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Does the property have the right to stop the owner's illegal decoration? How to stop it?
According to the current "Measures for the Administration of Residential Interior Decoration", the property management unit shall implement management according to the residential interior decoration management service agreement. Found that decoration, decoration enterprises to change the main structure of the house or without the approval of the relevant departments to dismantle, rebuild, build temporary facilities, it should be stopped immediately; If it has caused factual consequences or refuses to correct it, it shall promptly report to the relevant departments for handling according to law.
If a decoration person or decoration enterprise violates the residential interior decoration management service agreement, it shall be held liable for breach of contract. That is, it is not only the right but also the obligation of the property company to stop the owner's illegal decoration behavior.
Extended data:
Case list: the owner Wang pried open a window on the east wall of his indoor bathroom and smashed through the thick outer wall. The property company came to the door several times to stop it, but Wei did not listen to the dissuasion and continued the construction, resulting in mud pollution from the 16 floor to the bottom wall.
In addition to informing, discouraging and reporting, the realty service enterprise can also handle it according to the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes.
Article 4: "The people's court shall support the owners who violate the property service contract or laws, regulations and management regulations and conduct acts that hinder the property service and management, and the property service enterprises request the owners to bear corresponding civil liabilities such as restoring the original state, stopping the infringement and removing the obstruction." It is stipulated to remove the windows on the wall, restore the original state, clean up the wall pollution and other matters and hand them over to the illegal owners.
Baidu Encyclopedia-Property Management Regulations
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