The Problem of Installing Elevator in Old Residence and Its Solution

Abstract

The installation of elevators in old residential areas is one of the important livelihood projects, and the voting rules for matters jointly decided by the owners have a significant impact on the process of the project. High-floor owners and low-floor owners often have difficulty reaching a consensus on elevator funding and compensation schemes. At present, in order to smoothly promote the installation of elevators, most regions have reduced the proportion of owners’ voting consent to “double two-thirds”, and the Civil Code has also modified the rules for the owners to jointly decide on matters. But new problems have arisen in protecting the interests of a small number of owners who oppose the installation of elevators. In the context of promoting the addition of new elevators to old residences, this article focuses on the protection of the rights and interests of the minority owners and tries to propose solutions which can coordinate the interests of the multiple parties. For example, if the resolution of adding new elevator has special impact on the proper exercise of the exclusive rights of the minority owners or infringes upon the legitimate rights of the minority owners, the special consent of such owners shall be obtained; legislations should respect and protect the remedies and compensation for losses of the legitimate rights and interests of the owners who object to the addition of new elevators, improve the revocation right of the owners and regulate the scheme of capital contribution and compensation, etc.