部分业主自发换电梯,其余业主事后要分摊费用吗?法院这样判→
新浪财经·2025-09-03 10:12

Core Viewpoint - The article discusses a legal case in Guangzhou regarding the replacement of an old elevator in a residential building, highlighting the necessity, legality, and rationality of homeowners collectively deciding to replace the elevator despite some dissenting opinions among the residents [2][5][6]. Group 1: Case Background - The residential building, known as "Yue Certain Pavilion," was built in 1999 and has 25 floors with 192 units sharing two elevators. The elevators were found to have significant wear and tear, necessitating replacement [3]. - Homeowners Chen and Liu organized a collective funding effort to replace the elevator, with 144 out of 192 homeowners voting in favor and paying their share before the contract was signed [3][4]. Group 2: Legal Proceedings - After some homeowners refused to pay their share, Chen and Liu took the matter to court, seeking payment from the dissenting homeowners. The first instance court ruled in favor of Chen and Liu, stating the necessity of replacing the old elevator [4][5]. - The second instance court upheld the initial ruling, emphasizing the importance of community cooperation and the need for safety in residential buildings [5]. Group 3: Legal Considerations - The court evaluated the legality of the homeowners' actions, noting that the absence of a homeowners' association or formal meeting did not invalidate the collective decision-making process, as a significant majority supported the initiative [6]. - The court recognized the rationality of the homeowners' decision to replace the elevator, framing it as a selfless act that promotes community welfare and safety [7]. Group 4: Implications - The case sets a precedent for how homeowners can exercise their collective rights in the absence of formal governance structures, reinforcing the importance of community engagement and cooperation in residential management [6][7]. - The ruling reflects a broader legal recognition of the rights of homeowners to make decisions that enhance safety and quality of life in their communities, promoting a sense of shared responsibility [7].