Is it illegal to attach a car to a property?

First, the parking in the community is locked. Is property locking legal?

It is illegal for the owner to lock the car in the community, and the property has no right to lock the car. The property can only stop the illegal parking and inform the owner of the illegal parking to stop.

Regulations of People's Republic of China (PRC) Municipality on Property Management

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.

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.

Second, what is the legal responsibility of property management?

There are many specific types of illegal acts in property management, involving different types of legal responsibilities in property management, such as civil liability for breach of contract, civil liability for tort, administrative liability and criminal liability, and their specific constitutive requirements are also different. Generally speaking, the imputation conditions of legal responsibility are composed of the following four elements.

(1) is illegal. Legal liability is generally caused by the occurrence of illegal acts. Therefore, the constitutive conditions of illegality itself should naturally become the basis and necessary premise of legal responsibility.

(2) Damage results. Damage refers to the loss of interests and harm caused to the infringed. The forms of damage mainly include personal injury, property damage, mental damage and other interests damage. The scope of damage includes direct actual damage and indirect damage caused by the loss of expected benefits. Behavior has a certain degree of social harm, causing danger or damage to social specific interests, and the harmful result reaches the degree that the corresponding legal responsibility should be investigated according to the law, which is a necessary condition for the legal responsibility of property management. In some legal responsibilities, the damage result is not a necessary element.

(3) Causality. There should be a causal relationship between the illegal act and the damage result. Legal causality is not a general causality, but an inevitable connection between a factual act and a specific damage result. If the damage result is not necessarily caused by someone's behavior, the actor is not responsible for the result. Because there are all kinds of connections between behavior and results, there are inevitable connections and accidental connections, direct connections and indirect connections, and one cause has many effects. Therefore, when attributing the legal responsibility of property management to an illegal act, it is necessary to clarify the relationship between the illegal act and the specific loss result, which has great influence on the characterization of the act and the determination of the type and size of legal responsibility.

(4) the subjective fault state of the actor. Fault refers to a state of psychological understanding of the illegal act and its consequences when the actor carries out the act, which is divided into two forms: intentional and negligent. Direct and indirect intentional violations should bear legal responsibility, gross negligence violations should generally bear civil or administrative responsibility, and criminal responsibility should only be borne if the law expressly stipulates it. The principle of fault liability is mostly adopted in the imputation of civil tort, administrative violation and criminal violation of property management.