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The greening and vegetable planting in the community is managed by the property department. For the owners of the community who grow vegetables indiscriminately, they can only reflect with the property department of the community and let the management staff of the property department negotiate. The greening of the community belongs to all the owners, and the owners committee can be entrusted to exercise the rights of the owners on their behalf, and as the property management company of the community, it has the obligation to manage the public areas of the community.
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Legal analysis: The green belt of the community belongs to all owners, and the residents of the community are not allowed to grow vegetables in the green belt of the community. If you want to grow vegetables in the green belt, you need to go through the owners' committee or the owners' general meeting, because the owners' committee or the owners' general meeting has the right to dispose of or use the community green belt.
Legal basis: Article 274 of the Civil Code of the People's Republic of China Roads within building zoning belong to the owners in common, except for urban public roads. The green space within the building zoning belongs to the common ownership of the owners, except for the urban public green space or the express belonging to the individual.
Other public places, public facilities and property service rooms within the building zoning belong to the owners in common.
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Legal Analysis: Yes. Public green space belongs to the public ownership or collective, community owners share, to change the form of public green space, the use of the public green space, should be decided by the owners, a single owner has no right to allocate and use without authorization.
Without the approval of all owners, it is illegal to grow vegetables in public green spaces, and urban management, owners' committees, and property management can all manage them. 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.
Legal basis: Article 8 of the "Measures for Urban Management Law Enforcement" The scope of administrative punishment power for urban management law enforcement shall be determined in accordance with laws and regulations and relevant provisions, including the administrative punishment power provided for by laws, regulations and rules in the field of housing and urban-rural construction, as well as the administrative punishment power of environmental protection management, business administration, traffic management, water management, food and drug supervision and urban management.
Article 9 of the "Measures for Urban Management Law Enforcement" that urban management law enforcement matters that need to be exercised in a centralized manner shall meet the following conditions at the same time: (1) Closely related to urban management; (2) The problem of multiple law enforcement disturbing the people that is closely related to the production and life of the masses is prominent; (3) The frequency of law enforcement is high and the professional and technical requirements are appropriate; (4) It is truly necessary to exercise it in a centralized manner.
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The greening of the community is maintained by the property service company of the community. The greening of the community shall be constructed by the development enterprise according to the requirements of planning approval, the garden department shall be responsible for acceptance, and the property service enterprise of the community shall be responsible for maintenance after delivery. There is a standard for community greening, too much greening, or too little greening is not good, it is best within the appropriate range.
When calculating the green space rate, the requirements for green space are very strict, and not all places with long grass can be counted as green space rate. The green space rate refers to all kinds of green space within the scope of residential land mainly including public green space, green space next to houses, etc. Among them, public green space includes residential parks, small amusement parks, group green spaces and some other block-shaped and belt-shaped public green spaces.
The land area of courtyard greening such as green space next to the house is also required to be far from the exterior wall of the building when designing and calculating.
Meters and land within 1 meter of the road side line shall not be included in the green land.
Property Management 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 timely 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.
What is the appropriate greening rate of the community?
The greening rate is generally not unfamiliar, and developers will advertise when selling a house, what is the greening rate of the community. The greening rate of residential quarters also includes public green spaces. The minimum requirement for public land is that the green area cannot be less than 400 square meters.
That is, the green area of the land should not be less than 70% of the total area. However, in the country** the regulations are not able to be less than 30%. When calculating the green space rate, the requirements for green space are very strict.
Among the green spaces, public green spaces include residential parks, small amusement parks, group green spaces and some other block-shaped and belt-shaped public green spaces.
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Legal analysis: It is recommended to complain to the community property or street office for planting vegetables. Public buildings and common facilities constructed in accordance with the plan in the property management area shall not be changed.
If the owner really needs to change the use of public buildings and common facilities in accordance with the law, he shall inform the property management enterprise after completing the relevant formalities in accordance with the law. If there is no property management in the old community, but all the vegetables are planted in the community, you can complain to the community and district-level housing and construction departments. If there is no property in the community, you can jointly apply for financial subsidies to the local community residents' committee, sub-district office, and district ** to recruit a property company.
