Does the industry Committee have the right to dismantle illegal construction?

Legal analysis: The owners' assembly and the owners' committee have the right to ask the actors to stop the infringement, eliminate the danger, remove the obstruction and compensate the losses in accordance with laws, regulations and management regulations for any behavior that damages the legitimate rights and interests of others, such as dumping garbage at will, discharging pollutants or noise, raising animals illegally, building illegally, occupying the passage and refusing to pay property fees. Owners who infringe upon their legitimate rights and interests may bring a lawsuit to the people's court according to law.

The chairman has the right to file an infringement lawsuit on behalf of the owner against acts that damage the legitimate rights and interests of others, but it does not mean that the illegal buildings in the community can be demolished by himself. First, the identification of illegal buildings cannot be decided by private individuals or other organizations at will. Secondly, even if infringement is involved, self-help means such as removing obstacles and eliminating dangers must be exercised within a reasonable range. Therefore, the best solution is to ask the infringer to dismantle it himself first. If not, you can bring an infringement lawsuit to the court in the name of the owners' committee, or apply to the administrative department of housing and land for compulsory demolition.

Legal basis: Article 22 of the Regulations on Property Management, the construction unit shall formulate a temporary management statute before selling the property, and make an agreement on the use, maintenance and management of the property, the interests of the owner, the obligations that the owner should perform, and the responsibilities that the owner should bear if he violates the temporary management statute.

The temporary management regulations formulated by the construction unit shall not infringe upon the legitimate rights and interests of property buyers.