Who will deal with the encroachment of the public area of the community?

If the public green space in the residential area is occupied, the owner may notify the property management company. As the unit entrusted by the owner to manage the residential area, the property management company in the residential area shall stop the unauthorized occupation of public green space.

If the property can't be stopped, the owners of the community can ask the infringer to stop the infringement or bring a lawsuit to the court through the owners' meeting and the owners' committee according to the property management regulations and the community management regulations.

Consequences of unauthorized demolition of residential areas and illegal buildings:

Unauthorized demolition of illegal buildings in residential areas shall bear the corresponding liability for compensation. If the illegal construction of residential owners damages the legitimate interests of other owners, the injured party may require them to dismantle the illegal construction and compensate for their own losses. In addition, the property company also has the right to ask the owners to dismantle illegal buildings. If the owner refuses to dismantle it, he can bring a civil lawsuit to the community owners' committee. Illegal buildings have the harm of encroaching on social public resources and urban space and destroying the image of the city.

Who will benefit from advertising in the community public area:

The advertising revenue in the public area of the community belongs to all owners. The public area of the community belongs to the owner's public property, and the property is only responsible for the normal operation and management of public facilities in the public area, and does not have private property rights. Owners have the right to profit from advertisements in public areas. After deducting reasonable advertising expenses, its income belongs to the owner.

The ownership of underground parking spaces in the community is as follows:

1. Owners share the construction cost: If the area of underground parking spaces has been included in the pool area and shared when buying a house, such underground parking spaces will not get the title certificate and belong to all owners of the community, and developers have no right to sell, let alone transfer;

2. Self-construction by developers: the construction area of underground parking spaces is not shared, and if developers independently obtain garage property rights, developers can sell property rights to buyers, but underground garages can only be pre-sold to pre-buyers of commercial housing in the community;

3. civil air defence works: Some underground parking spaces belong to civil air defense projects, which are prohibited from being sold by developers according to mandatory regulations of the state.

To sum up, if the community owners occupy public areas, this behavior is illegal construction, which should be decided by the people's government at the county level and forcibly removed by the urban construction or urban management bureau.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 274

Roads within the building division belong to the owner, except those belonging to urban roads. The green space within the building division belongs to the owner, except for urban public green space or express personal green space. Other public places, public facilities and property services within the building division are owned by the owner.