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Can the owner grow vegetables in the public green space?
Case hypothesis
Xiaoli lives on the first floor of the community, and there is a lawn in front of her house. She planted some vegetables in a corner of the green space. Other neighbors saw it and circled a piece of land to grow vegetables.
Later, someone complained to the property about their behavior of growing vegetables, and the property posted a notice to inform all owners of the community to deal with the crops on the green space themselves, otherwise they would clean them up in a unified way.
Xiaoli thinks that the public green space belongs to everyone and she has a certain right to use it, so she doesn't deal with her own vegetables. As a result, the property was completely cleaned up, so Xiaoli and her family had a dispute with the property.
So, can Xiao Li grow vegetables in an enclosure?
legal ground
Article 278 The following matters shall be agreed upon by both parties:
(a) to formulate and amend the rules of procedure of the owners' congress;
(2) Formulating and amending management regulations;
(three) to elect the owners' committee or replace the members of the owners' committee;
(four) the selection and dismissal of property services companies or other management personnel;
(five) the use of funds for the maintenance of buildings and their ancillary facilities;
(six) to raise funds for the maintenance of buildings and their ancillary facilities;
(seven) renovation of buildings and their ancillary facilities;
(eight) change the use of * * * or use * * to engage in business activities;
(nine) other major matters related to the management rights of * * * and * * *.
case analysis
According to the relevant provisions of the Civil Law, the behavior that Xiaoli Circle occupies the public green space to grow vegetables belongs to "changing some uses of * * * *", which should be decided by the community owners, not by themselves. So Xiaoli can't grow vegetables without the owner's consent, which is illegal.
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