Source: Guangzhou Daily
Water rack outside the balcony, can you pretend?
The Civil Code made clearly stipulate that the legitimate rights and interests of other owners shall not harm the legitimate rights and interests of other owners
In order to dry their clothes more places, some owners will build drying racks outside the balcony, but can the clothes rack outside the balcony be installed casually? An owner of Guangzhou was sued by the neighbors downstairs to the court because of the serious infringement of his sunshine rights and lighting rights of his family, and also brought trouble such as noise. A few days ago, after the case was tried by the Guangzhou Huangpu Court, the owner upstairs was demolished the drying rack installed outside the balcony. It is reported that the Civil Code clarified that the neighboring right holders of the real estate should properly handle adjacent relations in accordance with the principles of favorable production, convenience of life, unity and mutual assistance, and fairness.
Text/Guangzhou Daily All Media Reporter Charter Correspondent Huang Huayan
Basic Case: Dress the drying rack on the balcony.
The 501 housing owner of a residential building in Guangzhou Development Zone extends from his balcony about 0.5 meters to set up a steel structure drying rack. The 401 housing owner downstairs believes that the owner of 501 houses dry clothes and quilts on the balcony every day, which seriously infringes himself. The right of sunshine and lighting also brought troubles such as noise, so they complained to the urban management department twice.
In April 2019, the urban management department of the Development Zone forced to demolish the drying rack set up by 501 house owners. The owner did not accept the demolition and applied for administrative reconsideration to the superior urban management department. In June of the same year, the higher -level urban management department issued the “Administrative Reconsideration Decision” to confirm the above -mentioned mandatory demolition behavior.
Later, the owner of the 501 room re -built a steel structure of the steel structure outside the balcony, and the 401 house owner complained to the community property service center. The property issued the “Rectification Notice” in August 2019, and believes that 501 owners build a drying rack outside the balcony to violate the property management system of the community, and require them to remove the drying rack and restore the original appearance. However, the owner of the 501 house refused to demolish, and the owner of the 401 room sued the court.
Court judgment: Demolition of drying racks built outside the balcony within ten days of the judgment
The first instance of the Huangpu Court: 501 housing owners should demolish the steel structure drying rack built outside the balcony within ten days from the date of this judgment.
After the sentence, the 501 housing owner appealed, and then withdrew the appeal. The second instance of the Guangzhou Intermediate People’s Court ruled that the appeal was allowed to withdraw. At present, the first trial has legal effect.
The court pointed out that as a real estate neighboring person, the adjacent relationship should be properly handled in accordance with the principles of favorable production, convenience of life, unity, mutual assistance, and fairness.
Regarding the behavior of 501 owners, the court believes that although it has a limited impact on the lives of 401 owners, the 501 housing owner, as the owner of the community, should abide by the property management rules of laws, regulations and the community. According to the “Preliminary Property Service Agreement” submitted by the owner of House 401, “the owner must not change or damage the original structure, appearance and public facilities of the house”, “not allowed to install the rights and interests such as the ventilation, lighting, safety anti -theft, etc. Observation any facilities “. Although the owner of House 501 denied the signing of the “Preliminary Property Service Agreement”, in accordance with Article 21, Article 25 of the Property Management Regulations, and the “Explanation of Several Issues of the Supreme People’s Court on Try on Property Service Disputes” No. 1 The provisions of the article have actually recognized the “Preliminary Property Service Agreement” set up by the developer, so it should be constrained by the agreement.
The objects applied by the property management regulations are the owners of the whole community. The community is also an integral part of the society. If the behavior of 501 owners is not effectively stopped, it may cause the follow -up of other owners, which is not conducive to the management of the community, and it will inevitably affect the rights of other owners. Therefore, the court believes that the behavior should not be encouraged and advocated, and the owner of the 501 house should demolish the steel structure drying rack built outside the balcony.
The judge reminds:
Owners should abide by the property management rules of the community
According to the supervisor, the installation of drying racks in the exterior walls is generally existed in high -rise housing. Because there is currently no laws and regulations, it is incorporated into the category of illegal architecture. Therefore, the urban management department cannot be forced to demolish. “Insufficient”.
As the owner, we must consciously abide by the “Preliminary Property Service Agreement” and “Property Management Statue” in the community, and prevent the facilities such as drying racks, flower pot racks in the facade of the house, and avoid casualties caused by flower pots and shelves. property loss. It is necessary to abide by social morality, consciously maintain civilization and good social order, and exercise their rights reasonably and legally within the scope of legal and public order.
As managers such as property companies, industry committees, neighborhood committees, etc., we must actively formulate and complete the “Property Management Statue” and “Owners’ Code of Code”. It is necessary to take the initiative to publicize the civilization behavior of the community, to stop and request rectification in a timely manner of violating the rules or social morality to jointly promote the construction of a civilized society.
Article 272 of the “People’s Republic of China” Article 272 The owners have the right to possess, use, return, and punishment for their own buildings. The owner’s exercise of rights must not endanger the safety of the building, and must not harm the legitimate rights and interests of other owners.
Article 280 The decision of the owner’s conference or the owner committee has legal binding power to the owner.
Article 287 The owner has the right to ask for civil liability for construction units, property service enterprises or other managers and other owners, and other owners.
Article 288 The neighboring right holders of real estate shall properly handle adjacent relations in accordance with the principles of favorable production, convenience of life, unity, mutual assistance, and fairness.