The property is not allowed to install anti theft nets, what should residents do

It is about the theft of a resident's home in a community, so he sued the property management company, saying that the property company did not allow residents to install anti-theft nets in the south window when residents moved in. The court ultimately ruled against the residents. The reason is that the thief is the only one who invades the theft, and the property has done its own work in the management of community security, both setting up gates and conducting necessary inspections, and the security service is only a preventive security activity implemented to maintain public order in the property management area, not for the personal security of the owner and the family.

Therefore, the defendant was not at fault in the property infringement of the plaintiff's house due to burglary and did not bear civil liability.

From a legal point of view, the court is not wrong in ruling this way, but I think the matter is not so simple. The key is to see whether the decision of the property not to allow residents to install anti-theft nets is reasonable and legal. First of all, the property company is the manager of the residential community, and the residents are the owners of the house.

Prohibiting residents from installing anti-theft nets for the sake of the beauty of the appearance of the community is undoubtedly a restriction on the residents' right to dispose of their own houses. It deprives residents of the right to improve their burglar prevention and prevent children in the house from falling down. Therefore, whether the residents of the community can install anti-theft nets and the consequences arising therefrom should be resolved through negotiation between the residents of the community and the property, and cannot be unilaterally prohibited by the property management company to take effect.

The court's judgment actually avoided the fact that the property prohibits residents from installing anti-theft nets on the impact on residents' ability to prevent theft. If the property management company does this legally, the property can do a lot of things: for example, prohibiting residents from drying underwear on the sunny side, prohibiting residents from using different decoration materials, and so on.

Of course, you can go further. The residents of the community are faced with a dilemma: installing an anti-theft net violates the rules of the property; If you don't pretend, the property will not be held responsible if something happens.

What to do? First of all, when the property unilaterally requires the residents not to install anti-theft nets, the residents require the property to bear the corresponding responsibility, or come up with a safe and credible plan to eliminate the danger (that is, there are anti-theft considerations, and there is also the possibility of preventing young children from falling from the building) - this responsible property is not allowed to agree to it anyway. There are only two things he can do:

One is to forcibly prohibit residents from installing anti-theft nets in the form of power outages, water outages and service outages, which is illegal, and the other is to recommend residents to install corresponding facilities indoors so as not to affect the appearance of the community. This proposal will undoubtedly significantly restrict the use of housing by residents, and no residents will take this approach. As a result, residents of the community can take the property to court or take the matter to the property committee.

The problem is solved.

Legal analysis: It is required that the installation of anti-theft nets cannot highlight the building façade and should be installed on the inside of the window sash; The design of the anti-theft net should leave an escape opening and install an anti-theft lock; The same building should use similar materials, colors, and style products; As a general rule, anti-theft nets are not allowed in newly built homes.

Legal basis: Civil Code of the People's Republic of China

Article 293: The construction of buildings shall not violate the relevant national construction standards, and shall not obstruct the ventilation, lighting and sunlight of adjacent buildings.

Article 294: Holders of immovable property rights must not dispose of solid wastes in violation of state regulations, or discharge harmful substances such as air pollutants, water pollutants, soil pollutants, noise, optical radiation, and electromagnetic radiation.

Article 295: Owners of immovable property rights shall not endanger the safety of adjacent immovable property by excavating land, constructing buildings, laying pipelines, installing equipment, etc.

Summary. Some.

According to Article 71 of the Property Law of the People's Republic of China, "the owner shall have the right to occupy, use, benefit and dispose of the exclusive part of his building." 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".

Install anti-theft windows on the outside of the windows that you have exclusive rights to, and you can use them independently and without interference from the property management company without endangering the safety of the building or harming the legitimate rights of other owners.

Is there a legal basis for the property management company to require residents to prevent the anti-theft net from sticking out of the exterior wall?

Hello dear! I am very happy to answer for you, I know Mr. Zhao, the special consultant of Jiaohu, you can call me Xiao Zhao. I've seen your question, and I'm sorting out the answer for you, so please wait a while

Some. According to Article 71 of the Property Law of the People's Republic of China, "the owner has the right to occupy, use, disturb and dispose of the exclusive department of the building." 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".

Install anti-theft windows on the outside of the windows that you have exclusive rights to, and you can use them independently without interference from Wukailu Industry Company if they do not endanger the safety of the building or damage the legitimate rights of other owners.

Dear, if my help has reached you, please give a thumbs up after you end the consultation with Huai Huai, if you have any other questions, please feel free to ask! Have a great day!

Summary. Pro, the owner has the right to occupy, use, benefit and dispose of the exclusive part of his building. As for the installation of anti-theft nets, first of all, it is necessary to ensure the safe production of the entire construction process, ensure the safety of fire protection and the personal safety of construction personnel, especially in high-rise residences; Secondly, pay attention to protecting the integrity of the building structure of public buildings and prevent decoration operations from leaving potential safety hazards to the building; Third, the operation should prevent the occurrence of things that damage the legitimate rights and interests of other owners; <>

Is it legal to buy a house property and not let the house install an anti-theft net?

Is it legal to buy a house property and not let the house install an anti-theft net?

Hello, dear, the owner of the property who bought the house and did not allow the installation of anti-theft nets in the house is illegal, and <>the owner has the right to occupy, use, benefit and dispose of the exclusive part of the building. As for the installation of anti-theft nets, first of all, it is necessary to ensure the safe production of the entire construction process, ensure the safety of fire protection and the personal safety of construction personnel, especially in high-rise residences; Secondly, pay attention to protect the integrity of the building structure of public buildings and prevent potential safety hazards to the building caused by the installation and repentance of land repair operations; Third, the operation should prevent the occurrence of things that damage the legitimate rights and interests of other owners; <>

Dear, the legal basis given to you is as follows: Article 272 of the Civil Code of the People's Republic of China The owner has the right to occupy, use, benefit and dispose of the exclusive part of the building. The exercise of the rights of the owner of the bridge shall not endanger the safety of the building and shall not harm the legitimate rights and interests of other owners.