Does the property management company have the management authority for the owner to take the common

With management authority, no unit or individual has the right to occupy public areas.

The main legal bases are:

Property Management Regulations.

Article 7 The owners shall perform the following obligations in the property management activities:

1) Abide by the management statute and the rules of procedure of the general meeting of owners;

2) Comply with the rules and regulations on the use of common parts of the property and common facilities and equipment, public order and environmental sanitation maintenance in the property management area;

3) To implement the decisions of the general meeting of owners and the decisions of the owners' committee authorized by the general meeting of owners;

4) Pay special maintenance funds in accordance with the relevant provisions of the state;

5) Pay the property service fee on time;

6) Other obligations provided for by laws and regulations.

Article 45 of the property management area in violation of the relevant public security, environmental protection, property decoration and use of laws and regulations, property service enterprises shall be stopped, and promptly report to the relevant administrative departments.

After receiving the report of the property service enterprise, the relevant administrative departments shall stop the illegal acts or deal with them in accordance with the law.

Article 50 Owners and property management service enterprises shall not occupy or excavate roads or 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.

Article 64 In violation of the provisions of these Regulations, any of the following acts shall be ordered by the local people's ** real estate administrative department at or above the county level to make corrections within a time limit, give a warning, and impose a fine in accordance with the provisions of the second paragraph of this article; The proceeds shall be used for the maintenance and maintenance of the common parts of the property and the common facilities and equipment in the property management area, and the remaining part shall be used in accordance with the decision of the owners' general meeting

A) unauthorized change in the property management area in accordance with the planning of the construction of public buildings and common facilities;

2) Unauthorized occupation or excavation of roads and sites in the property management area, harming the common interests of the owners;

3) Unauthorized use of common parts of the property, common facilities and equipment for business.

Where individuals have any of the conduct provided for in the preceding paragraph, a fine of between 1,000 and 10,000 RMB is to be given; Where units have any of the conduct provided for in the preceding paragraph, a fine of between 50,000 and 200,000 RMB is to be given.

The property management company should stop it, and if it can't stop it, it should report to the local urban management department.

Legal analysis: Property encroachment on the owner's public property can be protected by holding an owners' meeting, administrative complaints, people's court lawsuits, etc. There are three ways for property owners to defend their rights:

1. Convene a general meeting of owners, set up an owners' committee, supervise the operation of the public area through the owners' committee, and clarify the specific use of the part of the income according to the resolution and authorization of the owners' meeting; 2. Administrative complaints. It is recommended that the owner complain and report to the administrative department of property management, the real estate bureau, the housing management office, etc., and the administrative department of property management shall punish and correct the behavior of the property company, and the owner can also call the local mayor **12345 to complain; 3. Individually or jointly with the owners, directly file a lawsuit with the people's court, requesting the disclosure of the use and income of the common part, or requesting the distribution of the income of the common area.

Legal basis: Article 9 of the Urban and Rural Planning Law of the People's Republic of China Any unit or individual shall abide by the urban and rural planning approved and published in accordance with the law, obey the planning management, and have the right to inquire with the competent department of urban and rural planning on whether the construction activities involving their interests meet the requirements of the planning.

All units and individuals have the right to report or accuse the competent department of urban and rural planning or other relevant departments for violations of urban and rural planning. The competent departments of urban and rural planning or other relevant departments shall promptly accept reports or accusations and organize verification and handling. Article 48 of the Property Management Regulations of the local people's ** real estate administrative departments at or above the county level shall promptly deal with complaints from owners, owners' committees, property users and property service enterprises in property management activities.

Legal analysis: The public area belongs to the owner of the bend and cannot be occupied privately, and if the public area is occupied without permission, it is an infringement of the rights and interests of the adjacent owners, which is an illegal act. Owners, owners' committees, and property management enterprises may require the owners who occupy the public areas to stop occupying them, and the owners of the common acres of the area shall be liable for the losses and damages caused by the private occupation of the public areas.

Legal basis

Article 286 of the Civil Code of the People's Republic of China Owners shall abide by laws, regulations and management regulations, and relevant acts shall comply with the requirements of saving resources and protecting the ecological environment. The owner shall cooperate with the property service enterprises or other managers in accordance with the law in implementing emergency response measures and other management measures in accordance with the law.

The general meeting of owners or the owners' committee has the right to request the perpetrator to stop the infringement, remove the obstruction, eliminate the danger, restore the original state, and compensate for the losses in accordance with laws, regulations, and management regulations for acts that harm the lawful rights and interests of others, such as arbitrarily disposing of garbage, discharging pollutants or noise, raising animals in violation of regulations, building in violation of regulations, encroaching on passages, and refusing to pay property fees.

Where the owner or other actor refuses to perform the relevant obligations, the relevant parties may report or complain to the relevant administrative department, and the relevant administrative department shall handle it in accordance with law.

Summary. Article 51 of the "Property Management Regulations" stipulates that owners and property management 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 enterprise shall be obtained; If a property management enterprise really needs to temporarily occupy or excavate a road or site, it shall obtain the consent of the owners' committee.

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

Is it the responsibility of the property that the owner occupies the common area?

Hello, dear <>

The owner occupies the common area, which is the responsibility of the property.

Article 51 of the "Property Management Regulations" stipulates that owners and property management enterprises shall not occupy or excavate roads and sites in the property management area without authorization, harming the common interests of 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 enterprise shall be obtained; If a property management enterprise really needs to temporarily occupy or excavate a road or site, it shall obtain the consent of the owners' committee.

The owner and the property management enterprise shall restore the temporarily occupied and excavated roads and Tongzhi sites to their original state within the agreed time limit.

Article 51 of the "Property Management Regulations" stipulates that owners and property management enterprises shall not occupy or excavate roads and sites in the property management area without authorization, harming the common interests of 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 enterprise shall be obtained; If a property management enterprise really needs to temporarily occupy or excavate a road or site, it shall obtain the consent of the owners' committee.

The owner and the property management enterprise shall restore the temporarily occupied and excavated roads and Tongzhi sites to their original state within the agreed time limit.

Article 51 of the "Property Management Regulations" stipulates that owners and property management enterprises shall not occupy or excavate roads and sites in the property management area without authorization, harming the common interests of 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 enterprise shall be obtained; If a property management enterprise really needs to temporarily occupy or excavate a road or site, it shall obtain the consent of the owners' committee.

The owner and the property management enterprise shall restore the temporarily occupied and excavated roads and Tongzhi sites to their original state within the agreed time limit.

Article 51 of the "Property Management Regulations" stipulates that owners and property management enterprises shall not occupy or excavate roads and sites in the property management area without authorization, harming the common interests of 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 enterprise shall be obtained; If a property management enterprise really needs to temporarily occupy or excavate a road or site, it shall obtain the consent of the owners' committee.

The owner and the property management enterprise shall restore the temporarily occupied and excavated roads and Tongzhi sites to their original state within the agreed time limit.