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the owners of the community were dissatisfied with the property's installation of elevator control devices.

going to court to request removal of the device

can such a request be supported by the court?

(image source: internet, please delete if infringed)

case brief

xu is an owner of a residential complex in linqing. xu claimed that a property management company in linqing city opened holes in the elevator cars and control panels of the residential complex without authorization, and installed elevator control devices one after another. owners can only use the electronic cards issued by the property management company to use the elevator, and can only reach their own floors, which seriously affects the daily lives of the owners. at the same time, the control device installed by the property management company was not approved in writing by the original elevator manufacturer, nor was it filed with the special equipment management department. it privately changed the original function of the elevator, posing the risk of elevator accidents. xu believed that the property management company violated the law by controlling the elevator without authorization. after many unsuccessful negotiations, he sued the court, demanding that the property management company remove the elevator control device and restore the original function of the elevator.

the property company believes that xu is only one of the owners in the community. he cannot represent all the owners in the community to assert their rights by requesting the removal of the ic card system installed in the elevator. xu is not qualified and his lawsuit should be dismissed. installing an ic card system in the elevator does not affect the use of the elevator or the normal use of the owner. on the contrary, it can prevent unrelated personnel from entering and exiting the unit floor at will, prevent the theft of the owner's property or other injuries, and actually play a security check function. when taking the elevator, pressing buttons and swiping cards are just a piece of cake, which does not affect the normal use of the owner, nor does it affect the neighbors meeting each other or the visits of relatives and friends from outside. the court is requested to dismiss xu's lawsuit.

court hearing

after trial, the court held that the ownership of the elevator in the community involved in the case is shared by the owners. it is a passenger elevator for daily use by the owners, not a freight elevator or an emergency elevator. according to article 278 of the civil code of the people's republic of china, the property company shall obtain the consent of more than half of the owners whose dedicated area accounts for more than half of the owners who participate in the vote when installing elevator control devices on the owners' daily elevators, and shall obtain authorization from a qualified elevator manufacturer for this to be legal.the property company's installation of elevator control systems in residential areas is a major matter of the owners' shared and jointly managed rights. the property company's actions were not authorized or agreed by the owners, and the actions were a restriction on the owners' actual rights.although it can objectively prevent the entry of outsiders, it also causes inconvenience to the owner's life and travel.the property company installed elevator control without authorization and without completing the registration and filing procedures for special equipment, which violated the relevant laws and regulations.the elevator control device should be removed and the elevator restored to the state before the elevator control device was installed.

after the verdict, the defendant was dissatisfied with the first-instance judgment and appealed to the liaocheng intermediate people's court. after trial, the intermediate people's court made a judgment, rejecting the appeal and upholding the original judgment.

judge's opinion

property management companies should comply with laws and regulations when providing property services. owners have the right to decide major matters within the building area and exercise voting rights.major matters concerning shared ownership and joint management rights must be confirmed by statutory resolution rules, otherwise the property company has no right to arbitrarily restrict the rights of the owners.

legal links

article 278 of the civil code of the people's republic of china stipulates that the following matters shall be decided jointly by the owners:

(1) formulate and amend the rules of procedure for owners' meetings;

(2) formulate and amend management regulations;

(3) electing the owners' committee or replacing the members of the owners' committee;

(4) selecting and dismissing property service companies or other managers;

(5) using funds for the maintenance of buildings and their ancillary facilities;

(6) raising funds for the maintenance of buildings and their ancillary facilities;

(7) reconstruction or reconstruction of buildings and their ancillary facilities;

(8) changing the use of the common parts or using the common parts for business activities;

(9) other important matters concerning shared ownership and joint management rights.

matters jointly decided by the owners shall be voted on by owners whose exclusive property accounts for more than two-thirds of the area and whose number accounts for more than two-thirds of the total. matters specified in items 6 to 8 of the preceding paragraph shall be decided upon with the consent of owners whose exclusive property accounts for more than three-quarters of the area and whose number accounts for more than three-quarters of the total. decisions on other matters in the preceding paragraph shall be agreed upon by owners whose exclusive property accounts for more than half of the area and whose number accounts for more than half of the total.

the following matters of the property management regulations shall be decided jointly by the owners:

(1) formulate and amend the rules of procedure for owners' meetings;

(2) formulate and amend management regulations;

(3) electing the owners' committee or replacing the members of the owners' committee;

(4) selecting and dismissing property service companies;

(5) raising and using special maintenance funds;

(6) reconstruction or reconstruction of buildings and their ancillary facilities.