The problem has really given owners a headache for a long time. Even what is stipulated in the Property Law may not always be reasonable, with the first floor promising not to use the elevator, and tenants on the second floor or above using the elevator can do so with a card or fingerprints, and there is a camera in the elevator to supervise those who are using the elevator.We all know that the cost of the elevator includes a one-time installation fee, subsequent electricity, regular maintenance and inspection fees and troubleshooting fees. The one-time and subsequent costs are still quite a lot, the first floor will become more and more unbalanced if it pays the same fees as other floors. Therefore, in order to solve the problem, we should also consider the actual needs of the owners and the relevant provisions of the Property Law.。

Put yourself in the owner's shoes

1. Unless there is an underground garage, the first floor to pay the elevator fee is unreasonable: First, the elevator and other public facilities in the district is different, the elevator is a specific service object, not all the owners; Second, the skewer is also used as a daily basis is wrong, the first floor to go up to the skewer, the equivalent of being skewered by a family of friends, the cost of being skewered by a family of money; Third, forced to charge the first floor of the property industry is forced to use the elevator, had to press a button on each floor during peak hours. The first floor owners are forced to use the elevator and have to press the buttons on each floor during peak hours.

2. If you can't pay on the first floor, can I pay less on the second floor because I use less electricity than the tenth floor? And so on are the payment standards different for each floor? This would be a total mess, and simply can not be implemented. Generally the price of the first floor will be relatively cheap, there are light reasons, but also taking into account to pay the elevator fee will be cheaper, the price of housing is a comprehensive value, you buy when you have to fully assess whether the price is reasonable, feel unreasonable can not buy.

3. Property owners claim that the elevator is a public service facility for tenants including those on the first floor, but in reality, the elevator is not for the first floor. How can some people say that the property owners have provided the service without enjoying it, as the elevator was originally provided for tenants on the first floor or above. People on the first floor may have to visit the homes of tenants on the second floor or above and take the elevator, but this is not a reason for paying elevator charges, and logically speaking, it does not work.

For example, if a relative comes to visit a household on the 2nd floor or above, do they still have to pay the elevator fee? In layman's terms, the elevator is the cost of going back to your own home to take the elevator, not the cost of going to someone else's home to take the elevator, you go to the home of the tenant on the 2nd floor or above, the tenant on the 2nd floor or above has paid the elevator fee. In short, the elevator is a service provided to residents above the 2nd floor, not to the first floor residents, so there is no such thing as providing a service to the first floor residents without enjoying it.

4. I am also a first-floor tenant. We used to pay thirty percent of the elevator fee on the first floor, but this year the property owner suddenly wants to collect the full amount and charge the same as the upper floors, which is not reasonable in my opinion. I insist that it is reasonable to pay thirty percent. Because the elevator belongs to our public property, this thirty percent belongs to the elevator maintenance, repair, annual inspection, etc. Seriously, I do not go up a few times a year.

Other costs should be who benefits who pays. Property said I bought an elevator house, there is an elevator you do not have to pay, the service provided to you you do not use that is your business, then if you live in the building a lady, every day to your home to give you money, you say I do not use, people also said that the service is provided, if you do not use that is your business, do you think it is reasonable? I think it is better to choose in the spirit of who benefits, who pays the fee, high-rise you use frequently you pay the full amount, a layer of less use should pay less.

5. Now the property charges a lot of is not reasonable, I live in the six-story to the top of the first floor of the house, fortunately not charge the elevator use fee. Now a uniform income property fees based on the size of the owner's unit is extremely unreasonable. The cost of the property is the cost of service and consumption of public space, and has nothing to do with the size of the owner's private area. The cost of property services and residential population is more related to the frequency of use of the elevator and residential population, especially the group of tenants unit area is small population.

Add to that the high demand for take-out and it's a disaster for the elevator. According to the actual resident population to collect property fees is relatively fair, but the operation of the trouble, charged by household than by area income fair, and simple operation. Idle empty rooms according to the heating report to stop a certain percentage of income from property charges is more reasonable, but taking into account the hoarding of speculation in the punishment is not justified. Suggested that the state to convene a hearing on the issue of property charges, to explore a more reasonable way of charging, reduce conflicts, and strive for harmony.

