Setting up a courier station in a residential area, convenient but also an infringement
[2] Compiled from: Jinnan Court, Tianjin High Court
[3] Without the consent of the apartment owners, a courier station was opened in a residential building. While it made package pickup convenient, it also brought many safety risks. Does opening a courier station in a residential building infringe on the rights of the owners?
[3] Without the consent of the apartment owners, a courier station was opened in a residential building. While it made package pickup convenient, it also brought many safety risks. Does opening a courier station in a residential building infringe on the rights of the owners?
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Case review
[4] Three plaintiffs, including Old Liu, and the defendant Xiao Yan are owners in the same building. Xiao Yan leased his first-floor apartment to Xiao Li to operate a Cainiao Station. The three owners, including Old Liu, sued Xiao Yan and Xiao Li, demanding an immediate halt to the business operations in the involved property, removal of the nuisance and danger, and restoration of the property to residential use.
[5] The court held that Xiao Yan’s act of leasing his residential property to Xiao Li for operating a Cainiao Station was opposed by the three plaintiffs, who are interested owners. The plaintiffs have the right to demand that the two defendants remove the nuisance and restore the property to residential use.
[6] However, since defendant Xiao Li moved out of the involved property during the trial, the nuisance to the plaintiffs had already been removed. As the factual basis for the plaintiffs’ claims had changed, and the plaintiffs insisted on a court judgment despite the court’s clarification, the court dismissed the plaintiffs’ claims.
《 [1] The People's Republic of China Civil Code
Article 236
If property rights are infringed or may be infringed, the right holder may request the removal of the infringement or elimination of the danger.
Article 279
An owner shall not change a residential unit into a commercial unit in violation of laws, regulations, and the management rules. If an owner changes a residential unit into a commercial unit, in addition to complying with laws, regulations, and the management rules, the owner shall obtain the unanimous consent of the interested owners.
[1] The author's perspective
According to the above relevant laws, if a residential unit is to be converted into a commercial unit, the consent of the interested owners is required. Therefore, in this case, arbitrarily setting up a courier station in a residential building is an illegal act. It can be seen that before a courier station is established, a relevant notice should be posted, and operation can only begin after obtaining the signatures and confirmation of the community owners.
[4] Three plaintiffs, including Old Liu, and the defendant Xiao Yan are owners in the same building. Xiao Yan leased his first-floor apartment to Xiao Li to operate a Cainiao Station. The three owners, including Old Liu, sued Xiao Yan and Xiao Li, demanding an immediate halt to the business operations in the involved property, removal of the nuisance and danger, and restoration of the property to residential use.
[5] The court held that Xiao Yan’s act of leasing his residential property to Xiao Li for operating a Cainiao Station was opposed by the three plaintiffs, who are interested owners. The plaintiffs have the right to demand that the two defendants remove the nuisance and restore the property to residential use.
[6] However, since defendant Xiao Li moved out of the involved property during the trial, the nuisance to the plaintiffs had already been removed. As the factual basis for the plaintiffs’ claims had changed, and the plaintiffs insisted on a court judgment despite the court’s clarification, the court dismissed the plaintiffs’ claims.
《 [1] The People's Republic of China Civil Code
Article 236
If property rights are infringed or may be infringed, the right holder may request the removal of the infringement or elimination of the danger.
Article 279
An owner shall not change a residential unit into a commercial unit in violation of laws, regulations, and the management rules. If an owner changes a residential unit into a commercial unit, in addition to complying with laws, regulations, and the management rules, the owner shall obtain the unanimous consent of the interested owners.
[1] The author's perspective
According to the above relevant laws, if a residential unit is to be converted into a commercial unit, the consent of the interested owners is required. Therefore, in this case, arbitrarily setting up a courier station in a residential building is an illegal act. It can be seen that before a courier station is established, a relevant notice should be posted, and operation can only begin after obtaining the signatures and confirmation of the community owners.
