业主权益

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西安开发商闹市区盖数栋违建,且涉嫌私售土地获利逾千万?
Mei Ri Jing Ji Xin Wen· 2025-06-12 07:00
Core Viewpoint - A long-standing land sale dispute in Xi'an has resurfaced due to a civil judgment, revealing issues of illegal land sales and unauthorized constructions in a busy urban area [1][4] Group 1: Legal Proceedings and Financial Implications - Shaanxi Zhiyi Industrial Co., Ltd. was ordered by the court to deliver 10 housing units and pay 29.88 million yuan in damages to Xi'an Lanjiji Property Management Co., Ltd. [1][12] - The land in question, originally sold by Xi'an Rongkang Real Estate Co., Ltd. to Zhiyi Company in 2012, was meant for public green space according to the community's master plan [14][15] - The total compensation received by Rongkang from the sale includes 21.5 million yuan in cash and 3,197 square meters of housing, alongside the potential 29.88 million yuan in damages [13][24] Group 2: Community and Regulatory Concerns - Residents of the community have raised alarms regarding the illegal constructions and the sale of land designated as public green space, which they believe infringes on their rights [4][24] - The existence of unauthorized buildings within the community has been confirmed, with residents asserting that these structures occupy public land and pose safety risks [21][26] - Legal experts emphasize that the unauthorized sale and alteration of land use violate national regulations regarding state-owned land [15][30] Group 3: Developer and Property Management Actions - Rongkang Real Estate's decision to dissolve the company and transfer rights to Lanjiji Property Management is viewed as an attempt to evade responsibility for the illegal transactions [3][11] - The ongoing legal disputes and community actions have prompted residents to form a homeowners' committee to better advocate for their rights and address the issues with the property management [31][33]
业主私搭“花园”,物业有权清理吗?(以案说法)
Ren Min Ri Bao· 2025-06-11 22:11
Core Viewpoint - The court ruled that the property management company's actions to clear the public area were legal and necessary to maintain community order and protect the rights of all homeowners, rejecting the compensation claim from Mr. Huang [1][2][3]. Group 1: Case Background - Mr. Huang planted flowers and built a "garden" on the public platform of his residence, leading to water leakage issues in Ms. Li's shop below, which she attributed to the roots of Mr. Huang's plants damaging the waterproof layer [1]. - After multiple requests for cleanup from Ms. Li, Mr. Huang refused to acknowledge responsibility, resulting in a stalemate [1]. - The property management company intervened and, with Mr. Huang's son's consent, conducted a cleanup, which Mr. Huang later contested as unauthorized [1]. Group 2: Court's Ruling - The court determined that Mr. Huang's extensive use of the public platform exceeded reasonable limits and caused neighbor disputes, obligating him to cooperate with the property management for cleanup [2]. - The property management's actions were deemed a legitimate exercise of their responsibilities, aimed at maintaining normal living conditions and protecting the rights of all residents [2]. Group 3: Legal and Community Implications - The judge emphasized the importance of property management services in ensuring the quality of life for residents and maintaining the cleanliness of shared spaces [2][3]. - The court highlighted that property management must adhere to legal regulations and contractual agreements while ensuring public interest, and homeowners must fulfill their obligations to avoid potential legal consequences [3].