Property infringement disputes teach you to defend your rights with cases.

The relationship between the owners of residential quarters and property management companies is always "unreasonable", and even lawsuits sometimes occur-

If the car in the community is stolen, the property company will pay compensation.

At the beginning of case 20 1 1, the owner Yanzi had paid the vehicle storage fee for one year in the form of 60 yuan every month according to the requirements of the property management company. On the evening of May 8, Stefanie parked her car at the designated place as usual. But the car was stolen because the security guard didn't check the people who came in and out. Although the case was reported, the public security organ failed to detect it because there was no clue. Three months later, Stefanie asked the property management company to pay 6.5438+0.8 million yuan for the car, which was rejected and became a lawsuit.

Comment on the property company's liability for compensation. On the one hand, Article 36 of the Property Management Regulations stipulates: "Property management enterprises shall provide corresponding services in accordance with the provisions of the property service contract. If the property management enterprise fails to fulfill the agreement of the property service contract, causing personal and property safety damage to the owner, it shall bear corresponding legal responsibilities according to law. " Security guards don't check visitors, which means that the property company didn't perform the service contract well, so it's natural to blame. On the other hand, Article 374 of the Contract Law stipulates: "During the storage period, if the deposit is damaged or lost due to improper storage by the custodian, the custodian shall be liable for damages ..."

Use the community to earn extra money, and the income belongs to the owner.

Case Wei Zhen Residential Property Company leased the exterior wall facing the street to a supermarket to publish business advertisements without the consent of the owners' committee, and charged half the rent in advance. When the lease expires, the supermarket pays the other half of the rent of 5000 yuan to the property company. Wei Zhen and other owners think that the rent should belong to the owners, but the property management company refused, on the grounds that the external wall was developed and utilized by them alone and should belong to them.

Comment that the rent should be owned by all owners. According to Item (1) of Article 3 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Disputes over the Ownership of Buildings, "the basic structural parts of buildings, such as foundation, load-bearing structure, external walls and roofs, public transportation parts such as passages, stairs and foyer, auxiliary facilities and equipment such as fire fighting and public lighting, and structural parts such as refuge floor, equipment floor or computer room". The owner has the right to the external wall, which determines that only the owner can enjoy the right to possess, use, benefit and dispose of the external wall. In any case, property companies can only be managers.

Property management companies have no right to expose owners' arrears in management fees.

Case Niu Li residential property management company did not charge 20 10 property management fee. For a month in a row, the property management company publicized the name, the amount of arrears, the home address and the contact telephone number of the owner of the arrears by posting them at the entrance and exit gates and corridors of the community, so as to force the owner to pay off the arrears for fear of damaging his reputation.

The company violated the reputation rights of Niu Li and others. The Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes stipulates: "If the owner refuses to pay the property fee without justifiable reasons or fails to pay the property fee within a reasonable period after being urged in writing, the people's court shall support it." The behavior of the property company objectively affects the social evaluation and dignity of Niu Li and others, which is in line with the constitutive requirements of bearing the responsibility of infringing the right of reputation as stipulated in Article 7 of the Supreme People's Court's Answers to Several Questions on the Trial of Reputation Cases. At the same time, home address, contact number, etc. It's all personal privacy, and the company's publicity without my permission or through judicial procedures is also an invasion of privacy.

(The above answers were published on 20 15-04-20. Please refer to the actual situation for the current purchase policy. )

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