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Does the property company have the right to interfere when the owner opens a shop privately?
Legal analysis
Owners are not allowed to change the residential purpose of the house without authorization. If it is really necessary to change the use of the house, first of all, we must abide by the provisions of laws, regulations and management conventions that conform to national health, environmental protection and urban planning, and go through the corresponding examination and approval procedures. At the same time, it is necessary to obtain the consent of interested owners. Property has a unified management statute, which can also guarantee the rights and interests of other owners. The nature of housing can generally be divided into three categories: commercial housing, housing reform housing and fund-raising housing. People often say that high housing prices refer to commercial housing. These three types of housing not only have different basic definitions, but also have different restrictions. Commercial housing: refers to the houses developed by real estate development and management companies with the approval of relevant government departments and used for sale and rental in the market after completion, including houses, commercial houses and other buildings. Self-built houses or other buildings built, participated in or entrusted by the government do not belong to the scope of commercial housing. Housing reform: it is a kind of compensation that the state does not include housing consumption funds in the wages of employees. It is a form of transition from housing system to housing commercialization. The price is not determined by the relationship between market supply and demand, but by the government according to the principle of realizing simple housing reproduction and establishing a social security housing supply system. It is sold at standard price or cost price. Raising funds to build houses: it refers to a way to change the system that housing construction is all-inclusive by the state and units, and implement the joint commitment of the government, units and individuals, and carry out housing construction through raising funds. Individual workers can contribute in full or in part according to the house price, and the government and relevant departments will give some relief in land use, credit, building materials supply, taxes and fees. To sum up, as long as the owner does not change the nature of the house, he can do business in the community and the property has no right to manage.
legal ground
Measures for the administration of public rental housing
Twenty-fifth public rental housing owners and their entrusted operating units shall not change the nature and use of public rental housing and the planned use of supporting facilities.
Article 34 If the owner of public rental housing and the operating unit entrusted by him violate these measures and commit any of the following acts, the housing security department of the people's government at the city or county level shall order him to make corrections within a time limit and impose a fine of not more than 30,000 yuan: (1) Renting public rental housing to unqualified objects; (two) did not fulfill the obligation to maintain public rental housing and its supporting facilities; (three) to change the nature and use of public rental housing and the planned use of supporting facilities. If the owner of public rental housing is an administrative organ, it shall be handled in accordance with Article 33 of these Measures.
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