Owners seal balcony property without lawyers: the property has no right to interfere.

People who buy a house generally believe that after buying a house, the right to dispose of it belongs to them. Can be surprised to find a problem when the actual decoration: the property actually does not allow the balcony to be sealed? To this end, the owners of many residential areas have also waged an indomitable struggle with the property. It is really fair and reasonable whether the owner can seal the balcony privately. The old woman is right! Does the owner have the right to seal the balcony?

The decoration of the balcony is very important for the whole family. We can create a different functional space by closing the balcony. Without closing the balcony, we can create a terrace with all kinds of flowers and plants. However, when you are decorating, you have such questions. Can I just seal the balcony? Do I need property management permission to close the balcony? The following small series will answer questions for everyone.

A few days ago, Miss Li of a large real estate encountered such a troublesome thing: the house she bought wanted to seal the balcony during the renovation, but the property company took out the clause prohibiting balcony sealing in the temporary owners' convention signed before handing over the house, saying that the balcony could not be sealed, and the property had the right to sue. There are quite a few owners who have encountered such troubles as Miss Wang. Now, in some newly-built residential areas, there are often clauses in the temporary agreement of owners to seal the balcony, which is a contract that must be signed to buy a house. Many owners question: 1, is there a legal basis for the property to prohibit balcony closure? 2. Does the property have the right to prohibit balcony contracting in the temporary convention of owners without consulting the majority of owners? 3. Does the property have the right to sue the owner for setting up a balcony privately?

Property statement: it is not allowed to seal the balcony, which has long been agreed.

A person in charge of a property company who did not want to be named showed that the general open balcony was calculated according to half the area when it was sold, while the balcony was calculated according to the whole area. Therefore, the owner bought a house with a balcony and wrapped the balcony himself. In fact, he gained the benefit of poor area.

Glaze the balcony

He also believes that the balcony is related to the facade of the building, belongs to the public part and involves the interests of all owners. So now some property management companies restrict owners from contracting balconies privately. The reason why property companies ban private balcony packages is also considering the overall planning and unity of the whole community. For tenants who seal balconies privately, property management companies generally use persuasion, and there are fewer cases of property suing owners.

Deputy Director of the Property Management Center of the Construction Bureau of this Municipality said that according to Article 22 of the Property Management Regulations No.379 issued by People's Republic of China (PRC) and the State Council, the construction unit should formulate a temporary convention for the owners before selling the property, and make an agreement on the use, maintenance and management of the property, the interests of the owners, the obligations that the owners should perform and the responsibilities that they should bear in violation of the convention.

Article 23 also mentions that the construction unit shall express the temporary owners' convention to the property buyer and explain it before the property is sold. When signing a property sales contract with the construction unit, the property buyer shall make a written commitment to abide by the temporary convention of the owners.

"So, if the owner has signed the temporary owners' convention when buying a house and needs to abide by it, the property can sue the owner without authorization." The deputy director reminded the owners to read the temporary owners' convention carefully before signing the purchase contract. In case of doubt, you should abide by the relevant provisions of the convention after signing the contract.

Glaze the balcony

Lawyer's statement: see how the owners' convention stipulates.

"This problem is more complicated." A well-known lawyer said that ordinary property buyers will sign the temporary owners' convention when they close the house. However, if the owners have doubts about the provisions of the owners' temporary convention, they can propose to amend or re-enact a new convention after the owners' meeting is established.

However, according to the lawyer's experience, even if the owner really violated the temporary owners' convention and closed the balcony, the property still has no right to sue the owner.

"If the owner closes the balcony without involving changes in the wall of the house, he can close the balcony by himself. Because the temporary owners' convention is a standard contract, the subject of the contract should be all owners. Violation of the temporary owners' convention is a violation of the rights and interests of all owners. As a third party, the property company has no right to sue the owner. The "temporary owners' convention" should be effective until the owners' meeting is established in the community. After the establishment of the owners' committee, the owners' committee has the right to amend the unreasonable clauses in the temporary owners' convention. The owners' committee also has the right to decide to hire a new property company or formulate a new convention. "

If the owner closes the balcony and changes the wall, it should be treated specifically. If the load-bearing requirements in the design of the house itself cannot bear to close the balcony, the owner can not close the balcony by himself. If this part of the owner closes the balcony by himself, it needs the relevant administrative examination and approval of the relevant design unit and the construction administrative department.

(The above answers were published on 20 17-03-2 1. Please refer to the current actual purchase policy. )

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