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What should I do if I violate Article 51 of the State Property Management Regulations?
The real estate administrative departments of local people's governments at or above the county level shall be responsible for the supervision and management of property management activities within their respective administrative areas.
Attachment: Article 51 Owners and property management enterprises shall not occupy or dig roads and sites within the property management area without authorization, which will harm the interests of owners.
Because of the maintenance of property or public interests, the owners really need to temporarily occupy or dig roads and sites, and shall obtain the consent of the owners' committee and the property management enterprise; If a property management enterprise really needs to temporarily occupy or dig roads and sites, it shall obtain the consent of the owners' committee.
Owners and property management companies shall restore the roads and sites temporarily occupied and excavated to their original state within the agreed time limit.
Interpretation of this article stipulates the rules for owners and property management companies to occupy and dig public roads and sites.
Roads and sites within the property management area belong to all owners and should be used by all owners according to their usual purposes. Therefore, generally speaking, individual owners and property management companies have no right to occupy or dig roads and sites outside the scope of property use and services without authorization, otherwise the rights enjoyed by other owners or all owners on the * * * owned or * * * used part of the property will be infringed. However, under special circumstances, owners or property management companies may need to temporarily occupy and dig roads and sites. For example, in order to maintain underground pipelines, property management companies need to temporarily dig public roads.
The regulations limit this to safeguarding property or public interests, and it is really necessary to occupy and excavate. Therefore, in addition to every reason, it is necessary to reach the degree that it is really needed. That is to say, occupation and excavation are indispensable means to achieve the purpose of safeguarding or safeguarding public interests. In this case, occupation and excavation are allowed. In addition to the above preconditions, it is also necessary to obtain the consent of the owner or the property management enterprise, and the two sides will make arrangements on the specific scope, method and time of occupation and excavation. Specifically, if the owners temporarily occupy or dig roads and sites, they shall obtain the consent of the owners' committee and the property management enterprise; If a property management enterprise really needs to temporarily occupy or dig roads and sites, it shall obtain the consent of the owners' committee. The former also needs the consent of the property management company, mainly because the property management company is responsible for the maintenance of the property, and it has the obligation to properly maintain it. Obtaining its consent will not only help to ensure that the damage to roads and sites is minimized, but also help it to take measures to reduce the inconvenience caused to other owners.
As the roads and sites were originally owned or used by * * * *, the owners and property management companies should restore the temporarily occupied and excavated roads and sites to their original state.
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