6. Now most of the elevator is to brush the card into the elevator, how to brush the first floor, the first floor of the user can be nothing to other floors of the tour, the first floor of the card is omnipotent, the first floor of the purchase of a house is already assessed part of the elevator is enough, that is, the cost of the fee and the common area, why also pay the maintenance fee, even if it is their own things, can be given up, bought a house to live for decades, a time is not to be used, indeed, to pay for decades! The first thing you need to do is to go to the center of the room and ask for the money to be paid.

There are also older neighborhoods that were not designed with the installation of elevators in mind, so there are no elevator locations reserved at all. New high-rise residential buildings do not have this problem, and the elevator will not affect the light, noise and vibration of the residents on the first floor. Residents will also consider the cost of the elevator when purchasing a floor, and the choice is entirely voluntary.

And the installation of elevators in old neighborhoods due to the above objective reasons on the first floor tenants certainly have an impact, coupled with the first floor tenants of moral abduction, or even forced, is extremely unfair. Installation of elevators is an infringement on the private property of the first floor tenants, to put it mildly, it is illegal construction.

7. The first floor to pay the elevator use fee I think is not unreasonable, not 100%, only that the first floor users will use less, for example, you are a user of the first floor, you just bought a house, home renovation, your renovation materials, sand, cement, those. After the renovation, furniture, electrical appliances and those, shall not be from the basement into the elevator, because now a lot of things from the basement into the community generally do not let into the car.

Plus, you're still a first floor user, your car is parked in the basement, don't you use the elevator to get home from the basement? Some dead lifters say I just don't use it. I'll just take the stairs, don't reply. So the user of the first floor in the end to pay the elevator fee, do not have to force to pay with the upper floors of the residents of the same cost, but the appropriate payment or can be, should be less than other floors.

So the problem is not a monster industry, property charges elevator fees have a legal basis, China's property law, the general principles of civil law, property management regulations for property charges elevator fees provide a legal basis, want to fight the lawsuit may not win. Besides, when you buy a building will generally sign the owners' covenant and property service contract, then it should be clear that you buy the building is to pay the elevator fee.

And The vast majority of elevator fees by floor pricing, the lower the floor to pay less, the first floor is not should not pay, but should pay the lowest. The elevator is a common facility for all owners, its property rights belong to the owners, the first floor to buy a house naturally have a share, that is, the first floor does not use, your home elevator every year, but also annual inspection, but also to maintain, the first floor should also do their obligations, who let you buy the building, including the elevator, your home, you say don't want to don't may be?

8.Nowadays, elevators are all card-operated, and other neighborhoods are bound by four laws, the Property Law, the Property Rights Law, the Fire Services Law, and the Civil Law. Property always take the property law 72 provisions, but do not know that the court will also end up with the general principles of civil law, who benefits, who pays for the principle of denial of property rights 72.

Common area common area is all owners, attached to the necessary equipment maintenance to be paid, the property fee includes this content, because it is not possible to determine whether to use. Property owners also act on the principle of whether or not it can be mediated. Why the elevator is charged separately, because it is not included in the property fee, precisely because it is a unit to benefit, a unit of equipment.

9. Buy a card to use the elevator, use more times to pay more electricity, do not use not pay, the most reasonable. Live one floor without elevator, he lives 20 floors and a day with an average, two people in the morning, in the evening, after dinner to practice the body, a total of 12 times with the elevator, according to each floor 2 households * 19 floors * 12 times a day, you calculate how much expense , to spread such expenses to a person who does not use the elevator, this is reasonable?

The district and the court found that a layer of elevator fees, which is a peace of mind, you are good, in fact, everyone is good, that is, a layer of bad, there is no place to apply for suffering, is a vulnerable group.

For example, a friend of mine, who lives on the first floor of a high-rise, did not want to pay the elevator fee, the property and other floor owners did not agree, the old man had to pay the elevator fee. A few days later, many owners went to the property owners asked not to charge the old man's elevator fee. It turned out that in the morning to go to work in the time the old man took the elevator floor by floor are pressed again, sit to the top floor and sit down and also pressed again, so repeated a few times, so that many people are late for work.

