Can the property management company dismantle the owner's illegal buildings?

In this article, French Express Xiaobian introduces the scope of rights of property management companies to you through a case, hoping to help you. I. Introduction to the Basic Case Owner Guo was sued by the residential property management company for building a sun shed on the north terrace without authorization, violating the temporary convention of the owners. The court of first instance ruled that Guo demolished the sun shed built on the north terrace. Guo refused to accept the appeal, and the court of second instance held that the property company filed a lawsuit with the court and asked the owner Guo to dismantle the sun shed, which was unfounded in the law. Therefore, the civil judgment of the court of first instance was revoked and the lawsuit of the property company was rejected. Guo's claim to the property management company is undoubtedly true, and the court of first instance also confirmed it. Second, the legal analysis of the case The focus of the dispute in this case is whether the property company can sue the owner as the subject of litigation without the authorization of the owners' meeting. According to the laws of our country, the property management company has no right to sue in its own name for similar incidents such as illegal building and unauthorized balcony sealing. 1, which has no direct interest with the property management company and does not meet the conditions for filing a case. The negative legal consequence of this behavior is that it violates the rights of other rights holders. For example, the illegal construction of the first floor may affect the safety of the owners on the second floor, and for all owners, it will affect the property quality of the whole community. For the property management company, there is no direct interest relationship, and the direct interest of the property management company has little influence. According to Article 108 of the Civil Procedure Law, one of the conditions that a prosecution must meet is that the plaintiff is a citizen, legal person and other organization that has a direct interest in the case; It can be seen that citizens, legal persons and other organizations that have no direct interest are not qualified as litigants. Owners' illegal construction and other similar behaviors may have a certain indirect impact on the management of the property company and bring inconvenience to the management, but it does not mean that such behaviors of owners have a direct interest relationship with the property company. 2. In the (pre-) property management contract and the owners' (temporary) convention, it is against the law for the developer or the owners to authorize the property management company to conduct litigation. Residential owners illegally build, seal balconies, occupy roads and other similar behaviors. Legally speaking, it is a kind of civil tort. If it is an illegal building, it is the owner's violation of the ownership of public parts. If the owner's substantive rights are infringed, he can defend his rights through civil litigation, that is, exercise the right of appeal, but whether this right of appeal can be transferred or not, the answer is completely negative. Because a prerequisite for the transfer of litigation right is the transfer of civil entity rights, and the infringed entity rights of community owners cannot be transformed into the infringement of the entity rights of property companies, which also stems from the infringement and attachment rights of both parties. In the property insurance of insurance law, there are provisions on subrogation. For example, if A's vehicle is stolen, and B is not caught, the insurance company will pay A according to the insurance contract. In this case, the insurance company will enjoy the right of subrogation, and can claim compensation from B, or demand that B pay directly to the insurance company through litigation. In fact, this provision of subrogation cannot be applied to the breach of contract discussed in this paper, because in the case of the above insurance company, A's losses have been paid by the insurance company, A's interests have been protected, and the insurance company enjoys the agency right according to law because of the advance payment. In similar incidents such as illegal buildings, it is difficult to calculate the losses caused by illegal buildings to the owners, and it is impossible for the property company to compensate the damaged owners, so there is no premise of subrogation. If the similar incidents of illegal construction and unauthorized closure of balconies by individual owners are regarded as violations of the owners' (temporary) convention, can the right of appeal based on individual owners' violations be transferred? The answer is also no, the right of action is a procedural right, which is generally transferred together with substantive rights. Let's first look at whether the contract debt can be transferred due to the owner's default.