Marketplace of streets and lanes 100 condition
Because be owner of governmental fair room, because of this course of study appoint can you reject let its attend a village the ballot of communal parking space? For this, course of study of chief commander of course of study appoint can sue to the court, recently, sweet continent the court mentions to tenement of a village issue of owner cancel authority makes first instance adjudicate, this resident appeals to beg win support. Think course of study appoint conference this action damaged owner to be opposite the right of mutual part joint management, the property that also damaged blame owner uses legitimate rights and interests of the person.
Ballot car by refus
Zhuhai Ms. Zheng leased building of village of Zhuhai some center in January 2016, this building is governmental fair room. In December 2017, ms. Zheng after buying new car is joyous jubilate deal with toward village government office before happy event fixed jockey formalities, be added up to in order to not agree with by the staff member however reject to deal with for the regulation.
Original, in November 2017, some center village committee of the first owner (the following abbreviation " some center course of study appoint meeting " ) make " about be opposite < the village jockeys management sets > additional provision " , the regulation already was dealt with before November 13, 2017 fixed jockey the tenement of formalities, undertake to property government office ballot applies for to register first, by course of study appoint meeting grading (every 3 months are a cycle) the organization already applied for to register tenement to register order order to have lot by application, did not undertake those who register applying for must not share lot. Stipulate the housing that enjoys national public property to ensure room welfare is not in this ballot limits. Be less than a month, course of study appoint can give out again " the relevant provision that jockeys about some center village " (the following abbreviation " jockey regulation " ) , among them set at 2 o'clock: Since November 13, 2017, those who suspend dealing with tenement, fair tenement to wait for blame owner is fixed jockey formalities.
Ms. Zheng thinks some encloseds ground for growing trees course of study appoint the relevant provision that can make encroached oneself legitimate rights and interests, to lodge a complaint of Xiang Xiangzhou court, the request sentences your cancel some center course of study appoint can make " about be opposite < the village jockeys management sets > additional provision " reach " the relevant provision that jockeys about the village " .
In front courtyard careful, ms. Zheng emphasizes, him housing is the government that obtains legally fair rent a house, every months on time pay property administration fee, the right and obligation are equal, behoove and owner enjoy coequal treatment. Course of study appoint the clause in meeting file reachs balance of administrative stipulations of an agreement to touch with legal laws and regulations apparently, and hold owner plenary meeting without the course, double without the course cross half number to pass, do not have a newspaper more the government sector puts on record, him limitation is dealt with fixed stop fare formalities, violated relevant law regulation.
Court: Course of study appoint can harm tenement interest
Some center course of study appoint can approbate its to make " additional provision " and " jockey regulation " vote without owner congress conference, but before argue says to making afore-mentioned provisions, have call together partial owner delegate to attend a meeting discuss, be in a village small letter of announcement column, owner group release ask for opinion draft, do not have owner demur up to now, did not harm owner interest. Ms. Zheng is only bear the person that hire, be not owner, have no right to request cancel. Apply actually " jockey regulation " it is to satisfy owner to need above all, place of normative village car.
The court thinks after classics cognizance, above all, ms. Zheng is the tenant of building of some center village, have with owner sign the contract that rent, the agreement is enjoyed live in this building wait for the right. Some center course of study appoint can make " jockey regulation " the car that matters to the Ms. Zheng place that serves as tenant to use directly whether deal with in the village fixed jockey formalities, ms. Zheng thinks this regulation damages his to close right increase, can request cancel to people court, possess qualification of accuser main body. Next, some center course of study appoint the parking space that can add in edge of road of some center village, belong to village owner to share, owner is enjoyed share the right with joint management. According to matter right law the 76th regulation, some center course of study appoint can release " jockey regulation " content involves owner to share a car management and use, and eliminate what partial property makes servantchoose a person for a job use, belong to " other and major item " , answer to be decided jointly by owner, and should accord with " double over- half " principle. Some center course of study appoint the conference is own " jockey regulation " vote without owner congress conference, also prove without quote this regulation has had a part to hold majority of building gross area only and the owner that holds total number majority agrees, damaged owner to be opposite the right of mutual part joint management, the property that also damaged blame owner uses legitimate rights and interests of the person.
Final, adjudicative cancel course of study of some center village appoint can make " about be opposite < some center village jockeys management sets > additional provision " and " the relevant provision that about some center the village jockeys " . After adjudging, bilateral party all did not put forward to appeal, this court decision already become effective.
Judge commentate law
According to matter right law the 78th the first regulation, owner congress or the decision of owner committee, have sanction to owner. its when owner property is handed in entirely when be being used with other management, this sanction is reached necessarily use a person at property. According to principle of right obligation reciprocity, when owner congress or when the property of decision enroach on of owner committee uses legitimate rights and interests of the person, its should enjoy corresponding relief right. The judge still emphasizes, although course of study appoint the purpose of the meeting is proper, its make a decision still need to follow legal order, and the legitimate rights and interests that must not damage owner and property to use a person.
Interview and write: South scene of reporter Zhu Peng
Guo Sha of reporter Zhang Mengying
