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Is it illegal to grow vegetables on the roof of the community?
First, the purchase of housing matters needing attention
According to the provisions of the Property Law (Draft), it is illegal for developers to "buy the top floor and send it to the hanging garden". The agreement between the developer and the top-floor owner that the top-floor space belongs to its exclusive use is invalid and has no legal effect. Therefore, developers can neither own the roof space nor use it exclusively by the top-level owners through agreement, and the ownership of the roof space should be owned by all owners.
Second, the ownership of buildings
The so-called "differentiated ownership of buildings" means that two or more owners each enjoy part of the ownership of the building, and the same part of the building and its attachments is owned by all owners. For commercial housing, it is also the common area purchased by the property owner when paying the house. Among them, regarding the ownership of property management houses, clubs, garages and green spaces, it is stipulated that "if there is an agreement, according to the agreement, if there is no agreement, it belongs to all owners except the developer can prove that the developer enjoys ownership".
legal ground
property management regulations
Forty-ninth public buildings and facilities built according to the plan in the property management area shall not be changed.
If the owners need to change the use of public buildings and facilities according to law, they shall inform the property service enterprises after handling the relevant formalities according to law; If the realty service enterprise really needs to change the use of public buildings and facilities, it shall be submitted to the owners' meeting for discussion and approval, and the owners shall go through the relevant formalities according to law.
Fiftieth 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.
Because of the maintenance of property or public interests, the owners really need to temporarily occupy or dig roads and sites, and shall obtain the consent of the owners' committee and the realty service enterprise; If it is really necessary for a realty service enterprise to temporarily occupy or dig roads and sites, it shall obtain the consent of the owners' committee.
Owners and property service enterprises shall restore the roads and sites temporarily occupied and excavated to their original state within the agreed time limit.
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