随着城市化进程的加速和房地产市场的蓬勃发展,住宅小区建筑物区分所有权之共有权的保护成为当前社会关注的热点。保护住宅小区建筑物区分所有权之共有权有利于保障各区分所有权人的权益、维护建筑物的正常运作、促进社区和谐发展、促...随着城市化进程的加速和房地产市场的蓬勃发展,住宅小区建筑物区分所有权之共有权的保护成为当前社会关注的热点。保护住宅小区建筑物区分所有权之共有权有利于保障各区分所有权人的权益、维护建筑物的正常运作、促进社区和谐发展、促进法治建设以及保障公共利益。但实践中仍然存在责任分配存在模糊性、小区绿地权属不明、停车位的权属存在争议以及业主侵害其他业主的共有权等问题。为此,应当明确责任分配原则、建立小区绿地权属管理机制、制定明确的停车位权属规定以及强化法规对业主侵害问题的监管,进一步加强住宅小区建筑物区分所有权之共有权的保护。With the acceleration of the urbanization process and the vigorous development of the real estate market, the protection of the common right of differentiated ownership of buildings in residential quarters has become a hot topic of social concern. Protecting the common right of differentiated ownership of residential district buildings is beneficial to protect the rights and interests of the owners of each district, maintain the normal operation of the building, promote the harmonious development of the community, promote the construction of the rule of law and protect the public interest. However, there are still some problems in practice, such as ambiguity of responsibility allocation, unclear ownership of green space, disputes over ownership of parking space and owners’ infringement of other owners’ common rights. To this end, it is necessary to clarify the principle of responsibility allocation, establish a management mechanism for the ownership of green space in the community, formulate clear provisions on the ownership of parking Spaces and strengthen the supervision of the problem of owner infringement by laws and regulations, and further strengthen the protection of the common right of differentiated ownership of buildings in the residential community.展开更多
文摘随着城市化进程的加速和房地产市场的蓬勃发展,住宅小区建筑物区分所有权之共有权的保护成为当前社会关注的热点。保护住宅小区建筑物区分所有权之共有权有利于保障各区分所有权人的权益、维护建筑物的正常运作、促进社区和谐发展、促进法治建设以及保障公共利益。但实践中仍然存在责任分配存在模糊性、小区绿地权属不明、停车位的权属存在争议以及业主侵害其他业主的共有权等问题。为此,应当明确责任分配原则、建立小区绿地权属管理机制、制定明确的停车位权属规定以及强化法规对业主侵害问题的监管,进一步加强住宅小区建筑物区分所有权之共有权的保护。With the acceleration of the urbanization process and the vigorous development of the real estate market, the protection of the common right of differentiated ownership of buildings in residential quarters has become a hot topic of social concern. Protecting the common right of differentiated ownership of residential district buildings is beneficial to protect the rights and interests of the owners of each district, maintain the normal operation of the building, promote the harmonious development of the community, promote the construction of the rule of law and protect the public interest. However, there are still some problems in practice, such as ambiguity of responsibility allocation, unclear ownership of green space, disputes over ownership of parking space and owners’ infringement of other owners’ common rights. To this end, it is necessary to clarify the principle of responsibility allocation, establish a management mechanism for the ownership of green space in the community, formulate clear provisions on the ownership of parking Spaces and strengthen the supervision of the problem of owner infringement by laws and regulations, and further strengthen the protection of the common right of differentiated ownership of buildings in the residential community.
