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On the second floor of the community, the fence of the public terrace was erected to illegally plant flowers. Can you handle it with the urban management bureau?
According to Article 15 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Housing Ownership Disputes:
Owners or other actors who commit the following acts in violation of laws, regulations, relevant national mandatory standards and management regulations, or in violation of the decisions made by the owners' assembly and the owners' committee according to law can be identified as other "acts that harm the legitimate rights and interests of others" as mentioned in the second paragraph of Article 83 of the Property Law:
(a) damage to the load-bearing structure of the building, damage or illegal use of electricity, gas, fire control facilities, placing dangerous and radioactive substances in the building, endangering the safety of the building or hindering the normal use of the building;
(two) in violation of the provisions of the destruction, change the shape, color and other damage to the appearance of the building;
(three) in violation of the provisions of the house decoration;
(four) illegal construction, renovation, occupation, excavation of public roads, roads, venues or other * * * parts.
In addition, the "rights and obligations" in the owners' convention also clearly stipulates:
1. Alter the structure and appearance of the building and its facilities (including external walls) without authorization. Colors, shapes and specifications of external doors, windows, balconies and other facilities. ), design purpose, function and layout, etc. ;
2. Digging, dismantling and building load-bearing walls, beams, columns, slabs and balconies inside and outside houses in violation of regulations.
So even if it is built on your own balcony, it is still illegal. If you feel that the balcony is not ideal, you must also check in advance whether there are any clauses prohibiting construction in the relevant treaties, or report the property, communicate with the property and developers, and go to the relevant departments for approval.
Building your own balcony depends first on whether there is a clause prohibiting construction in the relevant treaty. If not, you need to consult the property. Secondly, under the premise of not affecting the lighting and use of others, other owners will also report to the property, communicate with the property and developers in the property filing, and go to the relevant departments for approval.
Owners' convention is the management of property, safeguarding the legitimate rights and interests of all owners and property users, maintaining public environment and order, and ensuring the safe and rational use of property. Code of conduct for the use, maintenance and management of the property agreed by the owner. The owner has the obligation to do the following within the property scope:
(1) Changing the structure and appearance of the building and its facilities and equipment (including external walls) without authorization. Colors, shapes and specifications of external doors, windows, balconies and other facilities. ), design purpose, function and layout, etc. ;
(two) illegal chisel, demolition, erection, construction of housing load-bearing walls, beams, columns, slabs, balconies;
(3) occupying or damaging stairs, passages, roofs, platforms, roads, parking lots, bicycle houses (sheds) and other public places, facilities and public places (places);
(four) unauthorized damage, demolition, transformation of power supply, water supply, gas supply, communications, drainage, sewage, fire and other public facilities;
(5) It is not allowed to pile up articles, discard garbage and throw articles at high altitude;
(6) storing inflammable, explosive, toxic and radioactive articles in violation of regulations, discharging toxic, harmful and dangerous substances, and raising poultry and pets; .
(seven) trample, occupy green space, damage, graffiti landscape architecture sketch;
(8) Luanda, Luantie, Luanhang, and set up billboards that affect the objective appearance of the city or the appearance of the property;
(nine) parking vehicles and honking horns at will, resulting in noise exceeding the prescribed standards;
(10) using houses to endanger public interests or other immoral behaviors;
(1 1) Other acts prohibited by laws, regulations and government regulations.
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