Does the property have the right to restrict the owner's access?

No, the owners are legal house owners and community users. No one has the right to stop the legitimate rights of the owners. Even if the property fee is not paid, the property cannot prevent the owners from entering and leaving the community, and there is no legal basis. In the face of the situation that the property company infringes on the owner's rights and interests and can't satisfy the owner, the best way should be for the owner to choose to complain to the corresponding department or sue the court for rights protection.

Secondly, the relationship between the owner and the property management company is the property service contract. Owners pay property fees and property companies provide property services, which is a civil contractual relationship between equal subjects. Property companies provide services in accordance with the property service contract. One of the main contents of property service is to maintain the order of the community and ensure the smooth order of the community. It is against the law for property companies to prevent owners from entering their own communities through access control.

Legal consequences of restricting owners from entering the community

1, civil liability

Not allowing owners to enter and leave the property freely is not only a violation of citizens' personal freedom, but also a civil violation of property loyalty obligations. The infringed owner can protect his own rights and interests through litigation, and shall bear tort liabilities such as apologizing, stopping the infringement and compensating for losses.

2. Administrative responsibility

Restricting unpaid owners from entering the community is also a violation of public security management. According to Article 40 of the Law on Public Security Administration Punishment, anyone who illegally restricts the personal freedom of others shall be detained for more than 10 days and less than 15 days, and shall be fined between 500 yuan and 1,000 yuan; If the circumstances are relatively minor, they shall be detained for more than five days and less than ten days, and shall be fined more than 200 yuan and less than 500 yuan.

To sum up, the property has no right to prevent the owners from entering the community, because entering the community is the most basic right of the community owners. If you encounter such a property, you can take up legal weapons to safeguard your rights and interests.

Legal basis:

property management regulations

Article 50

Owners and property service enterprises shall not occupy or dig roads and sites within the property management area without authorization, which will harm the interests of owners. Because of the maintenance of property or public interests, the owners really need to temporarily occupy or dig roads and sites, and shall obtain the consent of the owners' committee and the realty service enterprise; If it is really necessary for a realty service enterprise to temporarily occupy or dig roads and sites, it shall obtain the consent of the owners' committee. Owners and property service enterprises shall restore the roads and sites temporarily occupied and excavated to their original state within the agreed time limit.

civil law

Article 274

Roads within the building division belong to the owner, except those belonging to urban roads. The green space within the building division belongs to the owner, except for urban public green space or express personal green space. Other public places, public facilities and property services within the building division are owned by the owner.