Growing flowers on the patio on the 1st floor has seriously affected the 2nd floor of my house. Is there any legal means to solve it? More details

This matter can be based on the "General Principles of Civil Law" of the People's Republic of China

Article 6 Civil activities must abide by the law. If there are no provisions of the law, national policies should be followed.

Article 7 Civil activities shall respect social morality and shall not harm public interests, undermine national economic plans, or disrupt social and economic order.

With the relevant descriptions in Chapters 6, 7 and 8 of the Property Law of the People's Republic of China, this patio is deemed to be the public property of the owner of the community and should not be used privately. It cannot affect the original architectural style and structure. Please read and understand the following terms for details;

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Chapter 6: Differentiated Ownership of Buildings by Owners

Article 70: Owners have ownership of the exclusive parts such as residences and commercial buildings in the building, and the exclusive parts Other parts of the company enjoy the right to be jointly managed by the company and the company.

Article 71 The owner shall have the right to possess, use, benefit from and dispose of the exclusive parts of his building. The owner shall not endanger the safety of the building or damage the legitimate rights and interests of other owners when exercising their rights.

Article 72 The owner shall enjoy rights and assume obligations with respect to the private parts of the building other than the exclusive parts; he shall not fail to perform his obligations by giving up his rights.

When the owner transfers the residential and commercial buildings in the building, his partial ownership and management rights to the owner are also transferred.

Article 73 The roads within the construction zone belong to the owner, except those that belong to urban public roads. The green space within the building area belongs to the owner, unless it belongs to the urban public green space or is expressly owned by an individual. Other public places, public facilities and property service buildings within the building zone belong to the owner.

Article 74 Within the building zone, parking spaces and garages planned for parking cars shall first meet the needs of the owners.

The ownership of parking spaces and garages planned for parking cars within the building area shall be agreed upon by the parties through sale, donation or leasing.

Occupying parking spaces on roads or other sites owned by the owner for parking cars belongs to the owner.

Article 75 The owners may establish an owners’ meeting and elect an owners’ committee.

Relevant departments of the local people's government shall provide guidance and assistance in establishing the owners' meeting and electing the owners' committee.

Article 76 The following matters shall be decided unanimously by the owners:

(1) Formulate and modify the rules of procedure of the owners’ meeting;

(2) Formulate and modify the management regulations of the building and its ancillary facilities;

(3) Elect the owners committee or replace the members of the owners committee;

(4) Select, hire and dismiss property service companies or Other managers;

(5) Raise and use funds for the maintenance of buildings and ancillary facilities;

(6) Renovate and rebuild buildings and ancillary facilities;

(7) Other major matters regarding ***’s shared management rights with ***.

Decisions on matters specified in Items 5 and 6 of the preceding paragraph shall be approved by the owners whose exclusive portion accounts for more than two-thirds of the total area of ​​the building and who account for more than two-thirds of the total number of persons. agree. Decisions on other matters in the preceding paragraph shall be subject to the consent of the owners whose exclusive portions account for more than half of the total area of ​​the building and who account for more than half of the total number of persons.

Article 77: Owners shall not violate laws, regulations and management regulations by changing residences into commercial buildings. If an owner changes a residence into a commercial building, in addition to complying with laws, regulations and management regulations, the owner must obtain the consent of the interested owners.

Article 78 The decision of the owners’ meeting or the owners’ committee shall be binding on the owners.

If a decision made by the owners' meeting or the owners' committee infringes upon the legitimate rights and interests of the owners, the infringed owners may request the People's Court to revoke it.

Article 79: The maintenance funds of the building and its ancillary facilities belong to the owner. With the approval of the owner, it can be used for the maintenance of elevators, water tanks and other parts. The collection and use of maintenance funds should be announced.

Article 80: If there is an agreement on the cost sharing, income distribution and other matters of the building and its ancillary facilities, the agreement shall be followed; if there is no agreement or the agreement is unclear, the proportion of the owner's exclusive part of the total building The proportion of area is determined.

Article 81 The owner may manage the building and its ancillary facilities by himself or entrust a property service company or other manager to manage it.

The owner has the right to replace the property service company or other manager hired by the construction unit in accordance with the law.

