Job Recruitment Website - Property management - What if the owner builds the property privately?
What if the owner builds the property privately?
Dispute Case Zhao Nvshi bought a villa in B Community in 2007. However, shortly after the family moved in, they found that the neighboring owners had added a layer to the roof. Ms. Zhao thought that the neighboring owners had violated their rights, so she found the property and asked for demolition. The property company said that it would find the surrounding owners to coordinate this matter. Zhao Nvshi thought that the problem would be solved, but six months later, the neighboring owners did not demolish the built houses, and even continued to build houses next to them. Zhao Nvshi was very angry and found a property management company. The property management company told Zhao Nvshi that they had informed the nearby owners that they were not allowed to build any more buildings and reported it to the urban management department. However, property management companies also have no right to demolish illegal buildings, and suggest that Zhao Nvshi can sue neighboring owners. Ms. Zhao believes that the management of the community is the responsibility of the property company. Ms. Zhao did not find a neighbor owner to negotiate and did not file a lawsuit. And refused to pay property fees since 2009. Later, the property company sued Zhao Nvshi to the court. The judge suggested that in this case, Ms. Zhao thought that the property company did not stop the illegal construction and improper service, so she refused to pay the property fee. So, is Ms. Zhao's statement reasonable? As the service provider and manager of the community, the property company has the obligation to manage and stop the illegal construction in the community. In this case, the property management company contacted the corresponding owners and sent a written notice after receiving Ms. Zhao's report on illegal construction. In the case that the corresponding owners continue to carry out illegal construction, the property management company promptly reported to the urban management department and fulfilled the corresponding obligations, and there was no delay in exercising management duties. Although the problem of illegal construction has not been solved, the property management company has already dealt with it, and there is no legal basis for Zhao Nvshi to refuse to pay property fees on this ground. At the same time, if Ms. Zhao thinks that the illegal construction of rural forest rights holders has infringed on her own interests, then as the party whose rights have been damaged, Zhao Nvshi should also actively safeguard her rights, such as bringing a lawsuit against the neighboring rights holders.
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