Is the closed management of the community legal?

Whether the closed management of the community is legal or not depends on the situation. For example, during the epidemic, it is necessary and legal to implement closed management in the community. If it is illegal to implement closed management in the community at ordinary times, the owners must register in and out, and the owners will definitely feel uncomfortable. If there are special circumstances that require closed management, it must be reported to the relevant departments and implemented only after approval.

Legal analysis

Safety is one of the main obligations of property management enterprises, and it is also one of the main contents of property management service contracts. The community safety management obligations of property management enterprises include property fire management and community security management. Property fire management is to prevent and eliminate fires, rectify and control fire hazards, and ensure the life and property safety of property owners. Public security management in residential quarters refers to taking various measures, such as setting up guard duty and security personnel patrol system, to ensure the stability of public security in residential quarters and make owners live and work in peace and contentment. Whether the property management enterprise should undertake the aforementioned obligations of community safety management is completely agreed by the owners' group and the property management enterprise in the contract. At present, property management enterprises appear as service providers. Therefore, in practice, property management service contracts generally stipulate such obligations for community safety management. As for the specific content of community safety management obligations, it should be clearly agreed by both parties to the contract. When fulfilling the obligation of public security management in property communities, we should pay attention to the identity of property management enterprises as civil subjects rather than administrative law enforcement organs. As a civil subject, the property management enterprise only accepts the entrustment of the owners' group to manage the property in the residential area. The essence of this management is a civil activity. Therefore, property management enterprises should control the legal boundary of their own behavior, and all property management enterprises with public power that can only be exercised by state organs are not allowed to implement it, otherwise it will constitute an illegal act and bear corresponding legal responsibilities, including civil responsibility, administrative responsibility and criminal responsibility.

legal ground

property management regulations

Article 47 The rights and obligations of property users in property management activities shall be agreed by the owners and property users, but they shall not violate the relevant provisions of laws, regulations and management regulations. If the property user violates the provisions of these regulations and the management agreement, the relevant owners shall bear joint and several liability.

Forty-fifth of the property management area in violation of public security, environmental protection, property decoration and use of laws and regulations, property service enterprises should be stopped, and timely report to the relevant administrative departments. After receiving the report from the realty service enterprise, the relevant administrative department shall stop the illegal act or deal with it according to law.