Job Recruitment Website - Property management company - Does the community owner have the right to forcibly demolish the property in the public area? What is the legal basis?
Does the community owner have the right to forcibly demolish the property in the public area? What is the legal basis?
Article 2 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Disputes over the Ownership of Buildings stipulates: "Houses that meet the following conditions, as well as specific spaces such as parking spaces and sentry boxes, shall be recognized as proprietary parts as mentioned in Chapter VI of the Property Law: (1) The structure is independent and can be clearly distinguished; (two) independent use, can be used exclusively; (3) It can be registered as the ownership object of a specific owner. " Accordingly, balconies and windows are the exclusive parts of the owner. Article 7 1 of the Property Law stipulates: "The owner has the right to possess, use, profit from and dispose of the exclusive part of his building. The owner's exercise of rights shall not endanger the safety of the building or damage the legitimate rights and interests of other owners. " You installed the anti-theft net for your own safety protection. The outside of the anti-theft net is in the same plane position as the external wall of the house, which neither endangers the safety of the house nor harms the interests of others. The property management company has no right to interfere. On the other hand, your agreement with the property management company about installing anti-theft net is invalid. Article 40 of the Contract Law stipulates: "If the party providing the standard terms exempts the other party from its responsibilities, aggravates the other party's responsibilities and excludes the other party's main rights, the terms are invalid." Because the house decoration management agreement signed by the property management company with you is derived from the format text provided by it, and the agreement of "no anti-theft net, screen window and other protective equipment shall be installed" excludes your reasonable right to use the balcony and window of your house. Although you signed the agreement voluntarily, the clause is still invalid, and the contents involved are not legally binding on you from the beginning.
References:
Understanding of Baidu Encyclopedia's Judicial Interpretation; the Supreme People's Court tried the case of building ownership dispute.
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