Can the property service enterprise dispose of some parts of the owner without authorization?

A property management company used the top floor of an owner's residential building as its own staff canteen and staff rest area, and its behavior was unanimously protested by the owners. However, the property management company claimed that the top floor of the building was designated as the staff canteen and rest area, which did not infringe on the rights and interests of other owners, because the roof was originally idle. Now community owners want to safeguard their rights and interests, what should they do?

The lawyer replied.

According to the law, the top floor of a residential house is a part of all the owners of the building. Since it belongs to the owner, no matter whether it is idle or not, the property management company has no right to dispose of part of it. As the obligee, the owners of the above-mentioned buildings have the right to request the property management company to restore the original state or even compensate for the losses.

Legal link

The Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Disputes over the Ownership of Buildings.

Article 14 If a construction unit or other actor arbitrarily occupies or disposes of the owner's part, changes its use function or conducts business activities, and the obligee requests to remove the obstruction, restore the original state, confirm that the punishment is invalid or compensate for the losses, the people's court shall support it.

If the right holder requests the actor to use the proceeds after deducting reasonable expenses to supplement the special maintenance funds or other purposes decided by the owner for the unauthorized business activities specified in the preceding paragraph, the people's court shall support it. The actor bears the burden of proof for the cost expenditure and its rationality.