▶ Court: residents on the first floor should immediately eliminate the nuisance ◀ The People’s Court of Yueyanglou District, Yueyang City, Hunan Province, held that the community involved in the case had not been installed with elevators before, and it was inconvenient for residents with two or more floors to travel, especially for the elderly or those with inconvenient legs and feet.
Other owners submitted relevant materials, and the application for adding elevators was successfully approved by the relevant departments.
The decision on the matters specified in Items 6 to 8 of the preceding paragraph shall be subject to the consent of more than three fourths of the owners who vote on the area of the exclusive part and more than three fourths of the owners who vote.
The joint decision of the owners shall be made by the owners who account for more than two-thirds of the area of the exclusive part and more than two-thirds of the number of owners.
As for the plaintiff’s claim for compensation of 9300 yuan for economic losses caused by work stoppage, it was not supported because no evidence of losses was submitted.
The defendant and his/her family members living on the first floor shall properly handle the neighboring relationship, and shall not obstruct the work of the plaintiff and other owners who organize the installation of elevators.
The objection of the residents on the first floor did not stop the pace of adding elevators.
In desperation, the owner from the 2nd floor to the 7th floor complained to the People’s Court of Yueyanglou District, Yueyang City, Hunan Province.
Liao and their families, were obstructing the construction on the site.
In order to facilitate the travel of residents in the community, the residents of high floors who apply for installing elevators are happy to see their success, but the residents of low floors never agree or even obstruct the construction on site ▶ Adding elevators leads to disputes ◀ In Yueyang Building District, Yueyang City, Hunan Province, there are 14 households with 7 floors in the unit building of an old community.
Article 288 The neighboring obligees of a realty shall correctly handle the neighboring relationship in accordance with the principles of facilitating production, facilitating life, solidarity and mutual assistance, fairness and reasonableness…
In October 2021, Yueyang Municipal Government will issue relevant documents to comprehensively promote the installation of elevators in existing residential buildings.
It was reasonable and legitimate for the plaintiff and other owners to request additional elevators to facilitate travel and improve the living quality.
In the end, the People’s Court of Yueyanglou District, Yueyang City, Hunan Province ruled that the defendant should immediately remove the obstruction and not affect the elevator installation project.
▶ Judge: Neighbours should handle the neighboring relationship well ◀ Adjacency relationship is essentially an extension or limitation of the content of real estate rights.
After the vote, the plaintiff and other owners went through the approval and filing procedures for building additional elevators according to law, and the procedures for adding elevators were legal.
Huang, Mr.
On March 18, 2022, the construction of the elevator installation project began.
In the case of conflict of interest, it should be judged according to the principle of “the lesser of the two evils” through consultation and weighing the interests of all parties.
The residents of the unit building decided to install elevators, but this was strongly opposed by the residents of the first floor, Huang and Liao, who believed that the installation of elevators would have a negative impact on their houses.
Adding elevators to the houses involved in the case is a matter stipulated in Item (8) of Article 278 of the Civil Code of the People’s Republic of China, which shall be jointly decided by the owners, and shall be approved by the owners who participate in more than three fourths of the area of the exclusive part and more than three fourths of the voting number.
The residents on the first floor, Mr.
If the addition of elevators does have adverse effects on ventilation, sunshine, daylighting, value derogation and other aspects of the defendant’s house living on the first floor, the defendant may negotiate separately or settle the compensation or compensation through legal means, but shall not continue to hinder the installation of elevators for this reason.
This system aims to regulate the conflict of interest among the rights of adjacent real estate, clarify that one party provides certain convenience to the other party, and tolerate the hindrance caused by providing convenience.
On the condition that the resolution on adding elevators complies with the rules of procedure and legal procedures, some owners block the building according to their own building ownership, which violates the provisions of the Civil Code of the People’s Republic of China on the division of ownership of owners’ buildings, and also does not comply with the principle of adjacent relationship in the Civil Code of the People’s Republic of China.
Related link Article 278 of the Civil Code of the People’s Republic of China The following matters shall be jointly decided by the owners: (1) Formulate and modify the rules of procedure of the owners’ assembly; （2） Formulate and modify management regulations; （3） Elect the owners’ committee or replace the members of the owners’ committee; （4） Selecting and dismissing property service enterprises or other managers; （5） Use of maintenance funds for buildings and ancillary facilities; （6） Raising maintenance funds for buildings and ancillary facilities; （7） Reconstruction of buildings and ancillary facilities; （8） Change the use of the common part or use the common part to engage in business activities; （9） Other major matters concerning joint ownership and joint management rights.
The total number of owners of the unit building with elevators in this case is 14, which has been approved by 12 owners who have reached 6/7 of the total number of people and the area of the exclusive part, meeting the aforesaid statutory voting proportion, so the voting is legal and valid.
The decision on other matters mentioned in the preceding paragraph shall be subject to the consent of more than half of the owners who vote on the area of the exclusive part and more than half of the owners who vote.
The lowest floor is an overhead floor, without elevators, making daily travel extremely inconvenient.
The excavator that had arrived had to stop working.
