Is it the responsibility of the property management that the community property is privately occupied?

1. According to Article 4 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes: "If the owner violates the property service contract or laws, regulations and management regulations and implements acts that hinder the property service and management, and the property service enterprise requests the owner to bear corresponding civil liabilities such as restitution, cessation of infringement and removal of obstruction, the people's court shall support it. Unauthorized occupation of public areas by owners of residential quarters is not only a breach of contract in violation of management regulations, but also an illegal act in violation of land management law, urban planning law and other relevant laws and regulations. In this case, the property management company has the right to file a lawsuit on behalf of all the owners, demanding that the owners who violate the law or breach the contract stop occupying the public area, which is both the right and the obligation of the property management company.

2. According to the provisions of the Property Law, the neighboring parties of real estate should correctly handle the neighboring relationship in accordance with laws and regulations and social ethics, in the spirit of facilitating life, solidarity and mutual assistance, and fairness and reasonableness. At the same time, according to the provisions of Article 83 of the Property Law, owners can bring a lawsuit to the people's court in accordance with the law for acts that infringe upon their legitimate rights and interests, and owners with adjacent relations or interests can bring a lawsuit to the court on the grounds of harming their safe living interests.

Three, in dealing with similar incidents of private occupation of public areas by owners of residential quarters, we should actively play the role of property companies or owners' committees. Some owners occupy public space and build buildings without permission. Property management companies should stop it. If it fails to stop it, it may bring a lawsuit on its behalf. It is both a right and an obligation for the property company to stop it. Those who fail to fulfill their obligation to stop in time shall bear adverse consequences. If it is not stopped, property enterprises will bear the responsibility of improper management.

The above content is taken from the neighborhood gang life circle.