Air conditioning is an indispensable appliance for residents to relieve summer heat and keep warm. However, while enjoying this comfort, disputes arising from improper installation of air conditioning outdoor units are also increasing. Recently, the People's Court of Zhenhai District, Ningbo City, Zhejiang Province, concluded a case of dispute over the common ownership of property owners caused by improper installation of air conditioning outdoor units. The court ruled that the defendant should remove the air conditioning outdoor unit, effectively safeguarding the plaintiff's residential tranquility.

Zhang and Chen are neighbors who live across the hall from each other. Zhang completed the renovation and moved in first, with the air conditioning unit installed on the reserved equipment platform. Subsequently, Chen began his renovation. Instead of using the reserved equipment platform, Chen installed the air conditioning unit on the public platform between the two houses. During Chen's renovation process, Zhang repeatedly raised objections to the installation of the air conditioning unit on the public platform between the two houses. To resolve the conflict between the two households, under the auspices of community and property management staff, a mediation agreement was signed by both households on May 8, 2024. Chen agreed to move the air conditioning unit to his own area and place it as close as possible to the wall, and also agreed to install soundproof boards and double-layer soundproof cotton with a single layer of about 6 centimeters. However, after the arrival of summer, Zhang found that the air conditioning unit was installed in close proximity to his secondary bedroom, and the noise from the air conditioning unit during operation made it impossible to rest at night. Zhang requested Chen to remove the air conditioning unit. Chen disagreed, and Zhang filed a lawsuit.  　　

To investigate the impact of the air conditioning unit on Mr. Zhang, the presiding judge convened community and property management staff to jointly inspect the scene. After testing, it was found that the noise generated by the air conditioning unit in Mr. Chen's home exceeded 55 decibels. Furthermore, the air conditioning unit was located only 40 centimeters away from the window of Mr. Zhang's secondary bedroom. In response, Mr. Chen argued that the noise would not be too loud if Mr. Zhang closed the window at night, and that the cost of moving the unit would be too high considering that the renovation had already been completed.  　　

After the court trial, it was held that the exercise of rights has boundaries and should be constrained by laws, ethics, and common interests. Multi-story residential buildings differ from single-family homes, where owners enjoy the ownership of the building's differentiation. For the exclusive parts, owners possess ownership rights and have the right to possess, use, benefit from, and dispose of them. However, for the common parts, owners do not enjoy ownership rights but rather the rights of common ownership and joint management. The location where Chen installed the air conditioning unit was on the public platform between two households, which belongs to the common parts rather than the exclusive parts. It can be reasonably utilized, but it cannot infringe upon the rights of others. According to the "Emission Standard of Noise for Community Living Environment", the noise level in residential areas should not exceed 55 decibels during the day and 45 decibels at night. The central air conditioning unit installed by Chen had a high power, and its location was only 40 centimeters away from the window of Zhang's secondary bedroom. When it was running, the noise exceeded the prescribed decibel limit. Based on this, the court determined that Chen's installation of the air conditioning unit on the public platform infringed upon Zhang's rights and ordered Chen to remove the unit. After the judgment took effect, Chen voluntarily removed the air conditioning unit.

Owners have the right to use the common parts of the community, but the exercise of this right is not without boundaries. The free use of common parts by owners must be based on "reasonable needs" and "must not harm the legitimate rights and interests of other owners". The judge reminded residents that when installing air conditioning and other equipment, they should comprehensively consider the installation location, the impact of equipment operation on others' lives, and whether effective measures can be taken to avoid infringement, so as to avoid infringing on others' residential tranquility and healthy living environment. "A distant relative is not as helpful as a close neighbor, and harmonious neighbors bring prosperity to all", neighbors should follow the principles of convenience, solidarity, mutual assistance, fairness, and reasonableness to jointly create a harmonious and friendly neighborhood relationship.

This article is translated from the WeChat official account "Shandong Higher People's Court", and we would like to express our gratitude here!