What laws does it violate to install billboards on the roof of a residential building?

Legal analysis: Who owns the right to install the billboard on the roof of the building mainly depends on who owns the ownership of the roof.

There are two specific situations:

First, if the home buyer and the developer agree that the right to use the roof and exterior walls is shared by all owners, then the developer must The installation of billboards on other exterior walls must be approved by all owners and the owners committee.

Second, if the home buyer and the developer agree that the right to use the roof and exterior walls belongs to the developer, the developer does not need to obtain the consent of the owner and the owners committee to install billboards. Regardless of the above situation, the property management company does not own the roof and exterior walls of the building and has no right to allow others to use it without authorization.

Legal basis: "Urban Real Estate Management Law of the People's Republic of China"

Article 5 Real estate rights holders shall abide by laws and administrative regulations and pay taxes in accordance with the law. The legitimate rights and interests of real estate rights holders are protected by law and may not be infringed upon by any unit or individual.

Article 42 When real estate is transferred, the rights and obligations stated in the land use rights transfer contract are transferred accordingly.

It is definitely wrong to post advertisements in the community without the consent of the community property management. As for whether it is illegal or not, it depends on what kind of advertisement you are posting and where you have posted the advertisement.
"Measures for the Administration of Printed Advertisements"

Article 19

Anyone who violates the provisions of these Measures shall be punished in accordance with the "Advertising Law of the People's Republic of China", "Administration Regulations" and other relevant laws, administrative regulations Penalties will be imposed in accordance with the regulations and the "Detailed Implementation Rules of the Advertising Management Regulations".

If there is no provision in the "Advertising Law of the People's Republic of China", "Administration Regulations" and other relevant laws, administrative regulations, and "Details for the Implementation of the Advertising Regulations", the industrial and commercial administration authorities shall order the cessation of illegal activities and impose penalties depending on the circumstances. A fine of not more than three times the amount of illegal income, but a maximum of not more than 30,000 yuan. If there is no illegal income, a fine of not more than 10,000 yuan will be imposed.

Individuals who illegally distribute or post printed advertisements will be ordered by the industrial and commercial administration authorities to stop illegal activities and be fined not more than 50 yuan.

For the above-mentioned illegal advertising behaviors, only the industrial and commercial administration and urban management have corresponding administrative penalties, while security and property management are not statutory administrative law enforcement units and have no right to impose fines. Only the public security organs have the right to restrict personal freedom, and security guards and real estate agents have no right to do so. All the security and property management can do is pre vent you from distributing advertisements in the community.
Article 49 of the "Public Security Administration Punishment Law" stipulates that anyone who steals, defrauds, robs, robs, extorts or intentionally damages public or private property shall be detained for not less than five days but not more than ten days, and may also be fined not more than five hundred yuan; If the offense is serious, he or she shall be detained for not less than ten days but not more than fifteen days, and may also be fined not more than one thousand yuan.

Many large urban management and public security joint service mechanisms have been established to strengthen connection and increase public security penalties. For illegal small advertisements involving illegal certificate processing, pornography, gambling and other illegal content, through the advertisements provided We collect information on the content, actively cooperate with the public security departments to carry out joint law enforcement operations, strengthen source management, and eradicate illegal activities such as indiscriminate posting and distribution of small advertisements.

Legal analysis: There is no right to install neon advertising lights on the roof of the building. Relevant regulations: Article 27 The construction unit shall not dispose of the ownership or use rights of the common parts of the property, common facilities and equipment that the owner enjoys in accordance with the law without authorization. Anyone who violates the provisions of these regulations and fails to hand over relevant information shall be ordered by the real estate administrative department of the local people's government at or above the county level to make corrections within a time limit; if the relevant information is still not handed over within the time limit, the construction unit and property service enterprise shall be notified and fined more than 10,000 yuan. A fine of less than 100,000 yuan.

Legal basis: Article 18 of the "Measures for the Administration of Commercial Housing Sales" Commercial housing sales can be priced by units (units), or by the building area or building area within the unit. The building area of ​​commercial housing consists of the internal building area and the shared common building area. The internal building area part is independent property rights, and the shared common building area part is joint property rights. The buyer has rights and responsibilities in accordance with the provisions of laws and regulations. responsibility. If the price is calculated based on the unit (unit) or the building area within the unit, the building area and the shared total building area shall be indicated in the commercial housing sales contract.

"Property Management Regulations"

Article 27 The construction unit shall not dispose of the ownership or use rights of the common parts of the property, common facilities and equipment that the owner enjoys in accordance with the law without authorization.

Article 58: Anyone who violates the provisions of these Regulations and fails to hand over relevant information shall be ordered by the real estate administrative department of the local people's government at or above the county level to make corrections within a time limit; if the relevant information is not handed over within the time limit, the construction unit shall be subject to , property service companies will be notified and fined not less than RMB 10,000 but not more than RMB 100,000.