Does the owner have the right to use the public space in the community for his own use?

In general, the owners of the public places in the community do not have the right to use them privately. In fact, many people can see people in the community to enclose a piece of land in the garden downstairs of the community to grow some of their favorite vegetables or plants, and some people will enclose a piece of land to raise their pets or build some buildings. But these are actually wrong, because to put it bluntly, "public places" are shared by everyone, and if they are occupied by one person, it is definitely not right.

Because the roads planned in the construction area are shared by all owners, this is clearly stipulated.

If you want to use it privately without causing dissatisfaction or disgust from others, it is not a big problem, and it is good that no one cares. But if the unauthorized occupation of a public place causes dissatisfaction among others, this is not right. Because neither the owner nor the property manager is qualified to occupy the road or public place shared by everyone in the community without permission, this is an act that harms the public interest of all owners and needs to be stopped.

Although the regulations say so, as long as we don't go too far in our daily life, no one will care. After all, everyone is a neighbor, and if you look up and don't look down, you don't look good because of a little bit of taking advantage of a small thing, and everyone is not good-looking. However, if you really want to occupy a piece of land, you can still ask other owners if they agree.

With the agreement of everyone, it is certainly reasonable to occupy a little public space to do things that do not obstruct traffic and do not cause danger. Moreover, it is not possible to build some buildings in the community without permission, because the planning and buildings in the community are strictly managed, and if you build the building without permission, it may cause the fire escape to be blocked.

Inconvenience to others. Such dangerous structures should be demolished at the time of inspection, so don't build them altogether. In general, whether it is in the community or in the unit building, the public place exists for everyone's convenience, and you must not harm the interests of others for your own convenience.

Since it is a public place in the community, the owner cannot use it for private use without the permission of all members of the public area. Just like the roof of the top floor, it is often opened by the residents of the top floor as an attic. There are also some owners who convert the aisle into a part of their own home, etc., which are illegal occupation of public areas, and violate the illegal regulations of the "Property Management Regulations", which need to be punished by law.

No. Since it is a public place, it is used by everyone, and the public place is shared by all the owners. If everyone uses it together, there is no problem, and they all have the right to use it.

The public places in the community are for the convenience of the owners, so that the owners can exercise and exercise, and the owners have no right to use them privately.

The public places in the community can be used by the owners, but they cannot be occupied privately, and the public places belong to everyone who owns them, and each owner has the right to use them.

The owners of public places in the community do not have the right to use them privately, and they need to be approved by the property or other owners in the community to use them, so that they can live in harmony.

There is no right, the public space in the community is used by all the owners, each household has to pay a management fee, and no one has the right to occupy it privately.

I think there is a right, because when the owners of the community buy a house, almost all of them pay the money for the shared area, and they will pay the property fee.

Owners and property management enterprises shall not occupy or excavate sites without authorization to harm the common interests of owners. The consent of the owners' committee and the property management company shall be obtained.

Legal Analysis: Violation of Community Encroachment on Public Space According to Article 4 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Property Management Service Dispute Cases, the people's court shall support the property management if the owner violates the property management service contract or laws, regulations, and management regulations and commits 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 restoring the original state, stopping the infringement, and removing the nuisance.

The occupation of public areas by community owners without permission is not only a breach of contract in violation of the management regulations, but also an illegal act in violation of the provisions of the Land Management Law, the Urban Planning Law and other relevant laws and regulations. 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: Civil Code of the People's Republic of China

Article 280 The decision of the general meeting of owners or the owners' committee shall be legally binding on the owners.

Where a decision made by the general meeting of owners or the owners' committee infringes upon the lawful rights and interests of the owners, the aggrieved owners may request the people's court to revoke it.

Article 287: Owners have the right to request that construction units, property management service enterprises or other managers, as well as other property owners, bear civil liability for their infringement of their lawful rights and interests.

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. The property management company has the right to file a lawsuit on behalf of all property owners to demand that the illegal and breaching 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.

This kind of behavior is an illegal construction behavior, and the community property service company has no right to compel demolition, and the county-level people shall make the main decision, and the urban construction or urban management bureau and other organs shall implement the compulsory demolition. First of all, in response to the above situation, the property can request to be restored to its original state within the agreed time limit, and if the owner believes that the property has been disposed of in an improper manner, he can also complain to the relevant authorities. The responsibilities of the property are as follows:

1. The safety work of the community. (1) Do a good job of safety precautions in the property management area. In the event of a safety accident, the property management enterprise shall take corresponding emergency measures for the distribution of scattered silver, and at the same time, shall report to the relevant administrative departments in a timely manner to assist them in doing a good job of rescue work.

2) Where security personnel are hired, they shall comply with relevant national regulations. When maintaining public order in the property management area, security personnel shall perform their duties in accordance with laws and regulations, and shall not infringe upon the legitimate rights and interests of citizens. (3) The rights and obligations of the property user in the property management activities shall be jointly agreed upon by the owner and the property user, but shall not violate the provisions of relevant laws, regulations and the owner's convention.

2. Maintenance of the property. (1) The public buildings and common facilities constructed in accordance with the plan in the management and maintenance property management area shall not be changed. (2) If the owner needs to decorate and decorate the house, he shall inform the property management company in advance.

3. Sanitation work in the community. Do a good job in the cleanliness of the property management area and the surrounding environment, including the removal of garbage, various wastes, sewage, rainwater, etc., in order to maintain a clean and hygienic environment, and provide a clean and comfortable living and office environment for owners or tenants. "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Cases of Disputes over the Ownership of Buildings by Distinction and Ownership" Article 2 Houses in building zoning that meet the following conditions, as well as specific spaces such as parking spaces and stalls, shall be recognized as the exclusive part referred to in Chapter VI of the Property Law:

1) Be structurally independent and be able to distinguish clearly; (2) It has independence in use and may be used exclusively; (3) It can be registered as the object of ownership of a specific owner.

Legal analysis: The private occupation of the public cherry plum area by the owners of the community 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. The property management company has the right to file a lawsuit on behalf of all owners to require the illegal and defaulting owners to 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 the law, the law spine rent delay regulations, or the management statute, 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 restoring the original state, stopping the infringement, and removing the obstruction, the people's court shall support it.

Legal Analysis: No. Owners and property service enterprises shall not occupy or excavate roads and sites in the property management area without authorization, harming the common interests of the owners.

If it is necessary to temporarily occupy or excavate the road or site due to the maintenance of the property or the public interest, the consent of the owners' committee and the property management service enterprise shall be obtained.

Legal basis: Article 50 of the "Property Management Regulations" Owners and property service enterprises shall not occupy or excavate roads and sites in the property management area without authorization, harming the common interests of the owners. If the owner really needs to temporarily occupy or excavate the road or site due to the maintenance of the property or the public interest, the consent of the owners' committee and the property management service enterprise shall be obtained; If a property management service enterprise truly needs to temporarily occupy or excavate roads or sites, it shall obtain the consent of the owners' committee.

Owners and property management service enterprises shall restore the roads and sites temporarily occupied or excavated to their original state within the agreed time limit.