The addition of elevators to existing residential buildings requires a valid resolution from the owner,and the effective achievement of the owner's resolution involves issues such as the scope of own-ers who have voting rights,the voting ratio for the establishment of the resolution,and whether the owner with damaged interests has veto power.Based on the logic of condominium ownership and collective action,when distinguishing units in a building,the added elevator is a common part of the unit owner,therefore,the owners in the units where elevators are planned to be added should vote to decide whether to add the el-evator.However,if the addition of elevators need to occupy the public land in the community and does not belong to"reasonable utilization",the resolution of all owners of the community is also required.The high transaction cost of joint ownership,the impact and value of adding elevators,as well as the"renovation"attribute of not producing new objects determine that the establishment of the decision to add elevators should comply with the special majority rule of Article 278(2)of the Civil Code.If the damage caused by adding an elevator to a specific owner is judged to exceed the limit of the obligation to tolerance according to the principle of interestsbalancing,the owner with damaged interests has the right to veto the resolution to add an elevator passed by the vote.Otherwise,the owner with damaged interests can only veto specific plans for adding elevators that do not comply with the principle of proportionality.
关键词
加装电梯/业主决议/相邻关系/容忍义务/利益衡量
Key words
The Addition of Elevators/The Owner's Resolution/Adjacent Relationship/Obligation to Tolerance/Interests Balancing
维普
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