With the urgent desire to liberate their feet, building 8 was completed in November 2018 under the coordination of the industry committee and the neighborhood committee The owners of 20 households reached a preliminary intention to install elevators, and Lao Li, the owner of the first floor, also agreed.
The defendant Lao Li did not reply.
There are 20 owners in Building 8, and more than half of them are over 60 years old.
With the increase of house age, the age of residents is also increasing.
Other owners of Building 8 asked Lao Li to eliminate the obstacles and should be supported according to law.
After the suspension, the neighborhood committee and upstairs neighbors came to Lao Li for negotiation, but Lao Li always opposed the installation of elevators.
One month later, the owner of Building 8 signed the sharing agreement on the investment cost, operation cost and maintenance premium of the new elevator.
The installation of elevators may have a certain impact on the daylighting of residents on the ground floor, but based on the principle of convenient life and unity and mutual assistance, residents on the ground floor shall give other owners the convenience of installing elevators.
In court, other owners of Building 8 said that the owners raised their own funds to add elevators to their residential buildings.
However, other owners of Building 8 took a class action to Shanghai Hongkou court and asked the court to judge Lao Li to eliminate the obstacles so that the construction party can continue to complete the installation of elevators.
Now Lao Li reneged and obstructed, which also violated the principle of good faith.
Except for 4 waivers, they all agreed that there was no negative vote, and Lao Li also signed to agree.
The procedures were legal and compliant, and Lao Li also signed and agreed.
Adding elevators to the existing multi-storey houses is a practical project implemented by the government to adapt to social and economic development and meet the needs of population aging.
The owner of the first floor agreed to install elevators in advance, but he suddenly repented and obstructed in construction.
However, in December 2019, after the elevator construction began, Lao Li, the owner of the first floor, suddenly repented and obstructed the construction by cutting wires, so the project was forced to stop.
After that, the owner of Building 8 signed on the consultation form to agree to install the elevator.
After voting, more than two-thirds of the owners of the community agreed to install elevators in the unit building with mature conditions in the community in stages.
Lao Li was summoned by the court and refused to appear in court without justified reasons.
Recently, the Shanghai Hongkou court heard a dispute over the installation of elevators.
In May 2019, the community held an owners’ meeting.
Moreover, Lao Li, as the owner’s representative of the ground floor, initially signed the preliminary intention form and consultation form for elevator installation, indicating that he agreed to the installation of elevator in Building 8.
(the picture comes from the Internet) case review: a community in Hongkou District, Shanghai was built in the early 1990s.
I hope the court will appeal.
The installation of elevators in old residential areas was originally to facilitate residents’ travel, but in the actual transformation, there were many voices of opposition from low floors.
The court made a default judgment according to law: the defendant Lao Li should immediately stop hindering the installation of elevators, so that the construction party can continue to implement the installation of elevators…
The court held that the neighboring parties of the real estate should correctly handle the neighboring relationship in accordance with the principles of benefiting production, facilitating life, unity and mutual assistance, fairness and rationality.
Other owners of the same building collectively sued the court and asked the owner of the first floor to remove the obstruction.
However, at the construction stage, Lao Li reneged and obstructed many times, resulting in a year and a half, but the installation of elevators could not continue at the beginning, affecting the lives of residents in the same building, Even some old people died without waiting for the completion of the installation of the elevator.
Fixing Socket Cross Hole Nail Plate
If it causes obstruction or loss to the neighboring party, the infringement shall be stopped and the obstruction shall be eliminated.
Subsequently, after publicity, licensing and other procedures, building 8 officially began to install elevators.
