Most cattle illegally built villa district, Haidian District, Renji has led to a strong focus on the roof of the community. Reporters learned from the city court in recent years due to illegal construction of residential property services triggered by a dispute presents a growing trend, illegally built for the realty service contract lawsuit in new contradictions. For wind put up illegally built within the district, the property company should not bear responsibility, become the focus of litigation contradictions.
Illegally built initiator
Property Dispute
With house prices rising, many owners spend huge amounts of money to buy the house back, are considering how to maximize their living interests. Accounted for more than a few square meters of public space,lunette de soleil, the equivalent of white earn a few million, so from the roof to the ground, from building castles in the air to squeeze the greenbelt, the owners have to seize every opportunity. Sidaluanjian problems within the district has gradually become a new property services disputes contradictions,chapeau last kings, property caused by the lawsuit because of illegal construction is gradually increasing.
Cheng residential property last year sued to court on the grounds that the property illegally built on the district failed to fulfill management responsibilities. Mr. Cheng's home on the top floor of the building. Early May 2009, residential property owners have privately stamped on the roof with a channel of more than 200 square meters of illegal buildings. The Cheng family illegally built houses the main cause cracks in walls, roofing layer failure, resulting in roof leakage of water. Cheng believes residential property should ensure the normal use of their homes, not entirely to residential property property management responsibilities.
There are some owners refused to pay property charges on the grounds that the property company to stop the illegal construction in terms of not doing their service obligation. It is reported that the company illegally built property for laissez-faire, Beijing court has made a judgment, decree small owners to pay property charges.
The case stems from Beijing luxury villas nine estates, because the owners refused to pay property charges over the property company was taken to court. Owners respondent said the rampant expansion of the district, many residents Sidaluanjian large number of houses, a swimming pool, private garden, serious damage to the cell environment,louboutin femme escarpin, although the owners have repeatedly reflected,longchamp palace, but the company does not put an end to the property, the owners' circle to "poor management behavior, violated the rights of other owners,chaussure tn, it refused to pay property charges to show resistance.
Court held that the plaintiff property company called qualified property owners to provide a service, but failed to demonstrate that it has fully fulfilled his service obligations and recognized by the majority of the owners, so the burden of proof should not be legal consequences. Changping District Court of First Instance judgment owners pay less than property charges, also said that the property owners can sue the company mismanagement.
In addition, due to illegal construction caused by property disputes lawsuit also includes property owners sued Sidaluanjian, restitution cases, such as TV host Li Xiang Sidaluanjian by property companies sued in the district court in Chaoyang.
Management illegally built
Property responsibility
Renji Villa after being exposed cattle illegally built, the property company's "omission" raise questions of users. It is reported that 张必清 home illegally built corrugated roof, you need to transport supplies from the entrance area, but the property has not stopped building materials and home. Six years later,chapeau chicago bulls, Zhang Biqing illegally built large scale is frightening.
The property "not as" not the worst, and some residential property company said the money can be allowed to take illegal construction. There are a lot Style Beijing East Fifth Ring a different villa illegally built villas, the media exposed the owners who wish to expansion,cinture hermes, with the property may be "negotiated" condition, according to the standard payment to alterations.
Put up rampant illegal construction within the district, as a management body cell, the property company in the end whether the responsibility
The Secretary-General Property Management Committee of the Beijing Lawyers Association, the Beijing Mian Law Office lawyer Mr Yang believes that the residential property owners Sidaluanjian behavior, property companies and obligation to stop reporting. Property company found the owners put up illegally built, should be stopped first,cinture d, followed by To urban management,chapeau ymcmb, planning and other departments to report.
"Beijing Municipal Construction Committee has promulgated relevant documents,dior lunette de vue, the contents of the report of the property company has prescribed." Mr. Yang said, "after the property company to report urban management and other departments, dismantle illegal construction work undertaken by the inspectors. Owners also have the right to the inspectors report, after the inspectors should be addressed promptly accepted, ordered deadline for correction or removal. "
Mr Yang counsel, the district can not stop the illegal construction, property companies should go to court to sue the owners put up illegally built, on the trial of property disputes in accordance with justice promulgated by the supreme law interpretation, the right to sue the owners of the property have been violated company,escarpins louboutin, required to fulfill its responsibilities or damages. Implementation of violations of the owners, property companies also have the right to sue the owners, restitution, etc.
Management illegally built
The law of property
Property company on the "omission" also has its own rhetoric. Beixinqiao Dongcheng district to move back close to the proliferation of illegal construction in recent years, the staff of its property company, said they repeatedly to illegal owners issued a rectification notice, but the owners refused to implement. Property company said he no enforcement power, place the blame for the inspectors.
But in fact the residential property is not without countermeasures. Beijing to crack down on illegal construction of illegal land use special operations headquarters office responsible person,new balance enfant, Beijing to develop the appropriate control measures,cappelli polo, property companies can prevent personnel involved in illegal construction, materials and equipment into the area, cut off the owners put up illegally built building materials source .
Person in charge of the relevant policies and regulations of property owners found illegal construction, should immediately stop registration,occhiali da vista, including verbal and written notice to discourage, prevent personnel involved in illegal construction, materials and equipment into the area; in time to the project location or urban planning Department a written report,swarovski colliers, and keep a copy for future reference.
Those "not as" property companies will face punitive measures.
In August, the Beijing Municipal Construction Committee on the property business both omission out of the ticket, the two property companies on the district to stop the illegal construction practices do not fulfill the responsibility of the report, subject to warnings and fines, the project leader was interviewed and focus on supervision.
For Renji Hills property sector whether the alleged omissions and illegal, live Construction Committee official said,cappelli polo, mainly to see the property after the company found illegally built, whether concealed cover, with or without a written report to the project site inspectors or planning department. If the property is not as a business owner can complain directly to the Municipal Construction Committee, urban management and planning, and other departments, to confirm the presence of omissions and violations of property management companies,casquette jordan, given the severe and quick investigation.
Dare Management
Fear of contradiction
East Court Civil court judge introduced in recent years, major property disputes lawsuit issue is reflected in the quality of service for property owners not satisfied with the company. Including district public space was Sidaluanjian, such as the green scaffolding son, to build a house on the roof terrace. The illegal construction of more residential property enterprises are not able to play a proper monitoring and reporting responsibilities.
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Property disputes Haidian Court Civil Chamber cells caused illegally built villa has done research, the trial judge summarized from practice, that the property company for illegal construction within the district should bear some responsibility. The main reason is that companies do not want conflict with property owners occurrence affect their property fee charged, found after the problem can not manage. Once a property company for violations not curbed in time,armani lunette de vue, namely the other owners will follow, and then produce more illegal buildings.
Judges suggested that property companies are curbing Sidaluanjian first line of defense. First,nike france, the owners of the property company increased constraints Sidaluanjian signed property related provisions in the contract should enable the company to exercise the management right of property provisions based. For the lawsuit found that individual property owners within the jurisdiction of the company Sidaluanjian laissez-faire, the courts want to send the property company's regulatory authorities judicial recommendation, urging the property company to perform their duties.
Reporter Wang Qiang
Photography Yan Tong
(Original title: illegally built property disputes have lead responsibility)
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