It is important that the owner does not "privately" go to the balcony, but to seal the package legally and compliantly, and obtain the support of most owners by modifying the community management agreement, and the property cannot be stopped, after all, the important things in the community are decided by all the owners.
The author recently served a new community, and the owner also asked for a balcony, which is still more difficult based on several factors:
1. The community is developed by well-known real estate companies, and well-known properties have been hired, which have extremely high requirements for the appearance of the community, and do not support the enveloped balcony
2. The temporary management statute of the community clearly stipulates that it is not allowed to enclose the balcony;
3. There are both high-rise and townhouse houses in the community, and the high-rise generally supports them, but the townhouses are not very supportive, and there are still conflicts.
We recommend that the first owners' committee of the community handle the process as follows:
First of all, because there is no townhouse committee member in the owners' committee, let the townhouse send *** to sit down with the owners' committee, hold a communication meeting, and reach a consensus that the townhouse supports the high-rise owners to pack balconies, but requires the high-rise owners to also support the terraces of the townhouses.
Secondly, in response to the claim of terraced houses, according to Article 2 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Cases Involving Disputes over the Differentiated Ownership of Buildings, "terraces that are exclusive to a specific house in planning and have been included in the sales contract of the specific house in accordance with the plan at the time of sale shall be deemed to be an integral part of the exclusive part referred to in Chapter 6 of the Property Law".
Thirdly, we have added a clause to the new draft community management regulations: the community is allowed to enclose balconies and terraces, but it must be uniformly designed, unified materials and unified colors according to the construction party of the public bidding of the property committee.
In the end, under the rigorous, efficient and professional guidance and operation of our Chiefdom Consulting, the owners' meeting was finally successful, and the community management regulations that allowed the enclosing of balconies and terraces were approved by a high vote.
In fact, before the owners' meeting, the owners' committee received a letter of prohibition from the community, according to the fourth paragraph of Article 59 of the "Provincial Urban and Rural Planning Regulations": "within the scope of the land for the construction project that has been completed and accepted, or the construction project is used to build new buildings or structures without authorization", requesting that the balcony should not be enclosed, and the owners' committee replied, explaining that the vote of the owners' general meeting is precisely to prevent the owners from "authorizing" new construction.
The owner needs to consider the environment of the whole community, and it is best to act in unison with the balcony, and only the consistent action can reflect the power of the owner.