How to deal with the owner's unauthorized occupation of public areas?

It is a violation of property management regulations for owners to occupy public areas privately, and corresponding treatment measures should be taken.

First, issue a warning or rectification notice.

When it is found that the owners occupy public areas privately, the property management company or the owners' committee should first communicate with the owners to understand their reasons and intentions for occupying public areas and inform them that their actions have violated relevant regulations. At the same time, the property management company or the owners' committee may issue a warning or rectification notice to the owners, requiring them to immediately stop occupying public areas and restore to the original state. The notice shall specify the specific location, time, reasons and consequences of occupying public areas, and inform the owners of the legal responsibilities they will face if they do not rectify in time.

Second, take further treatment measures.

If the owner still refuses to cooperate after receiving the warning or rectification notice, the property company or the owners' committee may take further measures. Specifically, according to relevant laws and regulations and property management regulations, the owners can be fined and forcibly removed. The amount of fine should be reasonably determined according to the occupied area, time and other factors, so as to achieve the effect of punishment and warning. Forced demolition needs to be carried out according to law to ensure that it will not infringe on the legitimate rights and interests of the owners.

Third, strengthen property management.

In order to avoid the recurrence of the problem of owners occupying public areas privately, property management companies or owners' committees should strengthen property management and improve owners' awareness of autonomy and law. Specifically, we can strengthen the inspection of public areas and find and deal with the behavior of occupying public areas in time; At the same time, strengthen the publicity and education of owners to improve their understanding and compliance with property management regulations.

To sum up:

Owners' unauthorized occupation of public areas is a violation of property management regulations, and property companies or owners' committees should take corresponding measures. In the process of handling, laws and regulations and property management regulations should be followed to ensure that the legitimate rights and interests of the owners are not infringed. At the same time, strengthening property management and improving owners' autonomy and legal awareness are the key to prevent such problems from happening again.

Legal basis:

People's Republic of China (PRC) property right law

Article 70 provides that:

"The owner has the right to possess, use, benefit and dispose of the exclusive part of the 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. " This clause clarifies the basic principle that owners should abide by when exercising their rights, that is, they should not harm the legitimate rights and interests of other owners.

property management regulations

Article 45 provides that:

"Owners and users shall abide by the owners' convention and property management regulations, and shall not occupy or dig roads and sites within the property management area without authorization, which will harm the interests of the owners. "This clause specifically regulates the behavior of the owners and clarifies that it is not allowed to occupy public areas without authorization.