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The main thing is the communication between the owner and the owner, and the consent of all owners must be obtained before the installation of the elevator can be carried out. <>
With the continuous development of our living standards, housing has become one of the problems for most people, and some people struggle all their lives just to own a property in their own city. However, due to the extremely tight land area of the current house, most of the floors are generally above the 20th floor. In this way, high-rise buildings are generally equipped with elevators.
However, before the 21st century, some old communities were basically not equipped with elevators, and the residents in these communities were also aging. <>
With the continuous opening of ideas, the installation of elevators has become one of the trendy topics nowadays. Many advanced old communities have been renovated, and elevators have been installed on the original building structure, which can facilitate the travel of the elderly. On the surface, it is indeed a very convenient thing, but there are many hidden problems.
One of the biggest problems is the dispute between the owner and the owner. People with high floors naturally want to install elevators, but for those who live on the first floor or low floors, they don't want to spend this unjust money. In this way, because of different views, contradictions arise.
The main problem in solving the contradiction is to carry out reasonable communication, and there have been many social cases that are disputes over the installation of elevators. Before making a decision, you should have a detailed communication with the owners of the whole building to understand which ones are willing to participate in the project and which ones are opposed. After obtaining everyone's consent, the next step can be carried out, otherwise there will be conflicts.
If some owners are really unwilling to install elevators, then they should come up with a reasonable compensation contract for them. It is not only necessary to ensure the safety of the old community, but also to take into account the emotions of each owner. <>
If you encounter some professional problems, it is best to consult a lawyer for reference. And before the implementation of the project, a professional contract is signed with door-to-door, and if there is a dispute between neighbors in the future, this contract can be used as a legal benefit to protect their legitimate rights and interests. This is also one of the inherent procedures for the installation of elevators in most old residential areas today.
The installation of elevators is not limited to the whole building itself, and it is very closely related to the property neighborhood committee, construction unit and so on in the community. When encountering problems, we must actively negotiate and coordinate, and try our best to meet the conditions and requirements of everyone. In this way, elevators can be installed on the floors of old residential areas.
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It is necessary to take into account the interests of all parties, be fair and just, and make decisions that are beneficial to everyone, so as to avoid disputes arising from the installation of elevators.
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I think it's important to ask every household's opinion. Everyone has to agree so that they can be retrofitted.
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I think the installation of elevators must be agreed by all the heads of households, and it cannot be said that the first business can come how to come, so as to avoid it.
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The methods are as follows: 1. Taking Guangzhou as an example, according to Article 7 of the Measures for Adding Elevators to Existing Residential Buildings in Guangzhou: The owner who applies for the addition of elevators shall reach a solution to the following matters in the form of a written agreement:
1) Negotiate with the owners who do not agree to add elevators, and compensate the owners whose interests are damaged.
2) Determine the elevator use manager.
3) The budget for the cost of the additional elevator project and its raising plan.
4) Elevator maintenance methods and their maintenance and repair cost sharing scheme.
5) Other matters stipulated by laws, regulations and rules shall be determined by the owners through consultation.
2. According to Article 9 of the Measures for Adding Elevators to Existing Residences in Guangzhou: The application for adding elevators to existing residences shall be submitted in the following ways:
1) The owner or the owner's representative may submit an application, or the application may be made by the owners' committee. If the number of owners applying exceeds 5, no more than 5 owners shall be selected as representatives.
2) The owner may entrust the original real estate development enterprises, property service enterprises, elevator production and installation enterprises, and additional elevator consulting services to apply.
3) If the residential building with an elevator belongs to the housing reform, the owner may entrust the original housing to be resold to submit an application; If the original housing has been closed, bankrupt, or revoked, and its housing maintenance** has been transferred to the management of its higher-level competent department, it may also entrust the higher-level competent department to apply for handling.
4) The owner of the additional elevator shall bear the obligations stipulated by laws and regulations as the construction unit.
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Legal analysis: by the exclusive part of the area of more than two-thirds of the owners and the number of owners accounted for more than two-thirds of the vote to participate in the voting, and should be voted on by the exclusive part of the area of more than three-quarters of the owners and the number of participants in the number of four of the owners of the division of the owners of more than three lines, you can apply for the installation of elevators.
