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What should I do if the greening of the community is occupied by individuals?
The public * * * green space in the residential area belongs to the owner * * *, and the owner or others shall not change some facilities and structures of * * * without authorization, and shall not occupy some parts of * * * *. If an owner occupies and changes the original state of public green space without the consent of all owners, his behavior actually infringes on the management and use rights of other owners. 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.
legal ground
People's Republic of China (PRC) Civil Code
Article 273 The owner shall enjoy the rights and undertake the obligations for the part other than the exclusive part of the building. You may not fail to perform your obligations on the grounds of giving up your rights.
When the owner transfers the residential and business premises in the building, part of its * * * ownership and * * * management rights are transferred together. Article 274 Roads within a building division belong to the owner, except those belonging to urban roads. The green space within the building division belongs to the owner, except for urban public green space or express personal green space. Other public places, public facilities and property services within the building division are owned by the owner. Article 277 An owner may establish an owners' meeting and elect an owners' committee. The specific conditions and procedures for the establishment of the owners' congress and the owners' committee shall be in accordance with the provisions of laws and regulations.
The relevant departments of the local people's government and the residents' committee shall give guidance and help to the establishment of the owners' congress and the election of the owners' committee.
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