What should the community owners do if they violate the construction? How to deal with it?

Many commercial houses are built in residential areas for sale, which is also convenient for property management and provides comfortable living environment for owners. What should the owners do if the owners of the community set up illegally and damaged the rights and interests of other owners? After reading the following small series for you, it will definitely help you.

1. What should the owners do if they build illegally?

For illegal buildings of residential owners, the following methods are adopted to deal with them:

First, if the owner's illegal construction damages the legitimate rights and interests of other owners, the injured party may ask him to dismantle the illegal construction and compensate for the losses. Article 83 of Chapter 6 of People's Republic of China (PRC) Property Law stipulates that an owner who infringes upon his lawful rights and interests may bring a lawsuit to the people's court according to law. Accordingly, the owner has the right to request the demolition of illegal buildings.

Second, property companies can also ask owners to dismantle illegal buildings. Of course, from the perspective of legal rights, this right is based on the authorization of the owners' Committee. The responsibility of the property company itself is to exercise the property management right based on the property service agreement. If the owner refuses to demolish the illegal building, the owners' committee may bring a civil lawsuit.

Third, owners who believe that their rights and interests have been infringed but are unwilling to file a civil lawsuit can also take other ways to provide independent relief: first, report to the administrative department; According to relevant laws and regulations, if buildings and structures are illegally erected, the district/county real estate management department shall order them to be demolished; The second way is to report to the community owners' committee, which will dissuade and stop it, and if necessary, the owners' committee will file a civil lawsuit.

Second, what should the community owners do if they don't pay the property fee?

If the owner does not pay the property management fee, it depends on the reason. If the service of the property management company is not in place, such as substandard heating, unqualified maintenance, poor sanitation and other reasons, the property management company should take timely improvement measures and listen to the reasonable suggestions of the owners. This can improve the collection rate of property management fees. If the service of the property management company is not in place, and the owner deliberately defaults in paying the management fee, but still fails to pay it after repeated reminders, the property management company may, according to the property management payment contract signed with the owner, bring a lawsuit to the local court after repeated reminders of the property management company are invalid.

Owners and property services companies signed a property services contract, the property services companies should provide a certain standard of services in accordance with the provisions of the property services contract, the owners should pay the property services fees on time. Owners who fail to pay property service fees within the time limit shall bear corresponding legal responsibilities.

According to the "Regulations on Property Management", if the owner fails to pay the property service fee within the time limit in violation of the property service contract, the property company shall urge him to pay it within a time limit; If it fails to pay within the time limit, the realty service enterprise may bring a lawsuit to the people's court.

Legal basis: Article 7 of the Regulations on Property Management: Owners shall perform the following obligations in property management activities:

(a) abide by the management regulations and the rules of procedure of the owners' congress;

(two) abide by the rules and regulations of the use of * * * parts and facilities, the maintenance of public order and environmental sanitation in the property management area;

(three) to implement the decisions of the owners' congress and the decisions of the owners' committee authorized by the owners' congress;

(four) in accordance with the relevant provisions of the state to pay special maintenance funds;

(five) to pay the property service fee on time;

(six) other obligations stipulated by laws and regulations.

Article 64 of the "Urban Planning Law" shall be ordered by the competent department of urban and rural planning of the local people's government at or above the county level to stop the construction without obtaining the construction project planning permit or failing to carry out the construction in accordance with the provisions of the construction project planning permit; 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.