Legal basis: Article 278 of the Civil Code of the People's Republic of China The reconstruction and reconstruction of buildings and their ancillary facilities shall be jointly decided by the owners. The owners of the exclusive part accounting for more than two-thirds of the area and the number of owners accounting for more than two-thirds of the number of owners participate in the voting, and the consent of the owners of more than three-quarters of the area of the exclusive part participating in the voting and more than three-quarters of the owners participating in the voting shall be obtained.
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If the neighbors do not agree, the parties can negotiate on their own, and if the negotiation fails, they can apply for mediation, and if the mediation fails, they can apply for arbitration or sue the court.
If the neighbors do not agree, they can be dealt with in the following ways:
Negotiate a settlement. On the basis of equality and voluntariness, the parties shall reach a settlement agreement through friendly consultation, mutual understanding and mutual accommodation, and then resolve the dispute.
Mediation settlement. Under the auspices of relevant organizations (such as people's mediation committees) or intermediaries, on the basis of equality, voluntariness, and legality, distinguish right from wrong, clarify responsibilities, and promote the parties to reach an agreement on their own through presenting facts and reasoning, so as to resolve disputes.
Arbitration Resolution. The parties to the dispute shall apply to the arbitration institution in accordance with the arbitration agreement or arbitration clause in the contract reached before or after the dispute, and the arbitration institution shall hear and make an award in accordance with the law, and the dispute shall be resolved through the parties' conscious performance of the award or the application of one party to the people's court for compulsory enforcement.
Litigation Resolution. Settlement through litigation means that one of the parties to the dispute files a lawsuit with the people's court in accordance with the law, and the court hears the case in accordance with the Zhichen Law, makes a judgment or ruling, and resolves the dispute through the parties' conscious performance of the effective judgment or the compulsory enforcement of the people's court.
Can you win a lawsuit if you don't agree to install an elevator on the first floor?
The first floor of the elevator does not agree to win the lawsuit depends on whether the evidence is fully prepared, the more sufficient the evidence, the greater the probability of winning the lawsuit, the public parts of the building belong to the owners of the whole building, and the first floor has the right to exercise its rights. In this matter, it is recommended that it is better to negotiate with the relevant departments, and the upstairs should be appropriately compensated for the first floor, and the first floor should be fully considerate of the upstairs.
To sum up, according to the laws of our country, in the process of publicity and approval of the installation of elevators, low-rise owners should reasonably exercise their right to object, and submit claims to the relevant administrative departments within the statutory pre-approval publicity time, so as to substantively resolve the dispute over the installation of elevators.
Legal basis]:
Article 288 of the Civil Code of the People's Republic of China: Owners of adjacent rights to immovable property shall correctly handle adjacent relationships in accordance with the principles of conducive to production, convenience of life, solidarity and mutual assistance, and fairness and reasonableness.
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The reason why the installation of elevators in the old community is very controversial is because the installation of elevators in the old community is not free, but charged! The old community pretends to be an elevator, either a one-time elevator fee before construction, or a card is set up to take the elevator after the construction is completed! In this way, the elevator fee is about 20,000 yuan per family, or as high as one yuan per elevator ride, which is a very large expense for many residents of the old community!
The living conditions of residents living in the old community are not very good, and the installation of elevators can be said to have advantages and disadvantages for them, and the disadvantages outweigh the advantages!
In addition to the cost problem, the old community pretends that the elevator also has problems affecting the residents on the first floor and the top floor! After all, there will always be sound when the elevator is running, and the elevator will block part of the sunlight outside, which leads to many residents on the first and top floors who are not very recognized by the installation of elevators! After a period of operation, it can be said that the reputation is not very high, and everyone has doubts about it, and the controversy continues!
The floors of the old community are generally no more than seven floors, and many people are used to climbing the building! Therefore, some people are not very enthusiastic about installing elevators. Especially after learning that the installation of the elevator will be charged, these people are very resistant to the installation of the elevator!
Most of the people in favor of installing elevators are some seniors! Because they are older, it is not very convenient for them to go up and down the stairs, so this part of the people very much wants to install an elevator! In this way, the residents of a building have their own ideas, and it is naturally difficult to reach a consensus on the installation of elevators in the old community!
Netizens are hotly discussed. The installation of elevators in the old community has caused heated discussions on the Internet, and netizens have said that it is not cost-effective to install tens of millions of elevators in a community! Some old communities are more than 30 years old, is it really necessary to install elevators?