Put yourself in the shoes of the property

1. General purchase of commercial housing, the first floor of the overall average price will be relatively low, so I personally recommend that the developer in the early stages of construction, the first floor balcony to expand a little more, relative to the second floor of the house above some area, or the same area for sale; so that the upstairs does not have the first floor, and the upstairs elevator is needed on the first floor does not need, so that it will form a relatively balanced state of mind, but also more convenient to the management of the property in the later stage. This will form a relatively balanced psychological state, which is also more convenient for property management at a later stage.

2. The first floor tenants should bear the cost of the elevator. First, the elevator belongs to the community internal channel, with public property. Is the community's public facilities, and not a building which floor dedicated, express, property maintenance and other social services personnel can be used by anyone, the first floor tenants do not use, just to give up their rights, but can not be used to avoid obligations.

Second, the first floor tenants in the signing of the purchase contract has accepted to assume the conditions of the community utilities (including elevator fees) related costs. Refusal to bear the contract is a breach of contract. Third, if you do not use the elevator does not bear the elevator fee reason is established, then most of the land of the entire district is occupied by the first floor tenants, upstairs tenants can not bear or less bear the land use fee. Obviously not.

3.Personally think to pay, the first you live in the building itself belongs to the elevator room, the second, if you go to find friends and relatives and so on also need to use the elevator, third, anything has to have its rules, you do not pay the first floor, my second floor is not it can can only pay the floor (floor) one cent, or simply take the stairs.

Rules a broken mess, can not collect enough fees who will maintain the elevator, who is responsible for accidents, want to call others responsible and do not want to pay. In fact, in many places in the South, as long as you buy such a high-rise building, all the costs are merged together in accordance with the prescribed standards for the collection and payment of property costs, there is no separate charge for the elevator, sanitation, security, water, secondary pressurization and other costs.

As for the later if the owners need to share the elevator overhaul fee, those who do not use the elevator can not share the overhaul fee. Regarding the separate collection of elevator fees, it is the irregular property companies in the north that have deliberately split the concept of property fees for their own petty profits and caused quarrels between property companies and owners.

4. Let those who say if they pay it's okay to press 1-penthouse, take out the purchase contract and see for themselves, it says there is an elevator room no? The first floor of the house is the first floor of the house, and the first floor of the house is the first floor of the house. When you buy a house, we all know that the first floor is cheaper, why is it cheaper? It is the elevator room on the first floor, you can not buy ah. Bought to undertake the obligations of the contract, you take advantage of the cheap, you have taken advantage of the benefits, the results of the cheap still sell good?

Nowadays, neighborhoods have negative 1-4 floors of parking. You don't even have parking on the first floor? And no parking? Well, you said no parking, and then you take the stairs, so all the elevators in the upper floors don't use the stairs. Your first floor is not the cost of building all the stairs. There are really people who do not have a car, then your first floor to go home you have to go in through the gate of the neighborhood. Relatively many high-rise parking to take the elevator will not go to the community gate, there are not as many as the first floor.

Let's say a room on the first floor of a person living, a room on the upper floors of a person living, the upper floors of the elevator from the parking lot, the first floor of the person still have to walk through the gates of the community through the green, before they get to their own homes. Then the first floor of a person also enjoys the green, then he must be burdened with the cost of hey high-rise more ah.

However, the common area of the neighborhood such as greenery is the same from the first floor to the top floor. So the first floor and take advantage of the cheap, since so many cheap, still taking the elevator fee. All the benefits of the first floor are based on the elevator room, when you buy an elevator room on the first floor is also cheap, so take a good look at the contract.

The first floor in the end should pay the elevator fee, this has been a more controversial issue, it is reasonable to say that the users of the 1st floor almost do not use the elevator or the number of times the elevator is very small, so it should not be paid, but according to the "Property Law" stipulates that: the owners of the building other than the proprietary part of the common parts of the common parts of the building, have the right to bear the obligations, shall not be waived to not fulfill the obligations.

In accordance with the provisions of this law, the exclusive part of the residence by the property owner is responsible for the maintenance and management of the shared part of the residence by the property management enterprise is responsible for the maintenance and management of the costs shared by all property owners, naturally, the elevator operation and maintenance costs should be shared by all property owners.

