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Does the property management company have the right to punish the owners who change windows into doors and flower beds into gardens?
The lawyer stated that the real estate professional lawyer of Liaoning Lundian Law Firm believes that according to the relevant provisions of the Property Law, the owner has the right to manage the * * * other than the exclusive part of the building, and the owner's exercise of rights shall not endanger the safety of the building or damage the legitimate rights and interests of other owners. In this case, Xiao Liu changed the public flower bed into his own garden for his own convenience. His behavior violated the rights of other owners in this part.
As a service unit of the community, the property management company accepts the entrustment of all the owners and acts as an agent. Therefore, the property management company has the right to stop the behavior that infringes on the owner's rights and interests, and demand that it be restored to its original state. However, as an enterprise legal person, the property company does not have the power of law enforcement and administrative punishment. Therefore, the property company cannot impose a fine on Xiao Liu's behavior.
Lawyers reminded that when exercising exclusive rights, community owners should not endanger the safety of buildings and the legitimate rights and interests of other owners, otherwise they will bear civil liabilities such as stopping the infringement and restoring the original state or other adverse consequences.
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