What should I do if the roof is occupied by the top floor residents?

Residential residents or property management companies can bring a civil lawsuit to the people's court, demanding that the top floor residents demolish the illegal buildings and restore them to their original state, and at the same time bring an administrative lawsuit, demanding that the relevant street management departments actively perform their statutory duties and safeguard the legitimate interests of residential residents. Roof space belongs to other public places in the building division, so it belongs to the owner.

First, the common types of property disputes

1. Property dispute without property service contract

Many property management companies have not signed written contracts with owners' committees or owners. In the absence of contractual stipulations and provisions, disputes between the two parties are easy to occur and cannot be solved well. Therefore, the property service contract is still very important, and the owners need to pay attention to signing the property service contract, and don't ignore it easily.

2. The dispute over the standard of property fees.

The property management service fee for ordinary houses is the government-guided price. When determining the fees, it should be based on the reasonable cost of property management services and the comprehensive calculation of the economic affordability of the owners. Other houses must be approved by the owners or the owners' committee. But in fact, there is no specific standard for property fees, and property companies will collect fees indiscriminately, which will also lead to disputes.

3, the owner refused to pay the property management fee dispute.

It may be unreasonable for the owner to refuse to pay, or the service quality provided by the property management enterprise can't meet the standard stipulated in the contract, or it may be unreasonable to share the expenses on business, which needs to be handled according to different actual conditions.

4, property management companies breach of contract disputes

The default behavior of property management enterprises is mainly manifested in poor maintenance and management of public parts and facilities; Failing to fulfill the management responsibilities of environmental sanitation, greening and public order in the property management area, resulting in the deterioration of the property environment. At this point, property management companies need to bear the liability for breach of contract according to law.

5. Improper handling of property disputes.

At present, many property companies often adopt inappropriate methods when dealing with property disputes and disputes with owners, such as violent settlement and litigation. In this way, it is not only difficult to solve the fundamental problem, but also easy to intensify contradictions.

Second, the settlement department of property disputes

1, you can complain to the property management office of the local real estate administration, which is the competent department of the property industry;

2, do a good job before the complaint. Try not to take the form of oral complaints, and try to submit them in writing;

3. Look at the property management agreement signed between you and the property management company before submission. Where the property management company failed to perform its duties, the evidence should be full and complete.

legal ground

People's Republic of China (PRC) Civil Code

Article 272 The owner has the right to possess, use, profit from and dispose of the exclusive part of his building. The owner's exercise of rights shall not endanger the safety of the building or damage the legitimate rights and interests of other owners.

Article 281 The maintenance fund of a building and its ancillary facilities shall be owned by the owner. With the consent of the owner, it can be used for local maintenance, renewal and transformation of elevators, roofs, external walls and barrier-free facilities. The collection and use of maintenance funds for buildings and their ancillary facilities shall be announced regularly.

In case of emergency, if the building and its ancillary facilities need to be repaired, the owners' assembly or the owners' committee may apply for the maintenance funds of the building and its ancillary facilities according to law.

Article 287 The owner has the right to require the construction unit, the realty service enterprise or other managers and other owners to bear civil liability for acts that infringe upon their legitimate rights and interests.

property management regulations

Fiftieth owners and property service enterprises shall not occupy or dig roads and sites within the property management area without authorization, which will harm the interests of owners.

Because of the maintenance of property or public interests, the owners really need to temporarily occupy or dig roads and sites, and shall obtain the consent of the owners' committee and the realty service enterprise; If it is really necessary for a realty service enterprise to temporarily occupy or dig roads and sites, it shall obtain the consent of the owners' committee.

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