Of course, whether there is property management in the community or not is decided by the owners of the community. (1) Under normal circumstances, it is necessary to first set up a general meeting of owners, elect members of the owners' committee, and the establishment of a general meeting of owners can be found in the local office or neighborhood committee, and then go to the property management department of the housing management office, they can generally explain more clearly. (B) the establishment of the general meeting of owners, to solicit your opinions, how to manage the community to prepare a draft, and then we put forward opinions, the standard of fee collection we put forward opinions, the owners of the general meeting to vote together, if more than two-thirds of the owners agree to the plan, you can be elected by the owners committee to organize management, generally can take three ways.
3) Hire a professional property service company, autonomous, entrust to an individual or a professional company, etc.
Legal basis: Organic Law of the People's Republic of China on Urban Residents' Committees
Article 2: Residents' committees are grassroots mass autonomous organizations for residents' self-management, self-education, and self-service. The people** of cities not divided into districts or municipal districts, or their dispatched organs, shall give guidance, support, and assistance to the work of residents' committees. Residents' committees assist the people** of cities not divided into districts or municipal districts or their dispatched organs in carrying out their work.
Article 3 Tasks of the Residents' Committee:
1) Publicize the Constitution, laws, regulations, and national policies, safeguard the lawful rights and interests of residents, educate residents to fulfill their obligations in accordance with the law, protect public property, and carry out various forms of activities to build socialist spiritual civilization;
2) To handle the public affairs and public welfare undertakings of residents in their respective areas of residence;
3) Mediation of civil disputes;
4) Assist in the maintenance of public order;
5) Assist the people** or its dispatched organs to do a good job in public health, family planning, preferential care and relief, youth education, and other work related to the interests of residents;
6) To reflect the opinions, demands and suggestions of residents to the people** or to its dispatched organs.
Article 4: Residents' committees shall carry out community service activities that facilitate and benefit the people, and may establish relevant service undertakings. Residents' committees manage the property of their own residents' committees, and no department or unit may infringe upon the property ownership rights of residents' committees.
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Do the math how much it will cost you to renovate your home
Developers will stipulate the area of greening in advance when building a house, because the greening of the community is very important for the life of the residents of the community, if the greening area is relatively small, then the residents of the community will feel that the living environment is not particularly good, but the green area can not be particularly much, because the more green area, the more mosquitoes in summer, and the greening maintenance is particularly prone to problems.
At present, most of the community greening is managed by the community property company, so when there is a problem with the community greening, you can directly find the property company to reflect the specific situation, if the community property is not willing to manage, then you can complain to the local housing authority.
How should the property maintain and manage the greening of the community?
First of all, the property company should arrange fixed personnel, choose to check the number of deaths in mid to late March and late October each year, and be able to do a good job of replanting;
Secondly, we must pay close attention to the growth of green plants in the community, if the green plants have the phenomenon of diseases and pests, then we must prevent and deal with them in time to avoid reducing the quality of life of the owners.
How important is community greening?
Clause. First, greening can make the community more high-grade, now many buyers in the purchase of a house, will check the area of community greening, the area of greening is a measure of the quality of a community.
Clause. Second, greening can improve the living environment and living mood of residents, because there are more people living in the city, and there are more cars, so the pollution is more serious, if the greening of the community is more, then it can improve the air quality of the community.
What is the standard for the green environment of the community?
First of all, it is necessary to ensure that the green area inside the community can reach about 30% of the total area, and the average green area owned by each resident cannot be less than 1 square meter; Secondly, the location of green planting must be near the place where residents usually move, and leisure seats should be arranged around the greenery.
Enter the area and get the decoration for free**].
Enter the area, free of charge to get the destruction of the bureau to take the decoration**].
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Legal analysis: For the owners of the community who grow vegetables indiscriminately, we only have to reflect with the property department of the community, and let the management staff of the property department negotiate with the owner, if the owner has been disobeying the management of the property department with a particularly tough attitude, the property department of the community will also pull the owner into the blacklist, and it is also necessary to take compulsory measures such as pulling out all the vegetables he grows.
Legal basis: Article 35 of the "Property Management Regulations" property service enterprises shall provide corresponding services in accordance with the provisions of the property service contract.
Where a property management service enterprise fails to perform the provisions of the property management service contract, resulting in damage to the personal and property safety of the owner, it shall bear the corresponding legal responsibility in accordance with law.
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