common parts of the building other than the exclusive parts; No waiver of rights may be used for non-performance of obligations. Due to improper maintenance of the property department, the elevator can not be used normally, and the property department should remedy or compensate for the inconvenience caused to the residents upstairs, and these first floors are not enjoyed!

Do I have to pay the elevator fee on the first floor? Of course, it is possible not to pay under certain conditions. The premise is that there is no basement and no underground parking spaces.

In other words, the elevator is not underground. When buying a house under these conditions, I negotiated the conditions with the developer and promised to buy the first floor without paying the elevator fee, otherwise I would not buy the house on the first floor. In the case of a bad sale, the developer may waive your elevator fee (or may not agree to your request if the sale is strong).

Elevators are public facilities, including pipe shafts, public corridors, and public leisure spaces on the first floor, stairs, roofs, etc., which will be counted in the shared area.

Inside, the elevator state prudently stop the annual inspection and maintenance costs should be included in the property fee, although the user who lives on the first floor rarely uses it, but it still has to be paid, so the money is still used on it! For example, dampness, noise, hygiene, light, but also to pay the elevator property fee, but there are also advantages: convenient to save time, with a garden can be planted flowers and plants, etc., in case of special circumstances at any time to withdraw, etc., suitable for the elderly to live, the experience is better.

As for waiving this fee, it won't work in the current situation!

If the owner lives on the first floor and does not use the elevator, there is no need to pay the elevator fee, and the elevator fee should be borne by the person who uses the elevator.

Go directly to the police, he can get a good solution, the law is fair and just, and it can also protect everyone's legitimate rights and rights.

Alarm. This kind of person can only let the police reason with him, and there is no way to take him from the property.

Legal analysis: Even if the family lives on the first floor, you still need to pay the elevator fee. On the issue of apportionment of elevator usage fees, there is a clear agreement to accompany Wang Ding, from the agreement; If there is no agreement or the agreement is not clear, all the owners of the corresponding building within the scope of elevator use.

The owner has rights to the common parts other than the exclusive part of the building, and shall not fail to perform his obligations on the grounds of waiver of rights.

Legal basis: Article 273 of the Civil Code of the People's Republic of China The owner has rights and obligations for the common parts other than the exclusive parts of the building; Waiver of rights may not be used as a reason for non-performance. When the owner transfers the dwelling in the building and the building for commercial use, the right to co-ownership and co-management of the common part is transferred at the same time.

The residents on the first floor seem to basically not need an elevator, so whether the owners on the first floor should pay it"Elevator fee"？

According to the relevant regulations, the residents on the first floor also have to pay the corresponding elevator fees, the elevator is a public facility, and the residents have to bear the operating costs of the public facilities. However, there are some cases where you can avoid paying the elevator fee. The first situation is that the service desk of the property service company in the community is poor, and it does not meet the relevant standards of the property contract at all.

The second is that the property company does not charge in accordance with the relevant regulations, overcharging and indiscriminately charging, and the owner can also not pay the elevator fee. There is also the fact that the property management company cannot charge the owner's elevator fee without the approval of the relevant departments.

Analysis of the draft of the law: Even if the family lives on the first floor, you still need to pay the elevator fee. On the issue of apportionment of elevator usage fees, if there is a clear agreement, the agreement shall prevail; If there is no agreement or the agreement is not clear, all the owners of the corresponding building within the scope of elevator use.

The owner has rights to the common parts of the building other than the exclusive parts, and shall not fail to perform their obligations on the grounds of waiver of rights.

Legal basis: Article 273 of the Civil Code of the People's Republic of China The owner has rights and obligations for the common parts other than the exclusive parts of the building; Waiver of rights may not be used as a reason for non-performance. When the owner transfers the pickpocket dwelling and business premises in the building, the rights to co-ownership and joint management of the common part are transferred together.

Now the high-rise is required to install elevators, mainly for the convenience of residents, so as a resident on the first floor, it can be said that the elevator is not used at all, so why do you still need to pay the cost of the elevator, many residents will go to the property to communicate because of this matter, but the reason for the residents on the first floor is very sufficient, but they are still told by the property that they need to pay the cost of the elevator, so is this result right?

First of all, from a legal point of view, the elevator is a part of the community, but also the residents of the community, the elevator is the same as other co-owned facilities, are completely owned by the residents of the community, the use of the elevator is not because of the use of the residents on the first floor, resulting in the maintenance cost of the elevator is reduced, so the residents on the first floor also need to bear the same cost of the elevator as other residentsFor the first floor residents should pay the elevator fee, there is such a situation, that is, the democratic voting system, this method is quite fair, as long as all the residents agree that the first floor residents can not pay the elevator fee, then the first floor residents can not pay the elevator fee.

Then, there is another way to enter the elevator with a card, only the residents who have purchased this card can use the elevator, relatively speaking, this method is also relatively fair, if you do not buy a card, you can not use the elevator, climb the stairs upstairs.

There is also the problem of elevator costs, in fact, you should consider before buying a house, if you decide to buy the first floor, you should be prepared to pay the elevator fee, so that you don't have to worry about this problem.

I live on the first floor, why do I have to pay the elevator fee? The property cried after the owner made a big move.

You still have to pay for the elevator installation, because you can go to the top floor to dry your clothes.

You still have to pay the elevator fee on the first floor, but it's less.

I don't think I should pay the elevator fee, it's really wronged.

It seems that the first floor also has to pay the elevator fee, after all, he is also a resident of this building.

There is no overhead floor and the elevator does not pass through the underground garage, such as this total, the first floor is the history of the elevator, and the first floor does not hand over the elevator to travel far away.

The owner of the first floor still needs to pay the elevator fee. Because he is also a resident of this building.

Because it is a resident of a building, of course, you need to pay the elevator fee.

It should be possible to pay it, because the elevator is not used on the first floor.

If that's the case, it seems that he should also pay it, after all, he has to go upstairs too.