The problem of elevator fees is one of the common disputes of community owners. Many first-floor residents will think that they do not have the need to use the elevator, do not enjoy the value of the elevator, and should not pay the corresponding elevator fee.
Netizen consultation:
Should residents on the first floor pay elevator fees?
Lawyer answers:
Even if you live on the first floor, you still need to pay the elevator fee.
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. The maintenance and operation costs of the elevator have nothing to do with the specific use, but are apportioned to all owners as a whole. The owner of the first floor does not use the elevator on weekdays and does not directly benefit from the elevator, but this does not mean that the owner may benefit from the normal use of the elevator. For example, the advertising revenue in the elevator, this part of the income is owned by all owners;For example, elevators are also needed for the maintenance of buildings, and the owners of the first floor are also beneficiaries. Therefore, residents on the first floor should bear the same elevator fees as residents on other floors.
Lawyer adds:
The common parts of the building, the exclusive part and the common part are interrelated and inseparable, and the enjoyment and assumption of rights and obligations need to be weighed in an all-round way, rather than completely taking matters into account and separating them. Due to the nature of the common part, there is no guarantee that every owner will use its function, and it may be that the owner will never use a common part, but this does not negate the potential and intangible role that the common part may achieve for the owner.
Legal basis] Civil Code of the People's Republic of China
Article 271: The owner shall have ownership of the exclusive parts of the building, such as residential and commercial buildings, and shall enjoy the right of co-ownership and joint management of the common parts other than the exclusive parts.
Article 272: Owners have the right to occupy, use, benefit from and dispose of the exclusive parts of their buildings. The exercise of the rights of the owner shall not endanger the safety of the building and shall not harm the legitimate rights and interests of other owners.
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 or business premises in the building, the rights of the owner to the common part and joint management are transferred together.
Lawyer Liu Xuan's profile
Practicing lawyer of Shaanxi Fengdong Law Firm. He has been engaged in the lawyer industry for many years, has a solid legal foundation and rich experience in handling cases, and can quickly find out the crux of the case from the actual situation of the client, and at the same time clarify the legal relationship in the complex legal provisions and give better solutions.