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What should security window do if the property does not allow the balcony to be installed outside the window?
If, in the "Commercial Housing Sales Contract" signed by the owner and the developer, there is no clause prohibiting "closing the balcony and terrace". Property companies should not add prohibitive clauses in the property management agreement signed with the owners after buying a house. Even if the prophase realty service contract contains a clause prohibiting the balcony and terrace from being closed, if the construction unit fails to include the clause in the house sales contract and get the explicit commitment of the owner, the clause is not legally binding on the owner.
Maintaining the overall beauty of the community is of course for the benefit of all community owners. However, how to maintain the overall beauty of the community is not the property's decision, but should be discussed and decided by all owners or owners' assembly. Because the property is just a "housekeeper", all owners are "owners" of the community. Whether the installation of security window will damage the overall beauty of the community, of course, should be decided by the owners. If the owners' congress formulates the owners' convention through legal procedures, it is stipulated that security window is not allowed to be installed in the community and the balcony is not allowed to be closed. Individual owners who want to pretend to be security window can only be subordinate to the majority. Even if the Owners' Convention stipulates that only Gate A is allowed to enter the community, only Gate B is allowed to leave; Even if it is stipulated that all owners are not allowed to hang clothes on the balcony, as long as it is agreed in the owners' convention, they must abide by it. The owners' convention is equivalent to the internal laws of the community, and all owners can't violate it.
However, if there is no specific provision in the owners' convention, according to the general principles of civil law, owners have the right to possess, use, benefit and dispose of their own property. That is, the right to impersonate security window. However, the owner can't "do whatever he wants" to install security window. When owners exercise their rights, there are also restrictions, specifically, they cannot violate the regulations of urban management, planning and other departments, affect the ventilation and lighting of neighbors, and do not cause security risks to neighbors. As long as the above restrictive conditions are excluded, why can't the owner install it? !
First of all, the property is a housekeeper hired by all owners and invited to implement the "decisions and orders" issued by all owners. The "housekeeper" has no right to dictate to the "master". Second, the property is not an administrative organ and has no right to prevent the owners from posing as security window. Third, the property has no right to sue the owner for demolishing security window because the subject of prosecution is inappropriate. Only the owners' committee has the right to sue the owners.
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