event
Recently, a woman in Xinzhuang Town reported that in the villa community where she lived, some residents shoveled off some of the greenery and installed a gate on the side of the main road of the community. The woman said that the original direction of the gate should be facing the branch road, and now it is directly open to the main road, which has a traffic safety hazard. And the residential property is still in the process of selection, so no one cares about this matter.
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Response
According to the clues of the reflector, the program team contacted He Xianjun, the xinzhuang town comprehensive administrative law enforcement squadron.
He Xianjun said that after on-the-spot understanding, the residents did open the gate on the side of the main road, that is, on the side of the main body of the house. In the past, wooden doors were used, but recently the residents of this family have converted wooden doors into iron doors, and from the drawings of the community, the place where the doors are now opened was originally a green belt.
So, why should residents set up gates in this location?
During the investigation and verification of the Xinzhuang Town Comprehensive Administrative Law Enforcement Squadron, the parties concerned reported to the law enforcement personnel that when the developer built the house, a large number of pipelines and pipelines were laid under the original gate, so the gate that should have been facing the branch road was smaller than that of other houses in the community, and it was not convenient for vehicles to enter and exit. To this end, the developer promised that the residents could open another door on the side, and the parties also said that there was a paper commitment letter at that time.
Subsequently, the Xinzhuang Town Comprehensive Administrative Law Enforcement Squadron will continue to interview the owner of this household.
The lawyer has something to say
Deputy Director of Shanghai Xiong Zhaogang Law Firm, Lawyer
Shao Yumin
If the developer gives the owner a letter of commitment, can the owner open the door?
Lawyer Shao Yumin believes that even if the developer gives a letter of commitment, it must be based on the architectural plan, if there is no such door in the planning and design, the agreement reached by the owner and the developer privately is harmful to the rights and interests of other owners, and this agreement is invalid before it has been democratically voted by the owners of the community.
As the manager of the community, the property company shall promptly discourage and stop such behavior, and in the case of ineffective dissuasion, the property shall promptly inform the property committee and relevant management departments and require the owner of the household to restore the original state.
Even if the new property company in the community is still in the process of selection, the original property company should also play a management obligation. If the property company fails to act on this kind of behavior, the relevant departments may punish the property company accordingly.
When the gate is demolished, who will bear the loss of the owner?
If it is determined that the developer gave the invalid promise at the beginning, then the owner can require the developer to bear the compensation liability through litigation or negotiation, or require the developer to provide legal solutions and solutions.
Relevant laws and regulations
Shanghai Residential Property Management Regulations
Article 56 The owner and user shall abide by the provisions of the State and the Municipality, as well as the provisional management statutes and management statutes, and shall follow the safety of the house
Use of the property.
The following acts that harm the public interest and the interests of others are prohibited:
(1) Damage to the load-bearing structure of the house;
(2) Illegally erecting buildings or structures;
(3) Destroying the appearance of the house;
(4) Altering or occupying the common part of the property without authorization;
(5) Damaging or occupying or transferring shared facilities and equipment without authorization;
(6) Storing inflammable, explosive, highly toxic, radioactive, or other dangerous articles that do not meet safety standards, or storing or laying overloaded articles;
(7) Discharging toxic or harmful substances;
(8) Emitting noise that exceeds the prescribed standards;
(9) Other conduct prohibited by laws, regulations, and rules.
Article 59 Where a property service enterprise discovers that the owner or user has violated the relevant provisions of the State and the Municipality, as well as the provisional management statute or management statute in the course of the use, decoration and decoration of the property, it shall dissuade or stop it in accordance with the relevant provisions or the temporary management statute or management statute; if the dissuasion or stop is ineffective, it shall report to the owners' committee and the relevant administrative department within 24 hours. After receiving the report of the property service enterprise, the relevant administrative department shall stop or deal with the illegal conduct in accordance with law.
Article 85 Whoever, in violation of the provisions of items 3, 4 and 5 of the second paragraph of Article 56 of these Provisions, destroys the appearance of the house, reconstructs or occupies the common part of the property without authorization, damages or occupies or transfers the shared facilities and equipment without authorization, shall be ordered by the district housing administrative department to make corrections and restore the original state, and may be fined not less than 1,000 yuan but not more than 10,000 yuan; if the circumstances are serious, a fine of between 10,000 and 100,000 yuan may be imposed.
Article 87 Where a property service enterprise violates the provisions of Article 59 of these Provisions and fails to dissuade or stop the illegal conduct of the owner or user, or fails to report to the relevant administrative department within the prescribed time, the district housing administrative department shall order corrections and may be fined not less than 1,000 yuan but not more than 10,000 yuan.
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1. After the air conditioning drain pipe in the home was repaired by the property, it caused the downstairs house to leak
2. Residents of the community install the gate facing the main road, which is a safety hazard
3. The village has been affected by the epidemic, and 50 yuan is charged for applying for a pass, which the public deems unreasonable