Is it illegal for a property to build a base station privately?

"The base station can't be built, but the signal must be in. You have to find a way. " In Tangshan, Hebei Province, because of the fear of radiation at the signal station built on the top floor, the female owner and more than 500 owners wrote an objection letter, stopping the signal station under construction, but before everyone was happy, all the owners in the community lost their mobile phones! At that time, the originally quiet community immediately became lively.

Once again, everyone pointed the finger at the construction party. Under the leadership of female owners, community owners complained to the construction party in succession, which made the construction party miserable.

The construction party believes that it is not that the community does not build base stations, but that the community owners stop construction because they are worried about radiation. Construction is not allowed now, there is a signal. This is an unsolved problem!

The parties have admitted that the base station built on the roof has certain radiation, but this radiation is very small and will not affect people's life and health at all. For a simple example, each of us uses a mobile phone, and the radiation generated by the base station is even worse than that of the mobile phone. Moreover, our base station has been approved by the provincial environmental protection department and solicited the consent of the property company. The owner is looking for trouble, finding fault in an egg.

However, the community owners don't think so at all. No matter what the problem is, they always complain as long as there is no signal. Some people wonder why community owners are so United? In fact, this is because the hostess went door-to-door to explain the dangers of radiation to the owners, so everyone boycotted in Qi Xin.

This is really difficult for the construction party. Some netizens bluntly said that the community owners were unreasonable. If you follow the practice of the community owner, then all the base stations will stop. Where is there no radiation?

Undoubtedly, there are not a few people who agree with the opinions of netizens, but in fact, according to the law, the behavior of community owners is not only reasonable, but also legal.

First of all, it must be clear that it is illegal for a property company to let a mobile company build a base station on the roof without the consent of the owner. It is legal for the owner to ask the base station construction unit to stop construction. There is no legal basis for the property company to "negotiate" directly with the mobile company without the consent of the owner (usually, the property company will give the property leasing to the mobile company, sign a lease contract for a certain period, and pay the rent to the property company) to build the base station.

Because the property management company took advantage of its position to occupy the rental income of the public area of the community during its tenure as the property management office of the community, and allowed the mobile company to set up communication base stations and transmission towers without authorization, its essence was to maliciously embezzle the relevant income without making it public, which was obviously illegal.

According to Article 54 of the Property Management Regulations, those who use the * * * parts and * * * facilities and equipment of the property to operate shall go through relevant procedures in accordance with the regulations after obtaining the consent of the relevant owners, owners' congress and property service enterprises. The owner's income should be mainly used to supplement the special maintenance funds, and can also be used according to the decision of the owners' meeting. "Therefore, there is no legal basis for the property company to negotiate with the mobile company without the consent of the owner and the industry Committee.

Secondly, if the property company agrees that the mobile company will establish a base station in the public area of the community, it must be approved by a certain number of owners, which is also legal.

In this case, the site involved in setting up the base station is located on the roof of a building in a residential area, which is shared by all owners of the building, and all owners enjoy the right to manage * * * *, which belongs to other major matters related to * * * and * * * together with the right to manage, and should be approved by the owners whose proprietary parts account for more than half of the total construction area and more than half of the total number. Note that the two majorities here refer to the exclusive area and the number of people.

Thirdly, if the property company has been leased to a mobile company and generates a certain income, how can the owners protect their rights?

Because the public part of the community belongs to all owners, all residents of the community have the right to * * * and the management right of members, and the income generated by the public part of the community should belong to all the income of the community. Rental of property companies is an infringement on the property rights of all owners, so the income and interest during the stay should be returned to the owners. Taking the Industry Committee as the plaintiff, the author thinks that the property company's infringement has caused great property losses to all owners of the community, and requires the property company to return and compensate.

Finally, I want to say that the property is only the housekeeper of the community, and the housekeeper has no right to make decisions for the head of the household. This is certain, certain, at any time!

In fact, this is a small matter. The construction party only needs to communicate with the owners in advance, but they find the property directly. Is the property right greater than the owner? Everyone should remember that the property is just a housekeeper and has no right to make some big changes on behalf of the owners. It seems that these base station construction companies need to train their employees, at least let them know that they have something to communicate with the owners.