Ground floor residents usually do not use the elevator. They only need it in cases of special need. Will the amount of utility bills decrease if you provide evidence that the elevator is not in use?
General rule
As follows from the provisions of the housing legislation, the elevator is part of the common property of an apartment building. Therefore, according to the law, all residents of an apartment building are obliged to pay for it, regardless of the floor of residence, health status, the presence of minor children, elderly parents and other circumstances.
Going to court
Since management companies often do not meet citizens halfway on various issues in the field of housing and communal services, citizens are often forced to apply to the courts. But going to court in this case is actually futile. Having appeared in the courtroom with all the necessary evidence (which may include data from video cameras, testimony, written interviews, etc.), the judge will most likely make a decision not in favor of the plaintiff, unless, of course, the plaintiff wants to change the subject of the claim, which is quite allowed by the norms of civil procedure legislation. But this will be a completely different matter, clearly not related to the elevator.
Reasons for refusals
Russian courts strictly follow the letter of the law. Indeed, in the event of incorrect application of the norms of substantive or procedural law (as well as other grounds for cancellation or change), any court decision can be appealed, and the judge, as a qualified specialist in jurisprudence, is obliged to answer for his actions and decisions - so that they do not complain about him to the chairman of the court, to the qualification collegium of judges, etc. Therefore, in any case, residents will have to pay for the elevator, even despite the 1st floor and the fact that they do not use the elevator at all.
Public opinion
Residents of the 1st and 2nd floors have repeatedly applied to management companies, local administrations and government agencies with a request to exempt them from payment, because they actually did not use the elevator. To implement this goal, a bill was developed, but the State Duma nevertheless rejected it. According to the deputies, it is impossible to exempt some of the residents from paying for the maintenance of common property. This is why it is called “common”, so that all tenants pay for it. The Supreme Court came to the same conclusion in its ruling No. 22 dated June 27, 2017.
Recalculation and exemption from payment
Of course, it is possible to reduce the amount of expenses for maintaining common property. But it all depends on the specific case. Sometimes it is enough to double-check the correctness of calculations on the sent receipts. In another situation, you can remove unnecessary tenants from the registration register. And, if the family has a disabled person, you need to apply for a discount on the payment of housing and communal services. In the case of a large family, you should apply for a subsidy. Summarizing the above, we note that if you have to pay for an elevator that you do not use, this does not mean that you have no right to reduce housing and utility bills or be exempted from paying them. All cases are different.
