Why does the property insist on not allowing the balcony to be sealed?

Property does not allow closed balconies to be determined on a case-by-case basis:

1. If the balcony belongs to the exclusive part of the owner's residence, not the common part of all the owners, and on the premise that it does not endanger the safety of the building and does not damage the legitimate rights and interests of other owners, the property has no right to restrict the owner from sealing the balcony;

2. If the balcony closed by the owner belongs to the common part of all the owners, the owner has no right to close the balcony without authorization, which is a violation of the provisions of the property contract;

3. If the owner and the property company signed the "Property Management Service Contract" stipulates that the owner decorates and decorates the house, he shall comply with the regulations and the "Decoration and Decoration Management Rules" of the community, requiring that "the owner shall not close the balcony or platform without authorization, shall not build any structure on the balcony or platform, or change its appearance color, shall not install anti-theft nets or protective fences", the owner shall not close the balcony without authorization, and the property has the right to stop.

Property Management Regulations

Article 9. A general meeting of owners is established in a property management area.

The division of property management areas shall take into account factors such as the common facilities and equipment of the property, the scale of the building, and community construction. Specific measures are to be formulated by provinces, autonomous regions, and municipalities directly under the Central Government. Article 17.

The management agreement shall stipulate in accordance with the law 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 management regulations.

Management regulations shall respect social morality and must not violate laws or regulations or harm the public interest.

The Management Agreement is binding on all owners.

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.

1. How to solve the problem that the property does not seal the balcony.

1. There are generally four solutions to the property not to seal the balcony. The details are as follows:

1) Resolve the matter through friendly consultations;

2) to resolve the matter through various mediations;

3) Resolve the issue through the police station;

4) Conduct a civil lawsuit to resolve the issue.

2. Legal basis: Article 4 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Dispute Cases.

Where the property owner violates the property management service contract or laws, regulations, or management regulations by carrying out acts that obstruct property management services and management, and the property management service enterprise requests that the owner bear the corresponding civil liability such as restoring the original state, stopping the infringement, or removing the obstruction, the people's court shall support it.

Second, is it illegal to open the balcony on the first floor?

The opening of the balcony on the first floor is illegal without the consent of the property and relevant departments. Because opening the door on the balcony is bound to change the appearance and structure of the house, which will not only affect the consistency of the appearance of the commercial house, but also may threaten the safety of other owners of the unit, so without the consent of the property management company and the housing management department, the owner cannot make changes without authorization, even if the construction has been completed, it must be restored to the original state. Unless you negotiate with the property, pay for the purchase and sign the contract, you need to apply for a new title certificate.

Illegal construction mainly refers to buildings and structures built without the approval of the competent department of planning and land, without obtaining a planning permit for construction projects or a planning permit for temporary construction projects.

Many families with children, for the safety of children will seal the balcony, not only for the safety of children, but also to prevent thieves from entering the home from the balcony to steal, and protect the financial and personal life.

1. Are there any regulations for sealing balcony properties?

1.From a legal point of view, the relationship between the head of the household and the property company is that of the entrustment and the entrustment, so the property management company cannot use compulsory management of the head of the household in the service of the community.

2.The head of the house is the legal owner of the house and can close the balcony according to his own needs, but if the owner harms the interests of others when closing the balcony, or violates the terms of the property management regulations, then the property will have the right to require the head of the house to rectify.

2. The property of the community is responsible for the management of matters.

1.The use and management of all houses in the community, as well as the repair and maintenance of the common use part.

2.Management, maintenance and repair of all roads, public lights, water supply, power supply, drainage, parking lots, fire protection, security, public facilities and equipment in the community.

3.Regular maintenance of the greening of the community, environmental protection, sanitation and cleanliness, that is, the maintenance and management of the overall appearance of the community.

4.The most important thing is to ensure the safety of the community, strictly control the entry and exit of people and vehicles, and maintain the security and traffic of the community.

5.It is also necessary to collect and pay water, electricity, gas, communication fees, etc.

6.The management of parking lots and parking garages, whether the vehicles are parked reasonably, and whether others are not allowed to deliberately damage the owner's vehicle.

Summary: The above is the article shared for you today, is there any provision for sealing the balcony property and the management of the community property, the property does not have clear provisions on the sealing of the balcony, but the sealing of the lead Youhui balcony also needs to be operated, and it can not damage the interests of the public area or neighbors, if there are these behaviors, the property will come forward to control. For more related content, please continue to pay attention to Qeeka Home.

It's supposed to be a balcony, right? There are many reasons why the property does not allow the balcony to be sealed, 1. The developer will inform the property that the balcony cannot be closed according to the load-bearing situation of the balcony. 2. The gas company also does not allow the owner to close the balcony of the house with gas pipelines.

3. The balcony shall not affect the unity of the overall façade of the house in accordance with the provisions of the national housing decoration management measures. 4. There are potential safety hazards, such as installing anti-theft windows after you close them, and the thief has the tools to climb, which is not safe for the upstairs owner. It will also lead to other owners for their own safety to install, so that the weight balance of the whole building will be broken, and the service life of the house will be shortened, such as the two buildings that collapsed in Hangzhou, because the owners installed and dismantled the load-bearing structures at will, resulting in collapse, and finally the owners only have their own losses.

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.

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.