Job Recruitment Website - Property management - The property blocked the gate of the community, and no parking space allowed the owner to enter. Is it legal?
The property blocked the gate of the community, and no parking space allowed the owner to enter. Is it legal?
According to Article 74 of the Property Law of People's Republic of China (PRC), the parking spaces and garages planned for parking cars in the building area should first meet the needs of the owners. In the building division, the ownership of planned parking spaces and garages shall be agreed by the parties through sale, gift or lease. Parking spaces that occupy roads or other venues owned by the owner for parking cars shall be owned by the owner.
According to Article 81 of People's Republic of China (PRC) Property Law, the owner can manage the building and its ancillary facilities by himself, or entrust the property service enterprise or other managers to manage it. The owner has the right to replace the realty service enterprise or other managers selected by the construction unit according to law.
According to Article 82 of the Property Law of People's Republic of China (PRC), the realty service enterprise or other managers shall manage the buildings and their ancillary facilities within the building division according to the entrustment of the owners, and accept the supervision of the owners. Owners shall abide by laws, regulations and management regulations.
The owners' assembly and the owners' committee have the right to require the perpetrator to stop the infringement, eliminate the danger, remove the obstruction and compensate for the losses in accordance with laws, regulations and management regulations for acts that damage the legitimate rights and interests of others, such as illegally building, encroaching on the passage and refusing to pay property fees. Owners who infringe upon their legitimate rights and interests may bring a lawsuit to the people's court according to law.
Extended data:
In violation of the provisions of this Ordinance, if a property service enterprise entrusts all property management within a property management area to others, the real estate administrative department of the local people's government at or above the county level shall order it to make corrections within a time limit and impose a fine of more than 30% and less than 50% of the entrusted contract price; If the circumstances are serious, the qualification certificate shall be revoked by the department that issued the qualification certificate.
The entrusted income is used for the repair and maintenance of * * * parts and * * * facilities and equipment in the property management area, and the rest is used according to the decision of the owners' meeting; If losses are caused to the owners, they shall be liable for compensation according to law.
China government network-property management regulations
Baidu Encyclopedia-People's Republic of China (PRC) Property Law
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