Article 82 Property service companies or other managers shall manage the buildings and their ancillary facilities within the construction zone according to the entrustment of the owners, and accept the supervision of the owners.

Article 83 Owners shall abide by laws, regulations and management regulations.

The owners' meeting and the owners' committee have the right to act in accordance with the law against any behavior that harms the legitimate rights and interests of others, such as arbitrarily discarding garbage, emitting pollutants or noise, raising animals in violation of regulations, building illegally, encroaching on passages, refusing to pay property fees, etc. Laws, regulations and management protocols require perpetrators to stop infringement, eliminate danger, eliminate obstruction and compensate for losses. Owners may file lawsuits in the People's Court in accordance with the law for acts that infringe upon their legitimate rights and interests.

Chapter 7 Adjacent Relationships

Article 84 Adjacent rights holders of real estate shall correctly handle related matters in accordance with the principles of conducive to production, convenient life, solidarity and mutual assistance, and fairness and reasonableness. neighbor relationship.

Article 85 If laws and regulations have provisions on the handling of adjacent relationships, those provisions shall prevail; if laws and regulations do not provide for them, local customs may be followed.

Article 86 The real estate right holder shall provide necessary conveniences for neighboring right holders to use water and drainage.

The utilization of natural flowing water should be reasonably distributed among adjacent rights holders of the real estate. When discharging natural water, the natural flow direction should be respected.

Article 87 The real estate right holder shall provide necessary conveniences to adjacent right holders who must use their land due to traffic, etc.

Article 88 If the real estate owner must use adjacent land or buildings to construct or repair buildings or lay wires, cables, water pipes, heating and gas pipelines, etc., the land or building shall The rights holder should provide necessary conveniences.

Article 89 The construction of buildings shall not violate relevant national engineering construction standards or hinder the ventilation, lighting and sunshine of adjacent buildings.

Article 90: Real estate rights holders shall not dispose of solid waste in violation of state regulations or emit air pollutants, water pollutants, noise, light, electromagnetic wave radiation and other harmful substances.

Article 91: Real estate rights holders shall not endanger the safety of adjacent real estate when excavating land, constructing buildings, laying pipelines, installing equipment, etc.

Article 92 If a real estate owner uses adjacent real estate for water, drainage, traffic, laying pipelines, etc., he shall try to avoid causing damage to the adjacent real estate owner; if damage is caused, he shall be given compensation.

Chapter 8 Ownership

Article 93 Real estate or movable property may be owned by two or more units or individuals. ***Yes, including by portion*** Yes and ***Same*** Yes.

Article 94: Someone has ownership of the real estate or movable property owned by the person according to his share.

Article 95 *** and *** have joint ownership rights over the real estate or movable property *** owned by ***.

Article 96: All parties shall manage the real estate or movable property owned by *** in accordance with the agreement; if there is no agreement or the agreement is unclear, each party shall have the right and obligation to manage it.

Article 97: Disposal of ***-owned real estate or movable property and major repairs to ***-owned real estate or movable property shall be approved by shareholders accounting for more than two-thirds of the shares. *Someone or all *** agree with ***, unless otherwise agreed between ***.

Article 98: If there is an agreement on the management expenses and other burdens on the property owned by ***, the agreement shall be followed; if there is no agreement or the agreement is unclear, the payment shall be borne by each person according to his or her share. , *** and *** have people who share the same burden.

Article 99: If *** someone agrees not to divide ***'s real estate or movable property in order to maintain ***'s relationship, the agreement shall be followed, but *** someone has serious reasons to do so. If it is divided, you can request for division; if there is no agreement or the agreement is not clear, someone can request division according to the shares at any time, and someone with *** can request division if the foundation for *** is lost or there are major reasons for division. Request split. If the division causes damage to other parties, compensation shall be paid.

Article 100 ***Someone can negotiate to determine the method of division. If an agreement cannot be reached and the actual real estate or movable property can be divided and the value will not be reduced due to division, the physical property shall be divided; if it is difficult to divide or the value will be reduced due to division, the price obtained by discount, auction or sale shall be divided. segmentation.

If the real estate or movable property obtained by one *** person's division is defective, the other *** persons shall share the loss.

Article 101: A person may transfer his or her share of any real estate or movable property on a share basis. Other *** people have the right of first refusal under the same conditions.

