the property The company own will owners to install in the roof solar water heaters removed, owners of Mr. Xu the Beijing Tiancheng Guangsha Property Services Ltd to court claims property damage . Ben Wang recently was informed that the Beijing Chaoyang District People's Court owners and the property of their respective companies to bear part of the loss , the property the company compensation owners of Mr. Xu loss of 1,756 yuan .
Xu wife , Beijing Xintiandi district property owners . August 2009 , Mr. Xu in buildings in which they the roof of installed a solar water heater. January 13, 2010 , property without the Mr. Xu agreed to their own the water heater removal of . To this end, Mr. Xu will be residential property companies to court for compensation water heaters and accessories for loss of 2,508 yuan .
Xu claimed that , in response to the Government energy conservation 's call for , we own the roof to install solar water heaters. In handling the installation , the property company staff of more than and the security seen , and no objection or stopped.
November 2009 , we often find a property staff and security to the roof spy on , after consecutive occurred two solar tube rupture situation. To find out the truth , we their own terrace above the installed two sets of camera .
January 12, 2010 afternoon, we from the camera found the property staff pulling tube, we call the police . Police rushed to the scene after the criticism of of a property the practice , and has repeatedly stressed that the status quo , who can no longer move water heater , the two sides negotiated settlement , such as the negotiation can not be litigation to resolve. We agree that negotiation, and intends other warm days when to find the torch companies to help remove , but did not think Tiancheng property companies ignore police advice and mediation , the next morning in did not notify us the case of to send more than property staff members a sudden Onto the roof of , forced removal of the camera and water heater , causing in our homes the bathroom to run water .
Court, Tiancheng property companies argued that Mr. Xu home to install solar water heaters in the interests of the is built on against the public interest the basis , in order to all of the owners the legitimate interests of take into account , I will be solar water heaters and the camera in addition removed . in public areas without permission Installation of water heaters , and the camera the behavior of in the property contract is not allowed , the owners this should be knowing . In addition , the unauthorized installation of water heaters to the roof the waterproof layer caused damage to , and I reserve to its claim the right .
Also found that , Mr. Xu 's wife, signed with the developer of the "Beijing real estate sale contract " provides that: without the relevant government departments approval of and the owners of adjacent property owners consent shall not be in building wall and roof installed any blinds , awnings , flower racks , wireless receiver , solar water heaters, flagpoles , banners , advertising, signs, light boxes or any other projections .
Chaoyang 's Court that the plaintiff was the Beijing Xintiandi district the owner of shall comply with the residential property management practices. According to "Beijing Plaza temporary owners Convention , " Law and without the relevant government departments approval of and the owners of adjacent property owners agree , the owners may not the buildings external walls and roofs own to install solar water heaters. Is the plaintiff in violation of regulations without authorization in the district in public areas to install solar water heaters, of their own has a certain fault , should bear part of the economic loss. The defendant as the Beijing New World residential property services unit, their service management practices should be consistent with "property service " specifications, in the specification the rights conferred by within the exercise of service management responsibilities. in the And residential property owners event of a dispute , it shall through legal channels resolve , but should not exceed their rights the scope of their own to take measures. Defendant without the plaintiff agreed to remove the product and cause solar water heaters damage to the behavior of , is beyond the property management rights , so it has a certain fault, the plaintiff economic loss should bear the corresponding compensation . is The plaintiff seeks compensation of solar water heaters the price and accessories costs , the Court based on both the degree of fault and considering
solar water heaters the damage to and accessories loss situation, the amount of compensation appropriate sentence .
Accordingly , the court Tiancheng Guangsha the property compensated Xu solar water heaters and accessories damages totaling 1,756 yuan .
