加装电梯业主共同决定事项规则辨析

Analysis on Rules for the Joint Decision of the Owners of the Installation of Elevators

老旧小区加装电梯作为重要民生工程之一,业主共同决定事项表决规则对该项目进程影响重大。“一票否决权”造成老旧小区加装电梯推进困境后,大多数地区将业主表决同意比例下调为“双三分之二”,《民法典》也修改了业主共同决定事项规则,影响了加装电梯业主表决同意比例。调整后的加装电梯表决规则有利于促进加装电梯进程,但在保护少数反对加装业主利益方面产生了新问题。为保障少数业主权益,加装电梯决议对少数业主专有权正当行使造成特别影响或侵犯少数业主合法权利的,应经该业主特别同意。对反对加装业主合法利益损失的救济和补偿,立法上应给予尊重和保护,完善业主撤销权,配套补偿细则规范。

The installation of elevators in old residential areas is one of the important livelihood projects.The voting rules for matters jointly decided by the owners have a significant impact on the progress of the project.After the“one vote veto”caused the dilemma of promoting the installation of elevators in old communities,most areas reduced the voting consent ratio of owners to“double two-thirds”.The Civil Code also revised the rules on matters jointly decided by owners,affecting the voting consent ratio of owners who installed elevators.The adjusted voting rules for installing elevators are conducive to promoting the process of installing elevators,but they have new problems in protecting the interests of a few owners who oppose installing elevators.In order to protect the rights and interests of minority owners,if the decision to install an elevator has a special impact on the legitimate exercise of the exclusive rights of minority owners or infringes on the legitimate rights of minority owners,the special consent of the owner shall be obtained.The relief and compensation for the loss of the legitimate interests of the owners who oppose the installation shall be respected and protected in legislation,the owner’s right of cancellation shall be improved,and the compensation rules shall be standardized.