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Is there any responsibility for illegal construction of property in the community?
Secondly, when illegal construction is found, the implementers and relevant owners should be dissuaded and stopped in written and oral form in time, and reasonable and legal ways should be taken to dissuade and stop and keep the corresponding evidence.
Finally, it is necessary to report the illegal construction behavior and situation to the relevant administrative departments in a timely manner, and keep the relevant documents.
For the illegal construction behavior existing in the community, the neighboring owners can take the following ways to protect their rights:
1. Complaint: Complain to the administrative law enforcement department of urban management or other relevant government departments, and ask relevant departments to dismantle illegal buildings according to law.
2. Litigation: The affected neighboring owners can bring a lawsuit to the people's court according to law, demanding that the illegal owners remove the obstruction, restore the original state or compensate for the losses.
3. If the owners' committee has been set up in the community, you can report the situation to the industry committee, which will stop the relevant behavior or bring a lawsuit to the court according to law.
Property companies are not administrative organs, and they have no right to exercise administrative powers that only administrative organs can exercise. The property company shall cooperate with the competent department of construction to investigate and deal with illegal buildings. You can find the property and let them complain to the competent construction department. According to Article 45 of the Regulations on Property Management: "Property service enterprises shall stop acts that violate laws and regulations such as public security, environmental protection, property decoration and use within the property management area, and report to the relevant administrative departments in a timely manner. After receiving the report from the realty service enterprise, the relevant administrative department shall stop the illegal act or deal with it according to law. "
It can be seen that the property management company has no right to take compulsory measures against illegal buildings in the management area, and cannot dismantle them according to the requirements of some owners.
Legal basis: Regulations on Property Management
Article 10 Owners in the same property management area shall, under the guidance of the real estate administrative department of the district or county people's government where the property is located, or the neighborhood offices and township people's governments, set up owners' meetings and elect owners' committees. However, if there is only one owner, or if the number of owners is small and all owners agree unanimously, it is decided not to set up the owners' meeting, and the owners will jointly perform the duties of the owners' meeting and the owners' committee.
Eleventh the following matters shall be decided by the owner * * *:
(a) to formulate and amend the rules of procedure of the owners' congress;
(2) Formulating and amending management regulations;
(three) to elect the owners' committee or replace the members of the owners' committee;
(four) the selection and dismissal of property services companies;
(five) to raise and use special maintenance funds;
(six) the renovation of buildings and their ancillary facilities;
(seven) other major matters related to the management of * * * and * * *.
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