The reason why the installation of elevators in the old community is very controversial is naturally because many people do not want to install it!
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Because there will be many potential safety hazards in the old residential area, although it will be much more convenient, but the equipment may often fail, so there will be controversy.
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Because many people feel that there is no need to install elevators in the old community, it will be an economic burden, so the controversy behind it is very big.
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Because the installation of elevators is very bad for low-rise residents, not only the value of the house will depreciate, but the living environment will also change.
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Summary. If the owner has a dispute over the installation of elevators in the community, it can be dealt with in the following ways1Negotiate and settle, the owner negotiates on the brand, model, construction plan and other aspects of the elevator to reach a consensus.
2.Handle through the property management company, raise relevant problems with the property management company, and seek help and solutions from the property management company. 3.
If a solution cannot be reached through negotiation, the applicant shall apply to the relevant arbitration institution for arbitration, and the arbitration institution shall conduct mediation or judgment. 4.Disputes between owners cannot be resolved through negotiation, arbitration, etc., but through litigation and other legal means.
Hello! Can you elaborate on your controversy?
The dispute over the chain of the district-installed elevator mainly includes the following aspects, Fei Xiaoli respectfully apportionment issues, public space issues, equipment quality issues, management issues, and funds. What kind of problem are you referring to?
If the owner has a dispute about this, it is recommended that you first refer to the relevant laws and regulations of Xingsui to understand and consider. Shouqing with stove first, about the installation of elevators in the community, the policies and regulations of the relevant departments are not consistent, and generally need the owners to apply to the relevant departments and after approval after collective discussion and reputation.
If the owner has a dispute over the installation of elevators in the community, it can be dealt with in the following ways1The owner negotiated the elevator brand, the model of the town fiber, the construction plan, etc., to reach a consensus. 2.
Handle through the property management company, raise relevant problems with the property management company, and seek help and solutions from the property management company. 3.If a solution cannot be reached through negotiation, the applicant shall apply to the relevant arbitration institution for arbitration, and the arbitration institution shall conduct mediation or judgment.
4.Disputes between owners cannot be resolved through negotiation, arbitration, etc., but through litigation and other legal means.
Our building has 8 floors, 2 households on each floor, more than two-thirds agree, if there are 4 households on the second and third floors, they do not agree. Can this elevator be installed?
Changing the names of the parents on the birth certificate must comply with the provisions of laws and regulations, and provide sufficient evidence and witness testimony. If you can't meet the relevant requirements, you can't make modifications.
Back to the wrong one. More than two-thirds of the residents agreed that the elevator could be retrofitted within the scope of the law.
More than two-thirds of the owners agree to the elevator transformation, that is, 11 owners agree, then the elevator transformation can be carried out. Owners who do not agree can raise objections in accordance with relevant laws and regulations, but if they meet the relevant regulations, Zheng Jiansong can force the elevator to be renovated.
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Summary. Legal basis: According to Article 76 of the Property Law, two-thirds of the housing area of the unit owner and two-thirds of the population of the unit can agree.
Because the size of each household is basically the same, the population is similar. So the essence is that two-thirds of the owners of the unit agree to install the elevator. It must be signed and agreed by all owners, and there is no legal basis.
and violates the principle of majority or majority of the norms of group behavior, that is, the general principle and practice of majority or two-thirds.
Dear, hello, I'm glad to answer your questions about Harbin. The controversy over the installation of elevators in residential areas has been the addition of elevators in Guangdong and southern coastal provinces and cities. Mainland provinces and cities are relatively late.
Looking online, most provinces and cities are based on the "Property Law" as the conditions for the quasi-increase of the difficulty. There are also very few places where all owners sign and agree as a condition for the increase.
Legal basis: According to Article 76 of the Property Law, two-thirds of the sedan car that accounts for the house area of the unit owner can be leaked quickly, and two-thirds of the closed population of the unit residents can agree. Because the size of each household is basically the same, the population is similar.
So the essence is that two-thirds of the owners of the unit agree to install the elevator. It must be signed and agreed by all owners, and there is no legal basis for Ren Changhua. and violates the principle of majority or majority of the norms of group behavior, that is, the general principle and practice of majority or two-thirds.
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