But according to the principle of whoever uses the elevator is responsible for it, it is obviously unreasonable if users on the first floor have to bear the elevator charges even though they have not used the elevator. For example, if we go shopping, we have not bought anything, so why should we pay for it? By the same token, for a building user who does not use the elevator, why should he or she share the cost to help others pay for it?

So for the 1st floor users should pay the elevator fee in the end there is a big controversy, and the local regulations are not the same. Some places are clearly in accordance with the relevant provisions of the property law to implement, while some places will introduce local regulations.

For example, according to the "Qingdao Municipal Price Bureau Property Service Charges Management Measures", the owners of residences with elevators should pay the elevator operation fee. At the same time, the scope of exemption is clearly defined, namely: before the establishment of the owners' meeting, the starting floor of the elevator is residential, exempt from the elevator running costs of the starting floor of the elevator residential owners or property users; after the establishment of the owners' meeting, the scope of the exemption from the elevator running costs is determined by the owners' meeting in consultation with the property service enterprises.

According to Qingdao's management method, if no owners' association has been established in a certain district, then users whose elevator starting floor is the 1st floor don't need to pay the elevator fee.

However, in practice, different districts may not have the same regulations, as for the first floor of the user should pay elevator charges, I think we have to follow the actual situation to determine.

In the first case, if there is a basement on the floor and the elevator goes to the basement, the user on the 1st floor should be responsible for the elevator fee.

Nowadays, many high-rise neighborhoods have basements, these basements are usually mainly used for parking lots or storage rooms. These common spaces are actually often used by users on the first floor, so in accordance with the principle of who uses who pays, the 1st floor users must bear the cost of the elevator.

In addition to the basement, there are currently a lot of districts where the roofs are open, mainly for putting solar energy or for drying clothes. This kind of open roofs, in fact, will be frequently used by the users on the 1st floor, so they should also bear the elevator charges.

In the 2nd case, the elevator has a source of advertising revenue.

Nowadays, the elevators inside many residential buildings actually have advertisements, and the income from these advertisements generally belongs to all the owners in common, and is mainly used for the daily expenses of the owners, including the daily maintenance costs of the elevator. If this elevator advertising costs more, the money is used to other places other than the elevator maintenance, then the users of the 1st floor will also enjoy these rights and benefits, corresponding should also bear the corresponding costs of the elevator.

In the third case, the building does not have a basement or an open roof, the users on the first floor do not use the elevator at all, and the elevator's advertising costs are very small, and are only used for routine maintenance of the elevator is not used elsewhere, so the users on the first floor should not have to bear the cost of the elevator.

Of course, for those districts with an Owners' Committee, as to whether users on the first floor should be charged elevator fees, it should be voted on by the Owners' Committee, and if the Owners' Committee has made the relevant decision and made it public, then it will be enforced in accordance with the relevant provisions of the Owners' Committee.

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First floor owners, why pay the elevator fee, this is the situation and the law between the contest, if the property is more concerned about the situation which can pay less or not pay the elevator fee, if the property is more concerned about the law, then the first floor must pay the elevator fee, regardless of whether the elevator has been used.

According to the Property Law there is no explicit provision that the first floor must pay the elevator fee. But ‍ Article 72 of the Property Law stipulates that the owners of the common parts of the building other than the exclusive part of the building, enjoy the rights and bear the obligations; shall not waive the rights not to fulfill the obligations. Even if the residents do not use the elevator, they should share the cost according to the area of the housing, which of course includes the shared elevator.

If the first floor tenants said not to use the elevator will not pay the elevator fee, then the upstairs owners will say that they do not use more than one flight of stairs ah, is not the purchase of the area to reduce this, the landscape within the area of the green far from their own homes, do not go to see, is not the property fee is not to pay this part of the money? So the first floor tenants say why should pay the elevator fee, in the property service is in place according to the community is impossible, only in which the property management ability is not general, community management is not in place, the property in order to collect other costs, as the first floor tenants do not pay the elevator fee, the property is also open to a closed eye over, we do not say who do not know about this matter, plus the use of the property fee details and do not The property owners are not sure whether to pay the elevator fee. Property in order to solve this problem so came up with the ladder control approach, want to use the elevator to pay, do not want to use the elevator to not pay, save every day and the owners quarrel theory of this matter.

