Is there a legal basis for owners not to install solar water heaters?

There is a legal basis. According to the sixth chapter of the Property Law, the owners' buildings are divided into ownership.

Article 70 The owner shall have the ownership of the exclusive part of the building such as the business building, and the condominium of the * * * part other than the exclusive part.

Article 73 Roads within a building division belong to the owner, except those belonging to urban roads. The green space in the building division belongs to the owner, except the urban public green space or the express individual. Other public places, public facilities and property services within the building division are owned by the owner.

Therefore, it is not allowed to install solar water heaters in some public places of the owners, otherwise it will infringe on the public rights and interests of all owners. If it is to be installed, it must be approved by all owners.

Extended data

Owners want to install solar water heaters: all owners need to sign and agree.

"Now Wuhan is building a' two-oriented' society, but the owners want to install solar water heaters, and the property has not allowed it." Yesterday, Mr. Hu, the owner of Qin Tian Garden Community on Changfeng Avenue in Qiaokou, complained discontentedly to our hotline.

Mr. Hu said that at the beginning of last year, after he moved into Floor 9 18 of Qin Tian Garden Community in Qiaokou, he bought a solar water heater and prepared to install it on the roof. However, the property said that according to the relevant laws and regulations, he could not be installed on the roof. He failed to coordinate with the property for many times, and the solar water heater has not been used in the living room for one year.

Yesterday, the reporter accompanied Mr. Hu to find the manager of the residential property. According to him, many occupancy owners asked the property to install solar water heaters, but the property did not agree. There are two reasons: according to the Property Law and Wuhan Property Management Regulations, which came into effect on 10/this year, the public areas, platforms and rooftops of residential quarters are owned by all owners and individuals.

Some owners want to install solar water heaters on the roof. According to the relevant regulations, it is necessary to wait for the establishment of the community owners' Committee two years later, and the industry Committee will organize all owners of the unit building to sign and agree.

Manager Yu said that the static pressure generated for a long time after installing the solar water heater will lead to water seepage on the roof, which is not within the five-year housing warranty period promised by the developer.

That is to say, once the roof leaks, the owner's housing maintenance fund can only be used for maintenance after five years, which must be signed by all or at least all owners of the building unit. Because roof seepage generally only affects the top floor residents, it is hard to say whether the residents on other floors agree to use the fund.

Baidu Encyclopedia-People's Republic of China (PRC) Property Law