Does the property company have the right to file a lawsuit against the owners who violate the regulations?

Whether a property company is a qualified plaintiff depends on whether the property company has a direct interest in this behavior.

The basis for property companies to provide property services in residential areas is the preliminary property service contract signed with the construction unit or the property service contract signed with the owners' committee after being selected by the owners' assembly according to law. Article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes (hereinafter referred to as the Interpretation on the Trial of Property Dispute Cases) clearly stipulates: "The preliminary property service contract signed by the construction unit and the property service enterprise according to law and the property service enterprise selected by the owners' meeting according to law. If the owner raises a defense on the grounds that he is not a party to the contract, the people's court will not support it. "

The realty service contract should be a collective contract, and its establishment is not conditional on the signature and consent of each owner. Although the owner did not sign the property service contract in person, the first article of the Interpretation on the Trial of Property Disputes has clearly stipulated that the owner is a party to the property service contract, so whether the owner's illegal construction constitutes a breach of contract depends on whether it violates the contract.

Under normal circumstances, the property service contract stipulates that when using the property, the owner is forbidden to build buildings and structures in patios, courtyards, platforms, balconies, open air, roofs, roads or other venues. In violation of this provision, the property management company has the right to stop it. Owners are not allowed to engage in prohibited acts stipulated in the realty service contract, which is an obligation to other owners and also to the realty company.

One of the responsibilities (obligations) of the property management company is to maintain the environmental sanitation and order in the relevant areas. Due to the publicity of order, property management companies cannot maintain without the cooperation of owners. Therefore, in the property management service, the owner must perform certain obligations to ensure that the property management company performs its duties (obligations), and this obligation of the owner is obviously a contractual obligation to the property management company.

If the owner violates the property service contract and illegally builds, which constitutes a breach of contract for the property company, the property company may bring a lawsuit. Article 4 of the Interpretation on the Trial of Property Disputes stipulates: "If the owner violates the property service contract or laws, regulations and management regulations, and the property service enterprise requests the owner to bear the corresponding civil liabilities such as restitution, cessation of infringement and removal of obstruction, the people's court shall support it." This provision also provides a legal basis for the property company to file a lawsuit in its own name.