I don't use it, so why should I pay for it? In fact, many people in many public programs are very vague about how these things relate to their interests.

Like the installation of elevators and the payment of elevator charges, many people on the first floor think that I do not need to pay if I do not use them, and their essence is that they think that it is none of their business if it is inconvenient for people living upstairs.

Can be analogous to another example, that is, the old lady of the neighborhood think I do not surf the Internet, you install 5G base station I do not agree, and then the neighborhood can only continue to use the old 2G base station.

Other people have to go online, the network signal here is poor, this neighborhood may house directly depreciate in value, or even substantially depreciate in value, this old lady also likewise suffered a huge loss.

And the same, as the community's basic services facilities of the elevator, at least, is an important means of preserving the value of the community's property, you have an elevator, the elderly can also buy higher floors for retirement, no, the young people may not even be very willing to live.

Elevator fees a year is not a few dollars, but who is not willing to pay for others, but if you realize that, if you do not install the elevator, their own house community may not live in the future, even if they are 1 floor, occupancy rate is very low in the community who want to buy will weigh, and ultimately lose out on their own.

Knowing that this elevator fee is in his favor makes him more willing to pay it.

And do not talk about this big interest that affects housing prices, do not pay the elevator fee, they have nothing to do with the elevator, the elevator is built where, what and their own disputes, as long as it does not involve the rights of the place is not clear, the phenomenon of a large number of inconvenience or even add to the blockage to their own, their own is not qualified to go to the negotiation, because it has nothing to do with the elevator, the people's elevator, it's none of your business.

I don't know much about the specific legal aspects, so I'll speak purely from the level of a homeowner!

The elevator belongs to the category of infrastructure, and whether the infrastructure is perfect is in fact a direct relationship with your home prices, in other words, your house can sell this price, with the elevator green and the surrounding traffic is closely related.

Sure, you didn't think about buying a house, just living in it, but it counts as a fixed asset in your personal wealth.

So although you usually do not use the elevator, but its ownership is also a share of you, you enjoy the rights should also fulfill the corresponding obligations.

So the elevator fee should be paid? Yes, but this elevator fee for what purpose the owners should also play a monitoring role.

And the elevator is common to all owners, and all the revenue it generates should also go to all owners.

So what can be gained from an elevator? Do you have advertisements in the elevator in your neighborhood? If there is, there must be revenue. Go to the property and ask how much money is generated and how it is spent. Trust me! That's enough money to offset the elevator bill.

If the property does not cooperate, you can request the relevant legal assistance, free of charge Oh!

If there is no first floor, how can there be a second or third floor? This is the reason to pay the elevator fee! If you don't want to pay the elevator fee, there's only one way to do it: make your own house or don't buy an elevator house.

Commentator Chang Chang:

I'm happy to answer, "I live on the first floor, why do I have to pay for an elevator". This question. I think this is the charge of each property to the standard, some property regulations on the first floor to pay the elevator fee, some community property can not pay the elevator fee. I think in order to standardize the management, it is necessary to pay the elevator fee, it is not possible to destroy the principle for the sake of one family, of course, if a community property does not require residents on the first floor to pay the elevator fee, indicating that the community property services are more comprehensive.

Some time ago, I saw a question was: "I live on the third floor, but the toilet is clogged, can we find the upstairs of the equal share of the cost of the toilet." Everyone for this question is also a variety of opinions, some people say that if you can can find their own floor above the tenants to equalize the cost, the first floor of the tenants can never incur the cost of the toilet. But do not be afraid of trouble, every household upstairs need to agree to implement, this is a need to do other people's thought work, if you are eloquent, time enough, not afraid to be crowned with inexplicable hat is also a challenge, but the normal situation should be the first to find a property to solve the problem, if it will really incur the cost of the words, on their own out of pocket, don't add to their own blockage to others to find trouble.

This one actually has a great deal of irrationality, from the addition of an elevator to the apportionment of costs. Including the provisions of the law, which are likewise not very reasonable.

1. Article 72 of the Property Law stipulates that owners have rights and obligations with respect to the common parts of the building other than the exclusive parts; they may not waive their rights without fulfilling their obligations. Even if the tenants do not use the elevator, but also according to the housing area should be shared costs, which of course also includes the common elevator.

