Mr. Huang planted flowers and trees on the third floor public platform outside his own house and built a "garden". Ms. Li's shop is located below the platform and is experiencing water leakage. She suspected that the overgrowth of tree roots in Mr. Huang's flower bed had damaged the waterproof layer of the roof, and repeatedly requested Mr. Huang to clean it up. But Mr. Huang believes that the leakage has nothing to do with him, and the two sides are deadlocked. After multiple communications with the property management company, Mr. Huang's son agreed for property personnel to enter the platform from home to carry out cleaning. After learning about it, Mr. Huang believed that the property management company had cleared the flowers and trees without his consent, and had not preserved some of the plants according to his own requirements, causing serious losses and infringing on his rights. The property management company stated that the clearance work was carried out with the consent of Mr. Huang's son, and there was no unauthorized clearance. Mr. Huang sued the property management company to the court, demanding compensation of over 30000 yuan for various losses. After trial, the court held that the use of public areas in the community by the owners should be within reasonable limits and should not affect the rights and interests of other owners. The platform involved in the case belongs to a public area, and Mr. Huang has been occupying the public platform for a long time, planting a large number of flowers, plants and seedlings, which has exceeded the reasonable use limit and also caused neighborhood disputes. Therefore, Mr. Huang has the obligation to cooperate with the property management company to clean up. The property management company has communicated with Mr. Huang's son to carry out the cleaning work, which is a legitimate act to maintain normal living order in the community and protect the rights and interests of all owners. It is a necessary measure to fulfill the responsibilities of property management and does not constitute property infringement. The property management company has also retained some green plants and has fulfilled its reasonable duty of care during the clearance process. In the end, the court determined that the property management company's clean-up actions were legal and compliant, and rejected Mr. Huang's lawsuit for compensation of over 30000 yuan. The judge stated that property management services have become an important support for ensuring residents' quality of life in daily life. The public area of a community is a space shared by all homeowners, and its cleanliness directly affects the community environment and residents' quality of life. Once there are problems such as debris accumulation and garbage retention in public areas, it not only damages the beauty of the community, but may also pose safety hazards. As the main body of community management, timely and lawful cleaning of public areas is an important task for property management companies to fulfill their management responsibilities. It not only effectively maintains the community environment and prevents safety accidents such as fires, but also is a necessary measure to maintain community order and protect the rights and interests of all owners. The judge reminds that the property management company's clean-up actions must strictly comply with legal provisions and contractual agreements. The clean-up actions should be based on safeguarding the public interest, adopting reasonable and necessary methods to avoid causing undue damage to the rights and interests of the owners. According to relevant provisions of the Civil Code, property owners are required to fulfill their cooperation obligations. If they excessively occupy public areas for a long time and refuse to rectify them, they may face administrative penalties or even bear corresponding legal responsibilities. Only when the property management and owners consciously abide by the management regulations can the balance between community public interests and individual rights be achieved, and a safe, clean, civilized and harmonious beautiful home be jointly built. (New Society)
Edit:XieYing Responsible editor:ZhangYang
Source:people.cn
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