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Is the property entitled to a fine?
The basic principles stipulated in the Administrative Punishment Law of the People's Republic of China are: the subject is qualified, the punishment is legal, the punishment is equivalent, the procedure is legal, and the punishment is combined with education. The so-called "qualified subject" means that the person who executes the fine must be a qualified law enforcement officer representing the law enforcement agency authorized by laws and regulations, while the property company is not, and has no law enforcement power, so it cannot be fined.
Of course, property management companies have no right to impose fines, but it should be noted that property management companies can charge "liquidated damages". If there is an agreement in the contract agreed by both parties and the owner breaches the contract, the property management company can collect "liquidated damages" according to the contract signed by both parties. Of course, if the property management company is found to be in breach of contract, the owner can also collect "liquidated damages" from the property management company, but it is often difficult to operate in practice.
Extended data:
Owners enjoy the following rights in property management activities:
(a) in accordance with the provisions of the realty service contract, accept the services provided by the realty service enterprise;
(two) proposed to convene a meeting of the owners' congress, and put forward suggestions on matters related to property management;
(three) put forward suggestions on formulating and amending the management statute and the rules of procedure of the owners' congress;
(four) to participate in the owners' meeting and exercise the right to vote;
(five) to elect members of the owners' committee and enjoy the right to be elected;
(six) to supervise the work of the owners' committee;
(seven) to supervise the realty service enterprise to perform the realty service contract;
(eight) the right to know and supervise the use of * * * parts of the property, * * facilities and equipment and related sites;
(nine) to supervise the management and use of special maintenance funds for * * * parts of the property and * * * facilities and equipment (hereinafter referred to as special maintenance funds).
(ten) other rights stipulated by laws and regulations.
Baidu Encyclopedia-Property Management Regulations
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