Article 102: Regarding claims and debts arising from ***’s real estate or movable property, in terms of external relations, *** persons shall enjoy joint claims and assume joint and several debts, unless otherwise provided by law or Except where the third party knows that the third party does not have joint creditor's rights and debts; in the internal relationship between the third party and the third party, unless otherwise agreed by the first party, the first party shall enjoy the creditor's rights and bear the debts according to the shares. *** and *** have the same rights and obligations. Anyone who repays debts in excess of his or her share shall have the right to seek repayment from other shareholders.

Article 103: There is no agreement that the real estate or movable property owned by *** shall be owned by *** in shares or *** jointly with ***, or the agreement is not clear , except that someone has a family relationship, etc., it is deemed to be owned by share.

Article 104. If there is no agreement or the agreement is unclear about the share that someone has in the real estate or chattel owned by ***, it shall be determined based on the amount of capital contribution; if the amount of capital contribution cannot be determined, , deemed to be enjoyed in equal amounts.

Article 105 If two or more units or individuals share usufruct rights or security rights, the provisions of this chapter shall apply.

Chapter 9 Special Provisions on Acquisition of Ownership

Article 106: If a person without right of disposition transfers real estate or movable property to a transferee, the owner has the right to recover it; Unless otherwise provided by law, the transferee obtains ownership of the real estate or movable property if the following circumstances are met:

(1) The transferee transfers the real estate or movable property in good faith;

(2) Transfer at a reasonable price;

(3) The transferred real estate or movable property that should be registered in accordance with legal provisions has been registered, and if registration is not required, it has been delivered to the transferee.

If the transferee obtains the ownership of real estate or movable property in accordance with the provisions of the preceding paragraph, the original owner shall have the right to request compensation for losses from the person without the right to dispose of the property.

If the parties acquire other property rights in good faith, the provisions of the preceding two paragraphs shall apply.

Article 107 The owner or other rights holder has the right to recover the lost property. If the lost property is possessed by others through transfer, the obligee has the right to request damages from the person without the right to dispose of it, or to request the return of the original property from the transferee within two years from the date he knew or should have known the transferee. However, the transferee shall If the lost property is purchased through auction or from a qualified operator, the obligee shall pay the fees paid by the transferee when requesting the return of the original property. After paying the fees to the assignee, the right holder has the right to recover compensation from the non-disposable right holder.

Article 108: After a bona fide transferee acquires a movable, the original rights in the movable are extinguished, unless the bona fide transferee knew or should have known about the rights at the time of transfer.

Article 109 If a lost property is found, it shall be returned to the right holder. The person who finds it should promptly notify the right holder to collect it, or deliver it to the public security and other relevant departments.

Article 110: When the relevant departments receive a lost property and know the right holder, they shall promptly notify them to claim it; if they do not know it, they shall issue a claim announcement in a timely manner.

Article 111 Before the finder delivers the lost object to the relevant department, and the relevant department before the lost object is collected, the lost object shall be properly kept.

Anyone who causes damage or loss of lost property due to intention or gross negligence shall bear civil liability.

Article 112 When the right holder collects a lost object, he shall pay the finder or the relevant department the necessary expenses for the storage of the lost object and other expenses.

If the right holder offers a reward to find the lost property, he or she shall fulfill the obligation as promised when collecting the lost property.

If the finder misappropriates the lost property, he has no right to request the expenses incurred in keeping the lost property, nor does he have the right to require the obligee to perform his obligations as promised.

Article 113: Lost property that remains unclaimed within six months from the date of issuance of the announcement shall belong to the state.

Article 114. If you find floating objects, buried objects or hidden objects, please refer to the relevant regulations on found lost objects. If the Cultural Relics Protection Law and other laws provide otherwise, such provisions shall prevail.

Article 115 If the principal thing is transferred, the accessory thing shall be transferred together with the principal thing, unless otherwise agreed by the parties.

Article 116: Natural fruits shall be obtained by the owner; if there is both an owner and a usufructuary right holder, the natural interest shall be obtained by the usufructuary right holder. If the parties agree otherwise, the agreement shall prevail.

Statutory interest, if the parties have an agreement, shall be obtained in accordance with the agreement; if there is no agreement or the agreement is unclear, it shall be obtained in accordance with transaction customs.

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