Lawyer explains the doubts in detail: Does the owner have the right to use the public land in the co

The roads and green spaces in the residential community are the public land of the community, and all the owners of the community have separate ownership of the buildings.

Article 73 of the Property Law of the People's Republic of China stipulates that roads within building zoning shall belong to the owners in common, except for urban public roads. The green space in the building zoning belongs to the owners in common, except for the urban public green space or the individual that is expressly indicated. Other public places, public facilities and property service rooms within the building zoning belong to the owners in common.

According to Article 51 of the Property Management Regulations, property owners and property management enterprises shall not occupy or excavate roads and sites in the property area without authorization, harming the common interests of the owners. If the owner really needs to temporarily occupy or excavate the road or site for the purpose of maintaining the property or the public interest, the consent of the owners' committee and the property management enterprise shall be obtained.

Since the owners jointly own the common parts of the property and the common facilities and equipment, and jointly decide how to use them, the benefits and the distribution of the income, etc., the owners or property management enterprises should obtain the consent of the owners if they occupy the common parts of the community property and the common facilities and equipment, including the use of their operations. As for the proceeds from commercial operations, they should belong to the owners, and the owners who jointly own the ownership should decide how to use them.

Article 73 Roads within building zoning shall be jointly owned by the owners, except for those that belong to urban public roads. The green space in the building zoning belongs to the owners in common, except for the urban public green space or the individual that is expressly indicated. Other public places, public facilities and property service rooms within the building zoning belong to the owners in common.

Article 74: Within building zoning, parking spaces and garages planned for parking cars shall first meet the needs of the owners.

In the building zoning, the ownership of the parking spaces and garages planned for parking cars shall be agreed upon by the parties through **, gifts or leases.

Parking spaces that occupy roads or other sites jointly owned by the owners for parking cars belong to the owners in common.

According to the provisions of the Property Law, the property rights of the ancillary facilities in the community belong to all the owners, and the property management personnel have no right to dispose of them without the permission of the owners' meeting. However, the property rights of the ancillary facilities of the community are divided into three situations:

First, the commercial housing community, the construction cost of the ancillary facilities of the community has been included in the owner's purchase price, and the property rights of the ancillary facilities naturally belong to all the owners, without the permission of the owners' meeting, the property management personnel have no right to dispose of it.

The second is the fund-raising housing community, if the owner pays the fund-raising fund includes the construction cost of the ancillary facilities, the property rights of the ancillary facilities belong to all the owners, if the fund-raising funds do not include the construction costs of the ancillary facilities, the property rights of the ancillary facilities belong to the fund-raising unit, and the fund-raising unit has the right to dispose of it.

The third is the housing reform community, because the cost of ancillary facilities is not included in the housing renovation, therefore, the property rights of the ancillary facilities do not belong to all the owners, but belong to the units to which the community belongs.

Legal analysis: The private occupation of public areas by community owners is not only a breach of contract in violation of the management regulations, but also an illegal act in violation of the provisions of relevant laws and regulations such as the Land Management Law and the Urban Planning Law. In this case, the property management company has the right to file a lawsuit on behalf of all the owners to demand that the illegal or defaulting owners stop encroaching on the common area, which is both the right and the obligation of the property management company.

Legal basis: "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Cases of Property Management Service Disputes" Article 4 Where the owner violates the property management service contract or laws, regulations, or management regulations and carries out acts that obstruct property management services and management, and the property management service enterprise requests the owner to bear the corresponding civil liability such as restitution to the original state, cessation of infringement, and removal of obstruction, the people's court shall support it.

Legal analysis: The common areas of the community belong to the owners in common.

Legal basis: Civil Code of the People's Republic of China

Article 271: The owner shall have ownership of the exclusive parts of the building, such as residential and commercial buildings, and shall enjoy the right of co-ownership and joint management of the common parts other than the exclusive parts.

Article 273 The owner shall have rights and obligations with respect to the common parts other than the exclusive part of the building; Waiver of rights may not be used as a reason for non-performance. When the owner transfers the residential or business premises in the building, the rights of co-ownership and co-management of the common part are transferred together.