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This needs to be done on your side of the balcony.
The renovation situation of the time.
Normally, the property will not interfere with the owner sealing the balcony. However, there will be corresponding specifications. That is, if the balcony is not sealed according to the unified standard of the property, some protective fences and other measures are needed. It's not that the owner can do whatever he wants.
The main consideration is safety, and the property is uniformly done, and there will be a safety assessment. If you do it alone, if you don't meet the standards and have an accident, the property will still be responsible, and you will definitely not be allowed to decorate it yourself.
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Hello, the property has the right to stop, because when the owner of the community decorates, the property is to supervise, if the owner has illegal decoration, such as sealing the balcony, etc., then the property has the right to stop, if the owner does not listen, the property company can also contact the law enforcement department to demolish, so it is recommended to negotiate with the property, do not appear illegal decoration.
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Whether or not balcony closure requires the strata company's consent depends on whether your residential strata agreement stipulates that balcony closure requires the strata company's consent. If there is no provision in the agreement, then the property company has no right to interfere with the enclosed balcony. However, if the agreement stipulates that the consent of the strata company is required to enclose the balcony, then the owner needs to obtain the consent of the strata company before the closure can be carried out.
In addition, if the property management company needs to maintain the unified management of the community, it can also put forward requirements for the closure of the balcony. If the landlord does not agree to these requests, then the strata company has the right to refuse to check in for the landlord.
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Legal Analysis: Determine whether the property has the right to restrict the owner from sealing the balcony on a case-by-case basis. If the balcony is an exclusive part of the owner's residential energy, not a common part of all the owners, and on the premise that it does not endanger the safety of the building and does not harm the legitimate rights and interests of other owners, the property has no right to restrict the owner from sealing the balcony.
Legal basis: Property Management Regulations
Article 2 The term "property management" in these Regulations refers to the activities of the owners through the selection of property service enterprises, and the owners and property service enterprises in accordance with the property service contract to repair, maintain and manage the housing and supporting facilities and equipment and related sites, and maintain the environmental sanitation and related order in the property management area.
Article 35 Property service enterprises shall provide corresponding services in accordance with the provisions of the property management service contract.
Where a property management service enterprise fails to perform the provisions of the property management service contract, resulting in damage to the personal and property safety of the owner, it shall bear the corresponding legal responsibility in accordance with law.
Article 47: The rights and obligations of property users in property management activities shall be agreed upon by the owners and property users, but shall not violate the relevant provisions of laws, regulations, and management regulations.
If the property user violates the provisions of these Regulations and the Management Regulations, the relevant owners shall be jointly and severally liable.
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Legal analysis: As the legal user of the residence, he has the right to decide whether to close the balcony of the residence according to his own needs, unless the owner infringes on the interests of other owners in the process of closing the balcony, or violates the provisions of the property management agreement.
Legal basis: Property Management Regulations
Article 22 The construction unit shall, before the sale of the property, formulate a temporary management statute, and make an agreement on the use, maintenance and management of the property, the common interests of the owners, the obligations that the owners should perform, and the responsibilities that should be borne in violation of the interim management statute. The temporary management regulations formulated by the construction unit shall not infringe upon the legitimate rights and interests of the property buyer.
Article 23 The construction unit shall, before the sale of the property, make the temporary management statute clear to the property buyer and explain it. When signing a property sale contract with the construction unit, the property buyer shall make a written commitment to comply with the interim management statute.
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Legal analysis: whether the property has the right not to allow the owner to seal the balcony should be determined according to the actual specific situation. If the balcony is the exclusive part of the owner's residence, not the common part of all the owners, and does not endanger the safety of the building and does not harm the legitimate rights and interests of other owners, the property has no right to restrict the owner from sealing the balcony.
Legal basis: Civil Code of the People's Republic of China
Article 271: The owner shall have ownership of the exclusive parts of the building, such as residential and commercial buildings, and shall enjoy the right of co-ownership and joint management of the common parts other than the exclusive parts.
Article 272: Owners have the right to occupy, use, benefit from and dispose of the exclusive parts of their buildings. The exercise of the rights of the owner shall not endanger the safety of the building and shall not harm the legitimate rights and interests of other owners.
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The property has no right to interfere.
The balcony package involves the façade of the building, belongs to the public part, and involves the interests of all owners, so some property management companies now restrict the owners from privately owning the balcony. The reason why the property management company prohibits the private balconies is also to take into account the overall planning of the entire residential area. For residents who seal balconies without permission, property management companies generally use persuasion.
According to Article 22 of the Property Management Regulations of the People's Republic of China No. 379: The construction unit shall, before selling the property, formulate a temporary convention of the owner, and make an agreement on the use, maintenance and management of the property, the common interests of the owner, the obligations that the owner should perform, and the responsibility that should be borne in violation of the convention.
Article 23 also mentions that the construction unit shall clearly indicate the owner's provisional covenant to the property buyer and explain it before the property is sold. When the property buyer signs the property sale contract with the construction unit, it shall make a written commitment to abide by the owner's temporary convention.
Therefore, if the owner has signed the Interim Owners' Deed at the time of purchase, it needs to be observed, but if the owner closes the balcony without involving changes to the walls of the house, he can close the balcony himself.
Because the Provisional Owners' Convention is a standard contract, the subject of the contract should belong to all the owners, and a violation of the Temporary Owners' Convention is a violation of the rights and interests of all owners. As a third party, the property management company has no right to sue the owner.
In addition, the Temporary Owners' Convention shall be valid until the establishment of a general meeting of owners in the community. After the establishment of the owners' committee, it has the right to amend the provisions of the Provisional Owners' Convention that it deems unreasonable. The owners' committee also has the right to decide to hire a new strata company and can also make new conventions.
In addition, if the owner closes the balcony and wants to make changes to the wall, it should be treated specifically. If the load-bearing requirements in the design of the house itself can not bear the closed balcony, the owner shall not close the balcony by himself, and if the owner closes the balcony by himself, the relevant administrative examination and approval of the relevant design unit and the construction administrative department are required.
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In terms of legal status, the relationship between the owner and the property management company is a relationship of entrustment and entrustment, and the property management company has no right to carry out compulsory management and restriction on the owner in the process of property service.
As the legal owner of the dwelling, the owner has the right to decide whether to close the balcony of the dwelling according to his own needs, unless the owner infringes on the interests of other owners in the process of enclosing the balcony, or violates the provisions of the property management agreement.
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