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In the planning and construction of residential communities, in addition to the residential buildings used for living, some supporting facilities related to residents' lives should be built, such as elderly activity stations, children's centers, indoor sports venues, clubs, fire centers, underground parking spaces, etc., these supporting facilities are invested and constructed by developers, and the community is generally used or rented out by the property in the early stage after moving in. Article 274 of the Civil Code stipulates that other public places, public facilities and property service rooms within the building zoning belong to the owners.
However, before the implementation of the Civil Code on January 1, 2021, how to dispose of the public facilities that have been occupied by development and property?In particular, after the establishment of the property committee in the community, after the property is changed, it will face the problem of handover of public facilities in the communityTake a look at the following case that caused quite a stir at the time.
Harbin Four Seasons Fangzhou Community was developed by Tianli Real Estate, and in 2004, Dong'an Property moved into the community as a pre-property. In June 2016, the community property committee was established, and then a general meeting of owners was held to pass the resolution of dismissing Dongan Property. However, the subsequent development of the incident was quite complicated, and the property that was unwilling to be dismissed filed an administrative lawsuit to revoke the record of the property committee, which was rejected by the court. Later, Zhang Moumou, who was not involved in the case, filed an administrative lawsuit again, demanding that the filing of the business committee be revoked, and won the case in the first instance, and the second instance rejected Zhang's lawsuit. After that, Jiang Moumou, who was not involved in the case, sued again to revoke the filing of the business committee, and also won the case in the first instance and was rejected in the second instance. For the same reason, there were three lawsuits and six referees, and the property committee has not started to work, but it has accompanied the lobby several times, which shows how difficult it is to evict the property!
After the Owners Committee stabilized, it began to sue the property for the transfer of relevant information and public facilities. Including: property rooms, elderly activity centers, children's activity centers, kindergartens, underground parking spaces, consumer control centers, pump rooms, etc., with a total area of about 10,000 square meters.
After the court went to the Harbin Urban Construction Archives to obtain the relevant archives of the supporting facilities of the community and inspected on the spot, it was found that some of the public supporting properties in the plan had been turned into private real estate, and the court could not dispose of them, and the owners could only sigh that the real estate market was extremely deep. In the end, the court found that the guild hall, property room, boiler room, elimination control center, power distribution room, etc. are all supporting facilities of the community and should belong to the common use of all owners, and that the elderly activity center, children's center and other houses should be in the nature of public welfare housing according to the planning content of the community, and should be managed by the property committee.
After that, the property appeal was rejected and the developer filed a third-party revocation lawsuit, until the beginning of January 2020, the owners of the Four Seasons Fangzhou Community finally received the ruling of the Harbin Intermediate People's Court rejecting the developer's lawsuit. ((2018) Hei 01 Min Zhong No. 3383).
Today's detailed introduction to this case not only shows that the owners can take back the community public facilities that have been developed and occupied by the property before the implementation of the Civil Code through litigation, but also because this case was quite eye-catching at that time, creating a judicial case in China with the largest number of categories, the most complete varieties and the highest value of the common assets owned by the court judgment belonging to the owners, and the total value of the assets recovered by the owners reached hundreds of millions of yuan.
The total number of households in the Four Seasons Fangzhou Community is 1119, only a small and medium-sized community, and the rights and interests of the owners who can be developed and occupied by the property have reached hundreds of millions of yuan. In addition to being shocked, the majority of owners should think about the community where they live, which public facilities that should belong to the owners are still being developed and illegally occupied, and when can they recover their own rights and interests?
The majority of owners should not only praise the perseverance of the Four Seasons Fangzhou Industry Committee, but also learn from it the courage and determination to dare to fight against illegal forces.
Owners & Properties