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Anonymous users2024-02-131. It is illegal, the shared area of commercial housing belongs to the common ownership and use of all owners, and the shared area is not allowed to be occupied without permission.
2. Legal provisions: Civil Code of the People's Republic of China
Article 271: [Differentiated Ownership of Buildings] Owners enjoy ownership of the exclusive parts of the building, such as residential and commercial buildings, and enjoy the right of co-ownership and joint management of the common parts other than the exclusive parts.
Article 272: [Rights and Obligations of Owners Concerning Exclusive Parts] Owners have the right to occupy, use, benefit from and dispose of the exclusive parts of their buildings. The exercise of the rights of the owner shall not endanger the safety of the building and shall not harm the legitimate rights and interests of other owners.
Article 273: [Rights and Obligations of Owners Concerning Common Parts] Owners have rights and assume obligations with respect to common parts other than the exclusive parts of the building; Waiver of rights may not be used as a reason for non-performance. Hope!
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Anonymous users2024-02-12The owner has the right to occupy, use, benefit and dispose of the exclusive part of the building. The exercise of the rights of the owner shall not endanger the safety of the building, but shall not harm the legitimate rights and interests of other owners. 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 in the building zoning belong to the owners in common. 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. Within the building zoning, the parking spaces and garages planned for parking cars should first meet the needs of the owners.
Legal basis] Civil Code of the People's Republic of China
Article 271:Owners enjoy ownership of the exclusive parts of the building, such as residential and commercial buildings, and enjoy the right of joint ownership and joint management of the common parts other than the exclusive parts.
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Anonymous users2024-02-11Legal Analysis: Not counted. The property management regulations clearly stipulate that the property fee expenses include water and electricity charges in public areas, maintenance costs of facilities and equipment in public areas, staff wages and benefits, office expenses and other items, which have all been included in the property fees, and the owners do not need to pay extra.
Legal basis: Property Management Regulations
Article 43 Property management service enterprises may provide property management services other than repentance in accordance with the property management service contract agreed upon by the owner, and the service remuneration shall be agreed upon by both parties.
Article 44: Within the property management area, units such as for water supply, power supply, gas supply, heat supply, telecommunications, and cable television shall collect relevant fees from end users. Where Wuliang lifting service enterprises accept entrustment to collect the fees in the preceding paragraph, they must not charge additional fees such as handling fees from the owners.
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Anonymous users2024-02-10Legal analysis: If someone occupies the common area of the community without permission, the way for the owner to protect his rights is that the owner, the owners' committee, and the property management company can ask them to stop occupying it; If damage is caused to the common parts, it may also be required to bear the liability for compensation.
Legal basis: "Property Management Regulations" Article 66 In violation of the provisions of these Regulations, any of the following acts, the local people's ** real estate administrative departments at or above the county level shall be ordered to rectify 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 commit any of the acts 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. Activities within the property management area must not occupy public space, otherwise they will be punished by law.
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Anonymous users2024-02-09Legal analysis: It is the common part of the owner, and no one is allowed to arbitrarily occupy it.
Legal basis: Article 273 of the Civil Code of the People's Republic of China The owner has the rights and obligations to the common parts of the rotating parts other than the exclusive part of the building; It is not allowed to fail to perform obligations on the grounds of waiver of the right to envy. 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.
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Anonymous users2024-02-08The shared area is used collectively by the owners, and the owners have the right to use it.
Shared floor area refers to the floor area of the common part of the whole building jointly owned by the property owners of the whole building. Including: elevator shafts, pipe shafts, stairwells, garbage chutes, substation rooms, equipment rooms, public foyers, aisles, basements, guard rooms on duty, etc., as well as the construction area of the entire service public building and management rooms, calculated by horizontal projection area.
The common construction area that can be divided into holes and stalls in the shared area of the house is: lobby, public foyer, corridor, aisle, electric (building) elevator vestibule, stairwell, elevator shaft, elevator machine room, garbage channel, pipe well, pump room, fire escape, power (distribution) room, guard room on duty, etc., as well as the public room and property management room that serve the whole building and other special equipment rooms that serve the building functionally.
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Anonymous users2024-02-071. The owners can complain to the local housing authority through the owners' meeting or the local housing authority, and the specific infringement will be dealt with according to the different management departments to which the specific infringement belongs. 2. According to the "Property Management Regulations", the owner of the house is the owner. Owners have the following rights in property management activities:
1) In accordance with the provisions of the property service contract, accept the services provided by the property management service enterprise; (2) Propose to convene a general meeting of owners and make recommendations on matters related to property management; (3) Propose to formulate and revise the management statute and the rules of procedure of the owners' general meeting; (4) Participate in the meeting of the general meeting of owners and exercise the right to vote; (5) To elect the members of the owners' committee and enjoy the right to be elected; (6) To supervise the work of the owners' committee; (7) Supervise the performance of property service contracts by property service enterprises; (8) The right to know and supervise the use of common parts of the property, common facilities and equipment, and related sites; (9) Supervise the management and use of special maintenance funds for common parts of property and common facilities and equipment (hereinafter referred to as special maintenance funds);
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Anonymous users2024-02-06Legal Analysis: Yes. The so-called public area is a public area or a room for public equipment and facilities.
The property is responsible for the repair, maintenance and management of common areas and public facilities and facilities. Therefore, the shared area of the community belongs to the scope of responsibility of the property company. The property company naturally has the right to ambush the collapsed pipe.
Legal basis: Property Management Regulations》 Article 2 The term "property management" in these Regulations refers to the activities of the owners through the selection of property service enterprises, and the owners and property service enterprises in accordance with the property service contract to repair, maintain and manage the housing and supporting facilities and equipment and related sites, and maintain the environmental sanitation and related order in the property management area.
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