What laws and regulations did the community owners violate when occupying public areas?

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 Dispute Cases, the people's court shall support a property service enterprise that requests the owner to assume corresponding civil liabilities such as restitution, cessation of infringement and removal of obstruction. 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.

Roads and green spaces in residential areas are public land of the community, and all owners of the community have separate ownership of the buildings. Unauthorized occupation of public resources is an infringement on the interests of community owners. The green space, roads and property management houses in the building division belong to the owners, except those belonging to municipal construction. "

Neighbors occupy public space in the following ways:

1. The owner can ask the neighbors to stop occupying and restore the corridor to its original state;

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

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

4. If there is no industry committee in the community or the industry committee has no effect, you can complain to the community management department.

5. 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.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 280

The decision of the owners' congress or the owners' committee is legally binding on the owners.

If the decision made by the owners' congress or the owners' committee infringes on the legitimate rights and interests of the owners, the infringed owners may request the people's court to revoke it.

Article 287

Owners have the right to require construction units, property service enterprises or other managers and other owners to bear civil liability for violations of their legitimate rights and interests.