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Can I sue the property regardless of the illegal construction of the community?
The procedure for prosecuting illegal residential property is as follows:
1. Collecting evidence: collecting evidence about illegal construction and property neglect, such as photos, videos and related documents;
2. Consulting a lawyer: you can consult a professional lawyer about relevant legal issues and understand the legal procedures and precautions for suing the property;
3. Bring a lawsuit: bring a lawsuit to the local court in accordance with relevant legal procedures to sue the property for failing to perform its duties and safeguard the rights and interests of the owners;
4. Preparation materials: Before filing a lawsuit, you need to prepare the complaint, evidence materials and other related documents;
5. Attend the trial: During the trial arranged by the court, you need to attend the trial as required and provide evidence and statements;
6. Waiting for judgment: waiting for the court to make a judgment and executing it according to the judgment.
No matter what the sued property is, the information required for illegal construction of residential property is as follows:
1, residential property management regulations, property service contracts, resolutions of the owners' meeting and other related documents;
2. Evidence of illegal construction, including site photos, construction drawings, building certificates, etc. To prove the existence of illegal buildings;
3. Power of attorney and lawyer's practice certificate of the entrusted lawyer;
4. Relevant evidential materials, such as vouchers for paying property fees and records of applying for maintenance from the property management company. To prove that the owner has fulfilled relevant obligations;
5. Other supporting materials, such as relevant evidence that the property management company failed to perform its management duties.
To sum up, the specific information to be provided may vary according to the specific circumstances of the case. It is recommended that the owner consult a professional lawyer before suing to ensure the comprehensiveness and accuracy of the information.
Legal basis:
"People's Republic of China (PRC) urban and rural planning law" sixty-fourth.
Without obtaining the construction project planning permit or failing to carry out construction in accordance with the provisions of the construction project planning permit, the competent department of urban and rural planning of the local people's government at or above the county level shall order it to stop construction; If corrective measures can be taken to eliminate the impact on the implementation of the plan, it shall be corrected within a time limit and a fine of more than 5% 10% of the project cost shall be imposed; Unable to take corrective measures to eliminate the impact, it should be removed within a time limit. If it cannot be demolished, the real object or illegal income shall be confiscated, and a fine of less than 10% of the project cost may be imposed.
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