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Does residential parking property have the right to lock the car?
For the parking phenomenon in the residential area, the property company can only stop it, take reasonable and legal measures to manage it, and can't intervene by compulsory illegal means. The property should strengthen the management of vehicle parking, publicize the uncivilized behavior of the owners through written reminders, billboards and electronic screens, and create an effective order of civilized and standardized parking. In case the owner illegally parks and occupies the fire lane, the property service enterprise can contact the owner to remove the car or report it to the relevant department for handling, which is more reasonable and legal. Property is a service department, not a law enforcement department, and the property company and the owner are the counterparts of the property service contract.
legal ground
property management regulations
Article 45 Property service providers shall, in accordance with the agreement and the nature of property use, properly maintain, conserve, clean, afforest and manage some owners in the property service area, maintain the basic order of the property service area, and take reasonable measures to protect the personal and property safety of the owners.
Property service providers shall take timely and reasonable measures to stop acts that violate laws and regulations such as public security, environmental protection and fire protection in the property service area, report to the relevant administrative departments and assist in handling them. Article 35 A realty service enterprise shall provide corresponding services in accordance with the stipulations of the realty service contract.
The realty service enterprise fails to perform the realty service contract, causing personal and property safety damage to the owner, and shall bear corresponding legal responsibilities according to law. Article 34 The owners' committee shall sign a written realty service contract with the realty service enterprise selected by the owners' congress.
Property service contracts shall stipulate property management matters, service quality, service fees, rights and obligations of both parties, management and use of special maintenance funds, property management premises, contract term, liability for breach of contract, etc.
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