The high-rise owner of Block 19 and 1 ladder in Zhulinjing New Village, Gulou District, Fuzhou City, reported that the installation of the elevator was opposed by the owner of a low-rise household, and hoped that the mediation team could intervene in the communication.
The high-rise owners want to install elevators
It is understood that the residents of the 19 blocks and 1 ladder are generally very old and unable to go up and down the stairs, so the high-rise owners will take the lead in opening the approval procedures for applying for elevators in 2022, and take care of the opinions of the owners of the lower floors.
High-rise owners
On the first floor, we asked for the problem of shading, and we installed glass;The proposal on the second floor sometimes lifts heavy objects and wants to sit down on the third floor, and we fully agree. You don't have to pay for it, we will issue a card to you, you can sit, it is already very accommodating and very humane.
The high-rise owner said that there was only one low-rise owner in the entire staircase, Amei, who opposed the installation of the elevator. Because the number of signatures and votes has met the requirements, everyone began to report the relevant materials for approval.
High-rise owners: approval passed, installation and construction blocked
Just when everyone was expecting an elevator to get in and out easily, it was hindered. It turned out that just as the construction team was about to enter the site, Amei's tenant parked his car on the construction site of the elevator shaft, resulting in the inability to carry out construction. When the communication failed, the high-rise owner sued the court, and the first instance ruled that he should drive the car away. But after the tenant's car drove away, Amei's car was parked in the same position again.
Opposition to the owner: reluctant to come forward to communicate for the time being
The mediation team contacted Amei through **, and she said that she did not accept ** mediation and could not come forward to communicate for the time being. The reporter added Ah Guo, who claimed to be Amei's friend, through WeChat, and he said that he was entrusted by Amei to handle the matter.
Ah Guo said that the previous car parked at the staircase had nothing to do with Amei, but did not respond positively to whether the current car was related to Amei. A Guo said that Amei has always opposed the installation of elevators, because they are worried that the installation of elevators will have an impact on the safety of the main structure of the building, and the high-rise owners have not provided a test report that the installation of elevators has no impact on the safety of the building.
Planning department: The design unit is responsible for authenticity and safety
In response to Amei's concerns, the staff of the Gulou District Natural Resources and Planning Bureau said that there is currently no relevant document requiring the installation of elevators to make a safety inspection report.
Staff of Gulou District Natural Resources and Planning Bureau.
According to the provisions of Document No. 107 of Fuzhou City for the installation of elevators, the design unit should be responsible for the safety of the building structure, and the District Construction Bureau also plays a certain responsibility for the supervision of construction safety. Our planning bureau is mainly responsible for the setback distance of the design scheme of the installation of elevators.
For the issue of safety, the reporter also consulted the elevator company responsible for the installation of elevators in the building.
The reporter fed back the situation to Aguo, and he said that Amei's opinion was to ensure that the construction would not have a negative impact on the existing buildings, and then carry out follow-up consultations.
Planning Authority: Advise the opposing party to resolve the matter through litigation
Staff at the Gulou District Bureau of Natural Resources and Planning said they would hold hearings on objectionable issues.
Staff of Gulou District Natural Resources and Planning Bureau.
When the number of votes passed by the design plan meets the consent of the 4 owners, as well as the consent of the exclusive area, and the design plan meets the review requirements of Document 107, even if the dissenting party still has objections after the hearing, we still have to review and pass the record. As an objecting party, it can be resolved through judicial means.
Staff from the Zhulinjing community told the mediation team that they had held several unsuccessful consultations and were now only able to provide legal aid advice. The staff of Dongjie Street said that in line with the principle of neighborhood harmony, it is still recommended that high-rise owners find car owners to further negotiate the transfer of cars.
The lawyer said that according to the current vehicles hindering the construction of the elevator installation, the high-rise owners canApplication for a pre-trial injunction, asking the owner of the car to remove the obstruction.
Shen Zhanchang, lawyer of the Lawyers' Public Interest Service Committee of Fuzhou Lawyers Association.
If the owner insists on not leaving, the owner can call the police and request the administrative department to impose an administrative penalty on the owner of the vehicle in accordance with the provisions of Article 23 of the Law of the People's Republic of China on Public Security Administration Punishments, or file a lawsuit with the people's court to require the owner or other obstructors to remove the obstruction. According to Article 104 of the Civil Procedure Law of the People's Republic of China, if the obstructor refuses to drive the vehicle away, or otherwise obstructs the vehicle, the owner may apply to the court for a pre-trial injunction requiring the owner to remove the obstruction.
Mediation Notes
In the context of an aging society, the installation of elevators in old communities does provide convenience for the elderly living in high-rise buildings, but at the same time we can not ignore the concerns of low-rise owners, their interests are equally important, in the decision-making process, we should fully listen to the opinions of all parties, seek a balance of interests, so that the installation of elevators is winning the support and praise of residents.