Can the gatehouse downstairs do catering without the consent of the upstairs residents? Please ask relevant experts to answer, thank you!

The gatehouse downstairs in the residential area belongs to the catering industry without the consent of the upstairs residents. Need to determine whether this gatehouse is a part of the residential property. If it is the * * * part of the residential property, the owner can disagree.

1. According to Article 54 of the Regulations on Property Management, those who use the parts and facilities of the property to conduct business shall go through the relevant procedures in accordance with the regulations after obtaining the consent of the relevant owners, owners' congress and property service enterprises. Owners' income should be mainly used to supplement special maintenance funds, and can also be used according to the decision of the owners' congress;

2. The ownership of the property management house belongs to the owner according to law. Without the consent of the owners' meeting, the property service enterprise shall not change the use of the property management house. Owners and property service enterprises shall not occupy or dig roads and sites within the property management area without authorization, which will harm the interests of owners;

3, without the consent of the owners' meeting, the property service enterprise changes the use of the property management premises without authorization, and the real estate administrative department of the local people's government at or above the county level shall order it to make corrections within a time limit, give a warning and impose a fine of 654.38 million yuan or more and 654.38 million yuan or less; If there is income, the income will be used for the maintenance and conservation of parts, facilities and equipment used in the property management area, and the rest will be used according to the decision of the owners' meeting.

Extended data:

1 In case of any of the following acts, the real estate administrative department of the local people's government at or above the county level shall order it to make corrections within a time limit, give it a warning and impose a fine in accordance with the provisions of the second paragraph of this article; The proceeds will be used for the maintenance of * * * parts and * * * facilities in the property management area, and the rest will be used according to the decision of the owners' meeting:

(1) changing the use of public buildings and facilities built according to the plan in the property management area without authorization;

(two) unauthorized occupation and excavation of roads and sites within the property management area, which harms the interests of the owners;

(3) Unauthorized use of the * * * part of the property and the * * * facilities for operation.

(4) If an individual commits one of the acts listed in the preceding paragraph, he shall be fined between 1000 yuan and 1000 yuan; If a unit commits one of the acts listed in the preceding paragraph, it shall be fined between 50,000 yuan and 200,000 yuan.

2. If the construction unit fails to allocate the necessary property management premises in the property management area according to the regulations, the real estate administrative department of the local people's government at or above the county level shall order it to make corrections within a time limit, give it a warning, confiscate its illegal income and impose a fine of 654.38 million yuan to 500,000 yuan.

3. If the realty service enterprise entrusts all the realty management within the realty management area to others, the real estate administrative department of the local people's government at or above the county level shall order it to make corrections within a time limit and impose a fine of more than 30% and less than 50% of the entrusted contract price; If the circumstances are serious, the qualification certificate shall be revoked by the department that issued the qualification certificate.

China yiyang Portal-Property Management Regulations