In 2020, a community had a dispute over the owner used by public elevators. Once the matter was released online, it caused a stir.
The reason for the incident was that Ms. Qian, who had been pregnant for eight months, wanted to take the elevator home, but was declined by the property and forced her to take the stairs.After Ms. Qian expressed dissatisfaction, the property was still self -care, and she could not give a clear statement.
What happened between the community property and Ms. Qian, why did the community elevator that should belong to the public property not allowed Ms. Qian to ride? What made Ms. Qian, who was in the risk of risks of the tire gas, to be justified?
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回 —— [· Case Review ·] – »
Because of a few days ago, when Ms. Qian returned to get off work, she just walked to the elevator entrance and wanted to take the elevator to return to the home of the ninth floor, but was stopped by the security personnel on the side.
"Ms., this elevator has been locked, please walk the stairs next to him," said security officers.
After hearing the security staff, Ms. Qian was very shocked. She could still take the elevator normally a few days ago. Why was she locked today?With a stomach full of doubt, Ms. Qian went to the Community Property Office to find the reason why the relevant staff asked the reason.
Regarding Ms. Qian’s doubts, the staff of the property department’s reply was: the first two days of the elevator had a sudden failure, and the owners of the eight buildings bears all the costs required for elevator maintenance.After the elevator was restored, the owners of the eight buildings asked the elevator to only use them.The property believes that the requirements of the eight owners are reasonable, so the elevator is always locked when no one is usually.
After hearing the property of the property, Ms. Qian was angry and anxious, although she was not acceptable, but she was helpless.The family repeatedly called and asked Ms. Qian why she hadn’t returned home yet.Ms. Qian had no choice but to walk home with a big belly first.
Ms. Qian, who was holding a big belly, abolished her strength before she walked to her house. After returning home, Ms. Qian was still indignant for this matter. She thought: It is also the owner of the community.Can the owner be an elevator and we can’t?
Afterwards, Ms. Qian asked her residents in the community whether they could take the elevator. No other residents except eight buildings could answer, and the elevator mouth was locked.
Ms. Qian decided to meet the owners of other buildings to go to the community property to discuss, obviously the public facilities in public places. Why is it only the exclusive to the eight buildings now?
The next morning, Ms. Qian jointly came to the property to find the property. The property shouted the owners of the eight buildings. The two users were deadlocked.
The eight owners believe that "the others have not paid the money, why take the elevator?" And other owners believe that "we all paid the property fee, why can’t we sit?", Nothing to do.
The two sides were arguing, and some people took pictures of the dispute picture to the Internet. They wanted the majority of netizens to help judge right and wrong.Once the video of the dispute between the two sides was uploaded, it quickly attracted the attention of public opinion and the media, and everyone commented on the matter.
Some netizens think that the eight owners are not wrong, because the eight owners spend money to share the elevator with people who do not spend money?
Netizens’ comments have different comments. They have their own opinions, and some netizens think that Ms. Qian’s rights protection is correct. If everyone can make more money, they can occupy the public elevator as their own.
There are also more rational comments that the owners of the two parties are right. The wrongdoing is the unintentional community property.
Professional lawyers also commented on the matter: the elevator belongs to public facilities in the community, and the community property locks the elevator for only eight residents, which does not comply with legal regulations.
Netizens’ accusations came as floods. Due to the pressure of public opinion, the community property promised that they would re -communicate with the eight owners and remove the blockade of the elevator.
At this point, this incident is finally over.Through this incident, we can explore the role of community properties in it.
The community’s property manager should be the service providers of all residents. In this incident, in the face of Ms. Li’s questioning, the community property answered is vague.
The property also pushed the skin, attributed the reason for locking the elevator to the eight owners, and threw the pot to others.This is not what a mature community property should do.In the incident, the community property seemed to be a "exclusive butler" of eight residents.
The community property should also be negotiated, and should properly handle the conflict between residents.In the incident, the two residents were almost fighting in the property office.Property staff still watched the responsibility of evasion, which was extremely negligent.
In addition, the community property is also a builder of the community. The countries are vigorously promoting the construction of a civilized community. Infrastructure construction is an important part of community construction., Get sense.
In this incident, Ms. Qian as a resident of the community. After the property was locked on the elevator, she chose to jointly conform to other residents to conjunctive power to comply with legal provisions and effectively safeguard her legitimate rights. It is worthy of praise.
In daily life, when we encounter things such as elevators are locked privately in community life, we must also learn from Ms. Qian to actively appeal and safeguard our legitimate rights and interests.
In this incident, the eight residents paid the elevator maintenance cost to ensure the normal operation of the elevator, which is in line with social morality and has a sense of social morality. Although the elevator lock is required to protect personal interests, the elevator as the public facilities in the community requires that the requirements are required to be required to be the requirements as a community.The lock is a wrong behavior and is not a perfect solution.
回 —— [· Case Review ·] – »
The elevator in this case belongs to the auxiliary facilities of the comprehensive building. During the design, it does not indicate that the shopping malls or eight owners and owners are not specified during design. The main body should be the owner of the community, not the eight owners who bear the cost of elevator maintenance.
According to Article 271 of the People’s Republic of China: Article 271:
The owner has the ownership of the exclusive parts of the residential and operating houses in the building, and has the right to share and manage the common parts other than the proper part.
The eight owners have no right to transform or have the elevator as their own.
According to Article 50 of the Property Management Regulations:
Public buildings and common facilities in the property management area shall not change their uses in accordance with the planned construction and co -use facilities.
If the owner really needs to change the use of public buildings and common facilities in accordance with the law, the property service enterprise shall notify the property service enterprise after handling the relevant procedures according to law;
If a property service enterprise does need to change the use of public buildings and common facilities, the owner’s conference shall be submitted to the owner’s meeting to agree, and the owner shall go through the relevant procedures in accordance with the law.
Article 51:
Owners and property service companies shall not occupy and excavate the roads and venues in the property management area without authorization, and harm the common interests of the owner.
Due to the maintenance of property or public interest, if the owner does need to occupy and excavate roads and venues temporarily, it shall obtain the consent of the owner committee and property service enterprises.
The "Regulations on Property Management" clearly stipulate that the owner has no right to occupy the elevator and occupy it without permission. Therefore, the behavior of the eight owners in this article is wrong and can make a slight penalty decision.
】 —— 【· Conclusion ·】 –
Society is a large leverage, and the balance of leverage is related to the harmony and stability of society.In order to maintain leverage, it is necessary to coordinate the interests of all parties in the society, and correctly handle the relationship between personal rights and obligations, public property and personal possession.
In this incident, the reason why Ms. Qian and eight users would conflict about the occurrence of elevators in the final analysis that there was no relationship between public and private.
The elevator in the community is a public property, and it should be open to all residents including Ms. Qian; and the cost of undertaking elevator maintenance involves the personal interests of eight owners. Both are right.
When dealing with this problem, the community property can actively promote the communication and dialogue between the eight owners and other owners.
Can all residents bear elevator maintenance costs together?Or can residents on the first two or three low -floors be taken to the stairs when the elevator is congested and let the high -rise residents take the elevator?
There are many solutions, but it is the least worthy to obey the opinions of one party to lock the elevator.Community properties should further optimize their own management mechanisms, give full play to their homework as the owner of the community, and the harmony and stability of the community with various owners, and promote the construction of the most beautiful community.
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