2, not the first floor absolutely do not use the elevator. It is not that the upper floors absolutely use more elevators.

Many top floors are open, and in the era of no elevator, the first floor definitely rarely went to the top floor. With an elevator, on the contrary, they are more on the use of the elevator, because they often go to the top floor to dry clothes and bedding, and even walk and dance ......

The floor of the retrofitted elevator, generally below the 9th floor, was considered by the owners at the time of purchase, and they originally did not consider taking the elevator, especially the working class, due to less physical exercise, they especially like to climb stairs, so even if there is an elevator, they will climb stairs without using the elevator.

3. The number of family members is related to the amount of elevator usage. More people, definitely the elevator usage will be large, less people, should be less.

4. The current equal sharing of elevator usage charges, including electricity charges, maintenance and repair charges, is absolutely unreasonable. The real reasonableness is that it should be apportioned according to the amount of use. As in the case of public transportation, swipe card consumption, according to the use of the length of time to share the cost of electricity and share the cost of maintenance and repair, which will be biased towards some reasonable.

5. Another public electricity bill apportionment as well. Some time ago, I sent a letter to the power company, said my house for nearly 20 years have not lived much, inside a refrigerator, the monthly electricity bill is only 10 degrees, but the monthly share of the public electricity bill of 30 degrees (including the staircase lights, elevator fees, pump room electricity, etc.), I said with them, I do not live here, the electricity bill is only a small refrigerator, the water for 0, how can the pump of the electricity bill also have to be borne by me?

They also say it's not reasonable ...... I wonder if it could be changed to be more reasonable.

I think the key to reasonableness lies in three points:

(1) whether the elevator has direct access to the basement, at present, many buildings are elevators directly to the first floor, the second floor or even the third floor, living on the first floor of the user, in fact, also quite a number of will use the elevator to go down to the basement, so there is a direct access to the elevator is in fact to pay elevator fees are reasonable;

(2) Whether the rooftop is open to the public. If the rooftop of the top floor is open to the public and used for drying quilts and the like for the owners, then the owners of the first floor will also use the elevator and it is reasonable to pay the elevator fee;

(3) Is the advertising revenue of the elevator taken away by the property or belongs to all owners? If the property is taken away, then it is justifiable not to pay, if it belongs to all owners, then enjoy the rights and interests, it is right to bear the obligations.

From the legal level:

Article 72 of the Property Law of the People's Republic of China: Owners enjoy rights and bear obligations in respect of the common parts of a building other than the exclusive parts; they may not waive their rights without fulfilling their obligations. When an owner transfers a residence or business premises in a building, his or her rights to the common parts of the building and to the common management of the common parts shall be transferred together.

The elevator belongs to the common parts, so the property can be based on the provisions of the Property Law to answer: the owner can not waive the right to not fulfill the obligation, so pay the elevator fee.

If you are satisfied help to like it, thanks.

Why don't you share the elevator bill just because you don't use it? It doesn't make sense. It's a public elevator. You can't just not pay for it because you don't use it! We used to go out of town to dig the river. Did we use it? Didn't we use it? If we don't use it, what do you think we should do? How can we do our work?

We can not take a small man's heart to measure the gentleman's heart, do people if too selfish is not good, like our family repair sewer, my house next to the street, next to the sewer, repair I do not have to, but still take the money, all around took the rest of your own, you say ugly? Tell you can't stand on your own feet, shame on you!

We have to fit in. We do what everyone else does. Are you the best? Do you promise not to use the elevator for the rest of your life? Don't you want to be a stranger? In short, we have to actively participate in the matter, this is not a matter of money, this is the quality of people, you do not take a try to see how many people behind your back to scold you, it is not worth it, this is the matter of the group, actively participate in it.

You mean you have to use it yourself before you take the money, which makes no sense, you can't all experience it in many cases! When we buy a building, why is there common area, why is there a green belt, these places are shared equally, you can not say I do not walk in the neighborhood, I do not share, you say okay?

You can't be catty, it makes sense a lot of the time, it's just that each of us doesn't understand it, it's all a result of selfishness, only people with a collective consciousness in their hearts can do well and be respected.