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Can property fees be used to resist noise pollution?
Legal analysis
First of all, it did not explain the source of white noise, whether it was caused by the property. Whether it is the noise of neighbors or the noise outside the community, it has nothing to do with the property. Property fees are not directly related to noise disturbing people. Property fee is the fee charged by property managers for providing various services to residents in residential areas. If there is noise disturbing people, it can be reported to the property management department. If the property is not managed, it can be reported to the higher authorities. The property has no law enforcement power and is not included in the service content of the property. Mainly depends on who is the noise maker. If the noise of public facilities and equipment in property management is too high, the property can consider explaining the causes of the noise, the solutions, the expenses to be solved, or applying for public maintenance funds, the remaining problems of hardware supporting, or the aging problems, all of which should be solved. If the noise is caused by other owners of the community, the property needs to coordinate with the person who makes the noise, and the result of coordination needs to be informed to the complaining owner. If the complaint fails, the owner can find a functional department to solve it. Or the property reports to the functional department. If it is noise outside the community, please ask the complainant to find a functional department to complain and solve it. The property must first do a good job of basic coordination, and it is recorded that the owner can sue if he does not pay the fee.
legal ground
Article 944 of the Civil Code of People's Republic of China (PRC), the owner shall pay the property fee to the property service provider as agreed. If the property service provider has provided services in accordance with the agreement and relevant regulations, the owner shall not refuse to pay the property fee on the grounds that he has not accepted or does not need to accept the relevant property services. If the owner fails to pay the property fee within the time limit in violation of the agreement, the property service provider may urge him to pay it within a reasonable period of time; If the payment is not made within a reasonable period, the property service provider may bring a lawsuit or apply for arbitration. The property service provider shall not stop power supply, water supply, heat supply and gas supply to demand payment of property fees.
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