How to deal with the private occupation of public gardens in residential areas

When some * * * in the residential area is occupied by units or individuals without permission, the residential property management company, as a unit entrusted by the owner to manage the residential area, shall stop the unauthorized occupation of public * * * green space. If the property can't be stopped, the owners of the community can ask the infringer to stop the infringement or bring a lawsuit to the court through the owners' meeting and the owners' committee according to the community management regulations.

The solutions for occupying public areas are as follows:

1. The owner may request to stop occupying and restore the corridor to its original state;

2. If you continue to occupy the public corridor, you can complain to the residential property and ask for help to solve the problem of neighbors occupying the public corridor;

3. If there is no property in the community or the property is poorly handled, you can complain and feedback to the industry Committee, urge the neighbors to stop occupying it and restore the corridor to its original state;

4. If the dispute cannot be resolved, you can collect relevant information and file an infringement lawsuit with the court, demanding to stop the infringement, restore the original state of the corridor and compensate for the losses.

To sum up, the 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.

Legal basis:

Article 45 of the Regulations of People's Republic of China (PRC) Municipality on Property Management.

The realty service enterprise shall stop the violation of laws and regulations such as public security, environmental protection, property decoration and use in the realty management area, and report to the relevant administrative departments in a timely manner. After receiving the report from the realty service enterprise, the relevant administrative department shall stop the illegal act or deal with it according to law.

Article 50

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.