* * * Is there any property that can be occupied and used?

This community has no right to rent public land. 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. The public * * * area of the property rental community is an infringement on the owners' rights and interests. If negotiation fails, the developer can be sued by collecting evidence of relevant issues.

1. Does the property have the right to occupy public space for rent?

Property has no right to rent public places. If a property wants to rent a public place in a residential area, it must be agreed by most owners and decided by the owners, and the income from renting a public place should also be owned by the owners.

Public places include building corridors, elevators, roads, parks and green spaces, etc. These public places belong to all owners. The property management company only accepts the entrustment to manage and maintain the community, and has no right to dispose of public places without authorization instead of the owners, including renting public places without permission.

Therefore, if the owner feels that the property management company or others have used a part of the owner without authorization, whether it is to change functions or conduct business activities, but without the consent of the owner, then they can sue in court to safeguard their legitimate rights and interests.

Even if the property is approved by the owner, use the public space of the community to carry out some business activities. Then the income is also owned by the owners of the community, and the owners have the right to ask the property to disclose the income.

1. What should I do if the property occupies public land?

1. The property needs the consent of the owners' committee to occupy public land. According to the laws of our country, owners and property service enterprises are not allowed to occupy or dig roads and sites in the property management area without authorization, which harms the interests of owners.

2. Legal basis: Civil Code of People's Republic of China (PRC).

Article 283 Where the parties have agreed on matters such as cost sharing and income distribution of the house and its ancillary facilities, such agreement shall prevail; If there is no agreement or the agreement is unclear, it shall be determined according to the proportion of the owner's exclusive area.

Article 274 The roads within the building division, except the urban roads, belong to the owners. The green space within the building division belongs to the owner, except for urban public green space or express personal green space. Other public places, public facilities and property services within the building division are owned by the owner.

Second, the owner can occupy the public corridor at will?

Owners are not allowed to occupy public corridors at will. The public corridor belongs to the part used by the owners, and its property rights belong to all owners. According to the relevant regulations, if the owner does not occupy the public corridor in violation of the regulations, the property management company has the right to dissuade and stop it according to the provisions of the property management service contract and the owners' convention, and restore the original state and compensate for the losses.

Owners have the right to possess, use, profit from and dispose of the exclusive parts of their buildings. The owner's exercise of rights shall not endanger the safety of the building or damage the legitimate rights and interests of other owners.

I hope the above content can help you. Please consult a professional lawyer if you have any other questions.

Legal basis: Article 274 of the Civil Law of People's Republic of China (PRC), the roads within the building division are owned by the owners, except those belonging to urban roads. The green space within the building division belongs to the owner, except for urban public green space or express personal green space. Other public places, public facilities and property services within the building division are owned by the owner.

The "Regulations" of People's Republic of China (PRC) property management fifty-first owners and property management companies are not allowed to occupy or dig the roads and sites in the property area without authorization, which harms the interests of the owners. If it is really necessary for the owners to temporarily occupy or dig roads and sites for the maintenance of property or public interests, they shall obtain the consent of the owners' committee and the property management enterprise.