既有住宅增设电梯的规范冲突与选择适用

Conflicts selection and application of rules in installing elevators in existing residential buildings

既有住宅增设电梯本是一项方便居民生活的政策,然而其实施过程中却往往导致邻里关系趋于紧张。此类纠纷源于各地政府出台的指导意见对增设电梯的投票主体及适用规则未形成一致,对损害补偿不均亦未予回应。既有住宅增设电梯的投票主体应限缩于存在利害关系的本栋业主间,投票比例的确定应在《物权法》第76条和第97条之间进行衡量。选择附条件的“双三分之二比例”更有利于破解现实难题,损害补偿则应体现业主间的差异化需求,如此方能保护少数业主的权益。

Installing elevators in existing residential buildings is originally a policy for the convenience of residents. But it sometimes leads to tensions between neighborhoods during implementation. These disputes originate from the difference of guidelines concerning the voting subjects and applicable rules of installing elevators in the existing resident buildings issued by local governments. And the lack of response to uneven compensation for damage is another cause. The voting subjects of installing elevators in existing residential buildings should be limited to the owners of buildings who have interest relationship in the same building. And the determination of voting majority should be judged between Articles 76 and 97 of the Property Law . To select the conditional “double two-thirds majority” is more conducive to solve practical problems. And the damage compensation should reflect the differentiated needs of owners, so as to protect the rights and interests of minority owners.